Electrolux Home Prod v. Whitesell Corp

Filing 1127

ORDER granting 1118 Motion to Stay to the extent provided for by this Order; deferring ruling on 1070 Motion for Sanctions; deferring ruling on 1121 Motion to Stay; terminating 1120 Motion to Strike. The parties shall present full argument to the Court re 1070 and 1121 on Monday, February 11, 2019, at 9:00 a.m., in Courtroom 2 at Augusta, GA. Signed by Chief Judge J. Randal Hall on 1/3/2019. (pts)

IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION

WHITESELL CORPORATION,

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*

Plaintiff,

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V.

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CV 103-050

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ELECTROLUX HOME PRODUCTS,

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INC., HUSQVARNA, A.B., and

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HUSQVARNA OUTDOOR PRODUCTS,
INC.,

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5

Defendants.

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ORDER

On

October

8,

2018,

Defendants

filed

a

''Motion

for

Sanctions and to Stay the Joint Discovery Plan" (doc. no.

1070).

The parties have fully briefed the issues therein.

Meanwhile, the parties are under certain deadlines pursuant to
the

Joint Discovery Plan, including an obligation to file

affirmative

expert

witness

reports by

January

10,

2019.

Further, Plaintiff Whitesell Corporation has recently hired
new counsel.

On December 21, 2018, Defendants filed a motion to stay
the deadlines in the Joint Discovery Plan (doc. no. 1118).

Plaintiff opposes the extension and instead has filed a motion
for the Court to stay consideration of Defendants' motion for
sanctions

(doc.

no.

1121)

until

such

time

as

the

expert

witness reports are disclosed.

Having read and initially considered the matter, the
Court has determined that a

hearing

will be

necessary to

resolve both Defendants' motion for sanctions {doc. no. 1070)

and Plaintiff's motion to stay consideration of the motion for

sanctions (doc. no. 1121).
present

full

argument,

Accordingly, the parties shall
to

include

any

necessary

and

appropriate evidentiary support, to the Court respecting these
two motions on Monday, February 11, 2019, 9:00 a.m., at the
United States Courthouse, Courtroom II, in Augusta, Georgia.

Consequently, the deadlines of the Joint Discovery Plan are
hereby STAYED until further Order of the Court.
Upon the foregoing, Defendants' motion to stay the Joint
Discovery Plan (doc. 1118) is GRANTED to the extent provided
for by this Order.

Defendants' motion for sanctions (doc. no.

1070) and Plaintiff's motion to stay consideration of the
motion for sanctions (doc. no. 1121) are DEFERRED.
is

instructed

to

TERMINATE

Plaintiff s

motion

The Clerk
to

strike

Defendants' motion for sanctions (doc. no. 1120).

ORDER ENTERED

at

Augusta,

Georgia,

this

day of

January, 2019.

'HALL,/ CHIEF JUDGE

UNITED/STATES DISTRICT COURT
:rn

district of Georgia