Hafco Foundry and Machine Company, Incorporated v. GMS Mine Repair and Maintenance, Inc.

Filing 121

MEMORANDUM OPINION AND ORDER granting the 115 JOINT MOTION by GMS Mine Repair and Maintenance, Inc., Hafco Foundry and Machine Company, Inc. to Stay Pending Appeal. In granting this motion, the court expresses no opinion on whether its Memorandum Opinion and Order dated 3/30/2018, ECF No. 99, is an appealable order. Signed by Senior Judge David A. Faber on 6/26/2018. (cc: attys) (mk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BLUEFIELD
HAFCO FOUNDRY AND MACHINE
COMPANY, INCORPORATED,
Plaintiff,
v.

CIVIL ACTION NO. 1:15-16143

GMS MINE REPAIR AND
MAINTENANCE, INC.,
Defendant.
MEMORANDUM OPINION AND ORDER
Pending before the court is the parties’ joint motion to
stay pending appeal.

(ECF No. 115).

Defendant has filed an

appeal with the United States Court of Appeals for the Federal
Circuit seeking review of this court’s orders granting
plaintiff’s motion for a permanent injunction and denying
defendant’s motion for judgment as a matter of law and denying in
part and granting in part defendant’s motion for a new trial.
The court granted defendant’s motion insofar as it requested a
new trial on damages.

The parties ask the court to put the new

trial on damages on hold pending resolution of the appeal
because, according to them, if defendant prevails on appeal, it
would make more sense to retry the whole matter at once.
Based on the foregoing, the parties’ joint motion to stay
is GRANTED, this matter is STAYED pending resolution of the
appeal, and the Clerk is directed to remove this matter from the

court’s active docket.

In granting this motion, the court

expresses no opinion on whether the its Memorandum Opinion and
Order dated March 30, 2018, ECF No. 99, is an appealable order.
The Clerk is directed to send copies of this Memorandum
Opinion and Order to counsel of record.
IT IS SO ORDERED this 26th day of June, 2018.
ENTER:

David A. Faber
Senior United States District Judge

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