Fleet Truck Sales, Inc. v. Quality Companies, LLC et al

Filing 75

ORDER that the Joint Motion for Extension of Time to Respond to Defendants' Motion for Summary Judgment and Partial Summary Judgment and to Stay Progression Order (Filing No. 74 ) is granted. Plaintiff's Response to Defendants' Motion for Summary Judgment and Partial Summary Judgment (Filing No. 67 ) shall be filed on or before September 29, 2017. Defendants' Reply to Plaintiff's Response to Defendants' Motion for Summary Judgment and Partial Summary J udgment (Filing No. 67 ) shall be filed on or before October 13, 2017. The Final Pretrial Conference set for March 19, 2018, and Trial set to commence the week of April 17, 2018, are canceled, and will be re-set, if necessary, by further order of the Court. All other remaining deadlines set forth in the Order Amending Schedule for Progression of Case (Filing No. 65 ), shall be stayed until further order of the Court. Within fourteen (14) days of the Court's ruling on the Motion f or Summary Judgment and Partial Summary Judgment (Filing No. 67 ), the parties shall meet and confer to discuss whether mediation is appropriate. If the parties determine mediation is not appropriate, the parties shall jointly submit to the undersigned magistrate judge a proposed amended progression order. Ordered by Magistrate Judge Michael D. Nelson. (LAC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
FLEET TRUCK SALES, INC.,
Plaintiff,
8:16CV366
vs.
CELADON GROUP, INC.,
QUALITY COMPANIES, LLC, and
QUALITY EQUIPMENT LEASING, LLC
d/b/a QUALITY EQUIPMENT SALES,

ORDER

Defendants.
This matter is before the Court on the parties’ “Joint Motion for Extension of
Time to Respond to Defendants’ Motion for Summary Judgment and Partial Summary
Judgment and to Stay Progression Order” (Filing No. 74). The parties agree that additional
discovery may be needed to fully respond to the pending summary judgment motion. The
parties further believe that the Court’s ruling on summary judgment may substantially
narrow the issues for trial and potentially limit their additional discovery and trial
preparation. Therefore, the parties jointly request extensions of the deadlines to respond and
reply to the pending summary judgment motion, as well as a stay of the deadlines in the
Order Amending Schedule for Progression of Case (Filing No. 65), pending the Court’s
ruling on summary judgment. In consideration of the above, and for good cause shown, the
Court finds the Motion should be granted. Accordingly,
IT IS ORDERED:
1.

The Joint Motion for Extension of Time to Respond to Defendants’
Motion for Summary Judgment and Partial Summary Judgment and to Stay
Progression Order (Filing No. 74) is granted;

2.

Plaintiff’s Response to Defendants’ Motion for Summary Judgment and
Partial Summary Judgment (Filing No. 67) shall be filed on or before
September 29, 2017;

3.

Defendants’ Reply to Plaintiff’s Response to Defendants’ Motion for
Summary Judgment and Partial Summary Judgment (Filing No. 67) shall
be filed on or before October 13, 2017;

4.

The Final Pretrial Conference set for March 19, 2018, and Trial set to
commence the week of April 17, 2018, are canceled, and will be re-set, if
necessary, by further order of the Court;

5.

All other remaining deadlines set forth in the Order Amending Schedule
for Progression of Case (Filing No. 65), shall be stayed until further order
of the Court; and

6.

Within fourteen (14) days of the Court’s ruling on the Motion for Summary
Judgment and Partial Summary Judgment (Filing No. 67), the parties shall
meet and confer to discuss whether mediation is appropriate. If the parties
determine mediation is not appropriate, the parties shall jointly submit to
the undersigned magistrate judge a proposed amended progression order.

Dated this 12th day of July, 2017.

BY THE COURT:

s/ Michael D. Nelson
United States Magistrate Judge

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