Pentair Water Pool and Spa, Inc. et al v. Hayward Industries, Inc. et al

Filing 348

ORDER: The 317 Motion to Stay and the 347 Joint Motion to Stay are GRANTED. Plaintiffs' 343 Motion for a Protective Order Staying All Discovery Pending Resumption of Litigation or, in the Alternative, to Compel Depositions of Defendants and Their Personnel and to Modify Discovery Schedule is withdrawn without prejudice. All other pending motions 305 , 339 , 341 are DENIED without prejudice and may be renewed once the stay is lifted. Counsel should read the order in its entirety for all other deadlines and information. Signed by Chief Judge James C. Dever III on 2/18/2014. (Sawyer, D.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:11-CV-459-D

PENTAIR WATER POOL AND SPA, INC., )
and DANFOSS DRIVES A/S,
)
)
Plaintiffs,
)
)
v.
)
)
HAYWARD INDUSTRIES, INC., and
)
HAYWARD POOL PRODUCTS, INC.
)
)
Defendants. )

ORDER

Upon consideration of the Joint Motion to Stay '070 Patent and the Remainder of the Case
[D.E. 347], and for good cause shown, it is hereby ORDERED as follows:
a. For the purpose of promoting efficiency and judicial economy, all issues directed to the
'070 Patent immediately are subsumed within the stay issued pursuant to the Court's Order of
January 31, 2013 [D.E. 342];
b. All deadlines in the Scheduling Order filed November 13, 2013 [D.E. 312] are suspended
for the duration of the stay;
c. Except as otherwise resolved in this order, all pending discovery motions, requests,
responses, disputes, requests for personal and Rule 30(b)(6) depositions, and other pending matters
are suspended for the duration of the stay;
d. The parties reserve their rights with respect to all other case-related matters if and when
the need arises;

e. Plaintiffs' Motion for a Protective Order Staying All Discovery Pending Resumption of
Litigation or, in the Alternative, to Compel Depositions of Defendants and Their Personnel and to
Modify Discovery Schedule [D.E. 343] is withdrawn without prejudice;
f. Plaintiffs or defendants may seek to have the stay of these proceedings lifted, in whole or
in part at any time, with a resumed schedule including an appropriate period of time to complete
outstanding fact discovery, pending further developments in the United States Patent and Trademark
Office concerning the patents-in-suit;
g. All other pending motions [D.E. 305, 339, 341] are DENIED without prejudice and may
be renewed once the stay is lifted; and
h. The motion to stay [D.E. 317] and the joint motion to stay [D.E. 347] are GRANTED.
SO ORDERED. This 18_ day of February 2014.

J

SC.DEVERill
Chief United States District Judge

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