Opinion
Civil Action No. 2:02 CV-0306B.
December 15, 2004
LARRY R. LAYCOCK, ROBYN L. PHILLIPS, L. DAVID GRIFFIN, WORKMAN NYDEGGER, Salt Lake City, UT.
Raymond I. Geraldson, Jr., Joseph N. Welch II, Bradley L. Cohn, PATTISHALL, McAULIFFE, NEWBURY, HILLIARD GERALDSON, Chicago, Illinois. Attorneys for Plaintiffs, BSH Home Appliances Corporation, Kitchen Resource, L.L.C., and Kitchen Specialties, Inc., and Third-Party Defendant Steve Blazer.
HOLME ROBERTS OWEN LLP, Thomas J. Rossa, Salt Lake City, Utah, Attorneys for Defendants Distribution Direct, L.L.C., Alona Electro Co., LTD, Les Black and Lori Leavitt.
ORDER RE DEFENDANTS' MOTION TO ENFORCE SETTLEMENT AND DISMISS CASE
Having reviewed Defendants' Motion to Enforce Settlement and Dismiss Case and upon consideration of the parties' submissions and arguments, and for good cause shown:
IT IS HEREBY ORDERED THAT:
1. Defendants' Motion to Enforce Settlement and Dismiss Case is DENIED. The Court finds that issues of material fact remain on which the parties have not reached an agreement.
2. The Court hereby refers the parties to mediation. The parties have agreed that the present case be referred to Judge David Sam for such mediation. In the event Judge Sam is not available for the mediation, the parties are to work together to agree on another mediator. The parties are to complete mediation prior to a new Scheduling Order being entered in this matter.