NL Enterprises, LLC v. United Pacific Pet, LLC

Filing 172

ORDER staying discovery and vacating trial and pretrial conference dates pending ruling on Motion for Preliminary Injunction, 49 . Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
NL ENTERPRISES, LLC,
Plaintiff,

4:15CV3163

vs.
ORDER
UNITED PACIFIC PET, LLC,
Defendant.
The parties’ lawsuit raises a claim and a counterclaim for breach of a distribution
contract, with Plaintiff requesting declaratory relief and Defendant requesting damages. A
motion for preliminary injunction is pending. (Filing No. 49). Following oral argument on that
motion, Judge Gerrard requested additional briefing on the issue of “whether . . . the contract as a
whole fails, whether the renewal provision fails such that the contract does not automatically
renew, or whether the contract automatically renews without being conditioned by purchase
objectives.” (Filing No. 157).

The parties are embroiled in discovery disputes as they try to prepare for a March 2017
trial. The discovery at issue involves business records which, but for this litigation, would remain
confidential and not subject to disclosure to the opposing party. After conferring with counsel,
the parties agree that Judge Gerrard’s ruling on the issues outlined in his Filing 157 order will
impact whether, and to what extent, the discovery currently in dispute is relevant to any
cognizable issue in this case.

Accordingly, to facilitate the goals of Rule 1 of the Federal Rules of Civil Procedure:

IT IS ORDERED:
1)
The unexpired deadlines in the court’s case progression order (Filing No. 66), and
any court-approved extensions of that order, are stayed pending further order of
the court.
2)

The pretrial conference and jury trial settings are vacated pending further order of
the court.

2)

If this case is not fully resolved by the court’s ruling on the motion for
preliminary injunction, within ten (10) days after that ruling, the parties shall
contact the undersigned magistrate judge’s chambers to set a new case
progression schedule.

January 6, 2017.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

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