BeoCare Group, Inc. et al v. Morrissey

Filing 63

ORDER granting 62 Joint Motion to Stay Pending Settlement Discussions by Plaintiffs and Defendants Michael J. Morrissey, MB Health Performance, LLC and MB Health, LLC. All proceedings and deadlines as to these parties are STAYED for 33 days, through and including 9/22/14. Signed by Magistrate Judge David S. Cayer on 8/21/14. (smj)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CIVIL ACTION FILE NO. 5:14-cv-00124-RLV-DSC
BEOCARE GROUP, INC. AND
BEOCARE, INC.,
Plaintiffs
v.
MICHAEL J. MORRISSEY
(INDIVIDUALLY AND IN HIS
CAPACITY AS MANAGER OR
MANAGING MEMBER OF EM
INTERNATIONAL, LLC, EM
MEDICAL, LLC, MB HEALTH
PERFORMANCE, LLC, AND MB
HEALTH, LLC), MEDICAL KNITTED
STRUCTURES, INC., GARRETT
COOPER (individually and in his capacity
as Vice-President of Medical Knitted
Structures, Inc.), EM INTERNATIONAL,
LLC, EM MEDICAL, LLC, SUZANNE
SERL (individually and in her capacity as
manager and member of Alliance Labs,
LLC), STEVE VALENTINE,
PHARMACEUTICAL SALES
SOLUTIONS, LLC, ROBERT THOMAS
(individually and in his capacity as
manager and member of Pharmaceutical
Sales Solutions, LLC)
Defendants.

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ORDER GRANTING STAY PENDING
SETTLEMENT DISCUSSIONS

THIS CAUSE comes before the Court upon the joint Motion of Defendants Michael J.
Morrissey, MB Health, LLC and MB Health Performance, LLC and Plaintiffs for an order
staying this action and all proceedings and deadlines arising herein insofar as such action,
proceedings and deadlines pertain to Defendants Michael J. Morrissey, MB Health Performance,
LLC and MB Health, LLC, pending continued settlement discussions among Defendants

Michael J. Morrissey,

MB Health, LLC, MB Health Performance, LLC, and Plaintiffs

(collectively, the "Moving Parties");
AND IT APPEARING that the Moving Parties have filed numerous pending Motions for
relief; that the continued prosecution and defense of this action by the Moving Parties with
respect to one another would require the Moving Parties to incur further considerable legal
expenses, and would require a substantial expenditure of this Court's time and attention; that the
Moving Parties have been involved in good faith efforts to settle this action among themselves
and that it would be in the best interests of the Moving Parties and this Court that the Motion be
granted;
IT IS, THEREFORE, ORDERED that this action and all proceedings and deadlines
arising herein, insofar as such action, proceedings and deadlines pertain to (a) Plaintiffs' claims
and applications for relief pertaining to Defendants Michael J. Morrissey, MB Health, LLC and
MB Health Performance, LLC or (b) the claims and applications for relief of Defendants
Michael J. Morrissey, MB Health, LLC and MB Health Performance, LLC that pertain to
Plaintiffs, including but not limited to the following:
(a) Deadline for Defendant Michael J. Morrissey to answer or otherwise respond
to the Plaintiffs' "Amended Complaint for Injunctive Relief, Declaratory
Relief and Damages" (the "Amended Complaint") (D.E. 18);
(b) Deadline for Defendant Michael J. Morrissey to reply to "Plaintiffs'
Memorandum in Opposition to Defendant Michael J. Morrissey's Rule 60
Motion for Relief from Court Orders" (D.E. 36);
(c) Deadline for Defendant Michael J. Morrissey to respond to "Plaintiffs'
Renewed Motion for Preliminary Injunction" (D.E. 37);

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(d) Deadline for Plaintiffs to respond to "Defendant Michael Morrissey's Motion
for Leave to Supplement the Record" (D.E. 53);
(e) Deadline for Defendant MB Health Performance, LLC to answer or otherwise
respond to Plaintiffs' Amended Complaint (D.E. 18);
(f) Deadline for Defendant MB Health, LLC to answer or otherwise respond to
Plaintiffs' Amended Complaint (D.E. 18),
BE AND HEREBY ARE STAYED for thirty-three (33) days, through and including
Monday, September 22, 2014.
It is THEREFORE, ORDERED that the Joint Motion to Stay Pending Settlement
Discussions is GRANTED.
SO ORDERED.

Signed: August 21, 2014

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