Gibson Guitar Corporation v. Wal-Mart Stores, Inc. et al

Filing 133

ORDER: The parties' joint stipulation to stay proceedings and to continue status conference 132 is deemed to be a joint motion to stay proceedings and to continue the case management conference, scheduled by order entered 12/14/2009 131 , and , as such, the motion is GRANTED. The stay of proceedings is REINSTATED and the proceedings in this case shall be STAYED through 3/31/2010. The 1/6/2010, case management conference is CANCELLED, and will be rescheduled by further order as provided within this order. Signed by Magistrate Judge Juliet E. Griffin on 12/21/09. (dt)

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION GIBSON GUITAR CORPORATION ) ) v. ) ) WAL-MART STORES INC.; TARGET ) CORPORATION; KMART ) CORPORATION; SEARS, ROEBUCK & ) CO.; AMAZON.COM,INC.; ) GAMESTOP CORPORATION; ) TOYS-R-US, INC.; HARMONIX ) MUSIC SYSTEMS, INC.; VIACOM ) INTERNATIONAL INC.; and ) ELECTRONIC ARTS, INC. )

No. 3-08-0279

ORDER The parties' joint stipulation to stay proceedings and to continue status conference (Docket Entry No. 132) is deemed to be a joint motion to stay proceedings and to continue the case management conference, scheduled by order entered December 14, 2009 (Docket Entry No. 131), and, as such, the motion is GRANTED. The stay of proceedings is REINSTATED and the proceedings in this case shall be STAYED through March 31, 2010.1 However, the parties shall continue settlement discussions and engage in any mutually agreeable activities that could make such discussions more productive. The January 6, 2010, case management conference is CANCELLED, and will be rescheduled by further order as provided below. By April 7, 2010, the parties shall file a joint statement advising whether or not a settlement has been reached and, if so, whether it is a settlement of all claims in this case, and when an agreed order or stipulation of dismissal will be filed, and if not, whether they believe any potential for

All proceedings in this case were stayed by order entered August 8, 2008 (Docket Entry No. 97). Upon the defendants' motion to lift the stay (Docket Entry No. 125), and the plaintiff's agreement, see Docket Entry No. 130, the stay was lifted by order entered December 14, 2009 (Docket Entry No. 131).

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settlement remains, and whether the parties want to participate in a settlement conference or other form of ADR. If a settlement has not been reached and the parties want to participate in a settlement conference, a telephone conference call with counsel for the parties and the Court will be scheduled to address scheduling a settlement conference. If a settlement has not been reached and the parties do not want to participate in a settlement conference, the case management conference will be rescheduled to address the remaining progression of the case. It is so ORDERED.

JULIET GRIFFIN United States Magistrate Judge

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