Fratelli D'Amato SpA v. Pactrans Air & Sea USA

Filing 23

ORDER regarding 21 Amended MOTION to Stay - This action and all the deadlines shall be and hereby are Stayed until 1/31/2017 in order to allow the parties to complete the payments called for by the Agreement. The parties will provide a report to the Court every six months and when the final performance under the Agreement has been completed, Plaintiff will file a notice of dismissal. Signed by Senior Judge James C. Fox on 8/13/2014. (Grady, B.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
IN ADMIRALTY
CASE NO.: 5:14-cv-121(F)
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FRATELLI D' AMATO SpA,
Plaintiff,

v.
PACTRANS AIR & SEA USA a/k/a
PACTRANS AIR & SEA, INC.,
Defendant
and
NORCA ENGINEERED PRODUCTS,
LLC, NORCA EP, INC., AND
NORCA ENGINEERED PRODUCTS,
INC.,
Garnishees

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JOINT STIPULATION AND ORDER
TO STAY PROCEEDINGS PENDING
COMPLETION OJ? PAYMENT SCHEDULE

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IT IS HEREBY STIPULATED as ofthis

gth

day of July, 2014, by and between the

PlaintiffFratelli D' Amato SpA (Fratelli) and the Defendant, Pactrans Air & Sea, Inc. (Pactrans),
via their respective counsel, that the Court should enter a stay offurther proceedings in the
above-identified action pending satisfactory completion of the terms of a Payment Schedule and
Agreement for Forbearance of Legal Proceedings ("Agreement") amicably agreed to between
Fratelli ami Pactrans.
WHEREAS Fratelli and Pactrans have reached an Agreement, which will likely and
ultimately result in the dismissal of this case with prejudice once all its terms are met; and
WHEREAS the Agreement is motivated in part by the parties' desire to avoid continued
or additional legal fees while the parties finalize and then complete the exchange of

consideration provided for in the Agreement; and
WHEREAS the Agreement calls for payments to be made by Pactrans to Fratelli each
month, with the last payment to be made in January 2017; and
WHEREAS the Agreement provides that Fratell i will notify any garnishees previously
served with Process and in whose hands funds are restrained that it is voluntarily withdrawing
the restraining of any funds owed by the garnishees to Pactrans; and
WHEREAS the parties agree that the resolution of this litigation will proceed most
efficiently if this action is stayed on the terms set forth below until January 31, 2017;
NOW, THEREFORE, the parties respectfully request that this Court order that:
1. This aetion and all the deadlines shall be and hereby are Stayed until January 31,2017 in

order to allow the parties to complete the payments called for by the Agreement; and
2. The parties will provide a report to the Court: ( 1) every six months concerning the status
of the performance of the Agreement and whether the terms of the Agreement are being
complied with, and (2) when the final performance under the Agreement has
been completed, at which time Plaintiff will file a notice of dismissal.

MAR WEDEL, ~INICI-E7J.:_90 & REEB, PC

By·. \,______ ....~~---·--·::2
_j

) /' . .~-·----·1

nG'

Robert L. Reeb, Esq.,, ,

IL Bar#: I.e.) i 9 J'~/_5'
10 S. Riverside Plaza, Ste 720
Chicago, IL 60606

509 Princess Street
Wilmington, NC 28401
(91 0) 762-8743

E~9SL((~:illmr-l<l.\!:,i;..Q.!D

cl_1 ,;_@I1'ltJLtt~~\~- LQJ:U.:_QDL______________________________ Attorneys

for Defendant Pactrans
Air & Sea, Inc.

Altorneys for Plaintiff
Fratelli D' Amato SpA
-~

SO ORDERED this the /) day of

, 2014.

August

~e'k
.

~~~MR~~xxxx

JAMES C. FOX
Senior United States District Judge
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