The Cato Corporation v. L.A. Printex Industries, Inc.

Filing 162

Order vacating re: 110 and 155 withdrawing 125 MOTION for Order to Show Cause Expedited Consideration Requested, denying 158 MOTION to Dismiss , denying 152 MOTION for Reconsideration re [1 10] Order on Motion for Partial Summary Judgment, Order on Motion for Summary Judgment, or, in the Alternative, Motion for Stay Pending Motion to Certify an Interlocutory Appeal, denying 159 MOTION for Reconsideration re 156 Order on Motion to Compel, Order on Motion for Protective Order, , granting 160 Joint MOTION to Vacate .. Signed by District Judge Max O. Cogburn, Jr on 11/27/2012. (blf)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:10cv462
THE CATO CORPORATION,

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Plaintiff,
Vs.
L.A. PRINTEX INDUSTRIES, INC.,
Defendant.
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Case No.3:10-cv-00462

ORDER

L.A. PRINTEX INDUSTRIES, INC.,

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Counterclaim Plaintiff,
Vs.
THE CATO CORPORATION,
Counterclaim Defendants.

Case No. 3:10-cv-00543

THIS MATTER is before the court on the joint Motion to Vacate Summary
Judgment Order and Sanctions Order and Withdraw Motion for Order to Show Cause (#160).
In so moving, the parties have informed the court that they have reached a resolution
of this lawsuit. Vacatur of the Summary Judgment Order and the Sanctions Order was
contemplated by the parties as a term of their amicable resolution of this matter and they
advise that upon entry of an Order vacating the Summary Judgment Order and the Sanctions
Order, the parties will file a Stipulation of Dismissal. As a further term of the amicable

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resolution, Cato has agreed to withdraw its Motion for an Order to Show Cause. Finding that
good cause exists for the relief sought, the court will conditionally grant the request for the
reasons more thoroughly discussed in the Memorandum of Law filed in support of such
motion. Upon entry of this Order, the parties will have until November 30, 2012, to file their
Stipulation of Dismissal of all claims with prejudice, which will terminate this action.
Absently timely filing, all motions now pending shall be placed on a calendar for hearing.

ORDER
IT IS, THEREFORE, ORDERED that the joint Motion to Vacate Summary
Judgment Order and Sanctions Order and Withdraw Motion for Order to Show Cause (#160)
is GRANTED, the Summary Judgment Order (#110) and the Order of Certification of Facts
[Contempt] (#155) are VACATED, and upon request of the parties, the Motion for Order
to Show Cause (#125) is WITHDRAWN.

IT IS FURTHER ORDERED, as a matter of housekeeping, that the Motion for
Reconsideration (#152), the Motion to Dismiss (#158), and Motion for Reconsideration
(#159) are also DENIED.

The parties shall have up to and inclusive of November 30, 2012, to file their
Stipulation of Dismissal. Absent such filing, this Order shall be withdrawn and all
motions heard on December 19, 2012, at 9:00 a.m.

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Signed: November 27, 2012

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