A&J Manufacturing, LLC et al v. W.C. Bradley Co. et al

Filing 43

ORDER that this matter be set for a Settlement Conference. The Court ORDERS the parties to confer and contact the undersigned's Courtroom Deputy within fourteen (14) days of the date of this Order. (Compliance due by 10/9/2017.) Signed by Magistrate Judge R. Stan Baker on 9/25/2017. (ca)

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

A&J MANUFACTURING, LLC; and A&J
MANUFACTURING, INC.,
Plaintiffs,

CIVIL ACTION NO.: 2:13-cv-115

v.
(Rel. Case No.: 2:13-cv-140)
ZHEJIANG FUDEER ELECTRIC
APPLIANCE CO., LTD.; and CHAR-BROIL,
LLC,
Defendants.

ORDER
On June 8, 2017, the Court held a telephonic conference with the parties to discuss the
status of the stay in this case. (Doc. 33.) At the conclusion of that conference, the Court directed
the parties to meet and discuss the possibility of settlement and the continued status of the stay.
(Doc. 34.) The Court held a follow-up status conference with the parties on August 22, 2017, to
discuss their efforts. (Doc. 40.) Plaintiffs indicated that they were amenable to conducting
settlement discussions, but Defendants stated that they wished to continue staying the case
pending the results of the United States Patent and Trademark Office’s reexamination of the
patent at issue. This case is currently stayed and has remained stayed since January 23, 2014.
(Doc. 17.)

However, Plaintiffs represented during both status conferences that the only

remaining issue in this case is the amount of damages, because the allegedly infringing products
are no longer in production.
The Court hereby ORDERS that this matter be set for a Settlement Conference. The
Court requires that the parties appear personally at the Conference. If any party is insured for the

claims at issue, a representative of the insurer who has full settlement authority shall also appear
in person. At the Conference, counsel who will actually try the case and each party, armed with
full settlement discretion, shall be present. Having the client available by telephone is not
acceptable. The Court DIRECTS the parties to confer and contact the undersigned’s Courtroom
Deputy within fourteen (14) days of the date of this Order with proposed dates—not to exceed
seventy-five (75) days from the date of this Order—to conduct the Settlement Conference.
Furthermore, to facilitate settlement discussions, the Court shall allow the parties to
conduct limited discovery on the issue of damages.

All discovery on this issue must be

exchanged prior to the Settlement Conference date. This case REMAINS STAYED until
further Order of the Court.
SO ORDERED, this 25th day of September, 2017.

R. STAN BAKER
UNITED STATES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA

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