Buyer's Direct Inc. v. Belk, Inc., et al

Filing 204

ORDER - The parties shall participate in a court-hosted settlement conference before US Magistrate Judge Robert B. Jones, Jr. - Parties are to confer and determine three proposed dates for the conference - Counsel for plaintiff shall file a notice se tting out the three proposed dates no later than December 11, 2015 - Defendants shall file a summary judgment motion on the issue of the res judicata and/or collateral estoppel effect on this case of the rulings in High Point Design LLC v. Buyer' ;s Direct, Inc., 1:11-CV-4530-KBF (S.D.N.Y.) and the related decisions by the United States Court of Appeals for the Federal Circuit within 14 days from the date the court- hosted settlement conference is convened - If any claims remain following dis position of defendants' motion, the parties shall, within 14 days after entry of the order disposing of the motion, conduct a Fed. R. Civ. P. 26(f) conference relating to the remaining proceedings in this case and file a proposed plan for such proceedings - Defendants' motion to compel responses to document requests (D.E. 107), second motion to compel responses to document requests (D.E. 110), and motion for protective order (D.E. 157) are DENIED without prejudice. *Counsel are directed to read the order in its entirety for upcoming deadlines and other pertinent details. Signed by Magistrate Judge James E. Gates on 12/4/2015. (Lee, L.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
5:10-CV-65-H
BUYER’S DIRECT INC.,

)
)
Plaintiff,
)
)
v.
)
)
BELK, INC. and BELK INTERNATIONAL, )
INC.,
)
)
Defendants.
)

ORDER

This case comes before the court for ruling on the matters discussed at the status
conference held on 3 December 2015 (see D.E. 203) pursuant to the court’s 22 October 2015
order (D.E. 199). Based on the presentations by counsel at the hearing and the other relevant
considerations, it is hereby ORDERED as follows:
1.

The parties shall participate in a court-hosted settlement conference before United

States Magistrate Judge Robert B. Jones, Jr. The parties shall confer and determine three dates
up to and including 22 January 2016 upon which they and the other required attendees under
Local Civil Rule 101.2(d)(1), E.D.N.C. can attend the settlement conference. No later than 11
December 2015, counsel for plaintiff shall file a notice setting out the three proposed dates.
Judge Jones will thereafter schedule the conference and set such other terms for it as he deems
appropriate.
2.

Defendants shall file a summary judgment motion on the issue of the res judicata

and/or collateral estoppel effect on this case of the rulings in High Point Design LLC v. Buyer’s
Direct, Inc., 1:11-CV-4530-KBF (S.D.N.Y.) and the related decisions by the United States Court
of Appeals for the Federal Circuit within 14 days from the date the court-hosted settlement

conference is convened. Plaintiff’s response to defendants’ motion shall be filed within 21 days
after the motion is filed. Any reply by defendants shall be filed within 14 days after the filing of
plaintiff’s response.
3.

If any claims remain following disposition of defendants’ motion, the parties

shall, within 14 days after entry of the order disposing of the motion, conduct a Fed. R. Civ. P.
26(f) conference relating to the remaining proceedings in this case and file a proposed plan for
such proceedings. The plan shall indicate whether any party seeks a conference with the court
prior to entry of a scheduling order. After review of the proposed plan and any conference with
counsel, the court will enter a scheduling order.
4.

As discussed at the status conference, defendants’ motion to compel responses to

document requests (D.E. 107), second motion to compel responses to document requests (D.E.
110), and motion for protective order (D.E. 157) are DENIED without prejudice. Such denial is
warranted based on, among other considerations relating to efficient case management, the
potential mootness of such motions due to the settlement and summary judgment proceedings
provided for herein and the potential staleness of the motions given the extended period since
their filing.
SO ORDERED, this 4th day of December 2015.

_________________________
James E. Gates
United States Magistrate Judge

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