Rose Acre Farms, Inc. et al

Filing 41

ORDER denying 26 Motion for Summary Judgment and denying 28 and 30 Motions to Exclude. The court orders the parties to engage in mediation. The parties shall complete mediation no later than December 7, 2012, and advise the court of the results. If the case is not resolved, the court will set a trial date. Signed by Chief Judge James C. Dever III on 9/13/2012. (Sawyer, D.)

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF NORTH CAROLINA

EASTERN DIVISION

No.4:1O-CV-165-D

ROSE ACRE FARMS, INC., ET AL.,
Plaintiffs,

v.

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VILTER MANUFACTURING, LLC,
Defendant.

ORDER

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Genuine issues of material fact exist concerning plaintiffs' three claims and the defense of
contributory negligence. In addition, on the current record, defendant's motions to exclude the
expert testimony ofR. Dean Harris and Brian Boggess are denied without prejudice. Accordingly,
the court DENIES defendant's motion for summary judgment [D.E. 26] and DENIES without
prejudice defendant's motions to exclude the expert testimony ofR. Dean Harris [D.E. 28] and Brian
Boggess [D.E. 30].
The court orders the parties to engage in mediation. The parties shall complete mediation
no later than December 7, 2012, and advise the court ofthe results. If the case is not resolved, the
court will set a trial date.
SO ORDERED. This J.1. day of September 2012.