CTB, Inc. v. Hog Slat Incorporated

Filing 154

ORDER granting 153 Motion to Stay. The pending motions [D.E. 115, 118, 142, 148] are DENIED without prejudice pending the outcome of defendant's engineering tests; no later than November 1, 2017, the parties shall submit a joint notice to the court advising of the status of the testing and settlement efforts; and the parties shall promptly advise the court if at any time either party determines that the outcome of the tests and/or settlement discussions will not result in settlement so that the court may lift the stay, reactivate the motions at D.E. 115, 118, 142, 148, and rule on the merits of the those motions. Signed by Chief Judge James C. Dever III on 7/31/2017. (Briggeman, N.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
No. 7:14-CV-157-D
CTB,INC.,
Plaintiff,

v.

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HOG SLAT INCORPORATED,
Defendant.

ORDER

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On July 31, 2017, the parties filed a joint motion [D.E. 153] requesting a stay on any ruling
on the pending motions for summary judgment [D.E. 115, 118], motion in limine to exclude
plaintiff's expert Rhonda Harper [D.E. 142], and motion for hearing [D.E. 148] pending the outcome
of engineering tests that, if successful, could likely lead to settlement. Good cause exists for the
motion. The motion [D.E. 153] is GRANTED, and it is ORDERED that:
(i)

the pending motions [D.E. 115, 118, 142, 148] are DENIED without prejudice
pending the outcome of defendant's engineering tests;

(ii)

no later than November 1, 2017, the parties shall submit a joint notice to the court
advising of the status of the testing and settlement efforts; and

(iii)

the parties shall promptly advise the court if at any time either party determines that
the outcome ofthe tests and/or settlement discussions will not result in settlement so
thatthecourtmayliftthe stay, reactivatethemotion8atD.E. 115, 118, 142, 148, and
rule on the merits of the those motions.

SO ORDERED. This ..J.L day of July 2017.