Opinion
2:22-cv-1640-GMN-VCF
10-06-2022
ARTOSS, INC., Plaintiff, v. ARTOSS GmbH, THOMAS GERBER and WALTER GERIKE, Defendants.
Jason D. Smith, Esq. Whitney J. Barrett, Esq. Santoro Whitmire Christiansen Trial Lawyers MARC J. PERNICK, ESQ. Mauriel Kapouytian Woods Gerald H. Fornwald Chelsea A. Ahmann Cianna G. Halloran Winthrop & Weinstine, P.A. Kelly A. Green Smith Katzenstein & Jenkins LLP
(Master case pending in District of Delaware, Case No. 1:20-cv-00741-RTD)
Jason D. Smith, Esq.
Whitney J. Barrett, Esq.
Santoro Whitmire
Christiansen Trial Lawyers
MARC J. PERNICK, ESQ.
Mauriel Kapouytian Woods
Gerald H. Fornwald
Chelsea A. Ahmann
Cianna G. Halloran
Winthrop & Weinstine, P.A.
Kelly A. Green
Smith Katzenstein & Jenkins LLP
STIPULATION AND ORDER TO WITHDRAW WITHOUT PREJUDICE ARTOSS GmbH'S EMERGENCY MOTION TO COMPEL DEPOSITION OF MPA CONSULTING, LLC AND MOTION FOR SANCTIONS
WHEREAS ARTOSS GmbH filed an Emergency Motion to Compel Deposition of MPA Consulting, LLC (“MPA”) and Motion for Sanctions (the “Motion”) (ECF Nos. 1, 2) on September 27, 2022;
WHEREAS, on September 29, 2022, the Court ordered a briefing schedule for the Motion and a hearing on the Motion that is set to take place on October 11, 2022 (ECF No. 22);
WHEREAS ARTOSS GmbH and MPA have, since the Motion was filed, continued to meet and confer regarding the relief sought by ARTOSS GmbH in the Motion;
WHEREAS ARTOSS GmbH and MPA have reached a compromise regarding the relief sought by ARTOSS GmbH in the Motion; and
WHEREAS the parties agree that, until the deposition of MPA is completed, the Court should retain jurisdiction over this matter for purposes of resolving any disputes regarding compliance or enforcement relating to the deposition of MPA;
IT IS HEREBY STIPULATED AND AGREED between ARTOSS GmbH and MPA that:
1. ARTOSS GmbH agrees to withdraw the Motion without prejudice. The dates set by the Court in its September 29, 2022 Order (ECF No. 22) may be vacated.
2. For purposes of resolving any disputes that may arise with respect to compliance or enforcement relating to ARTOSS GmbH's deposition of MPA, this matter remains open.
3. ARTOSS GmbH and MPA each reserve all their rights and defenses with respect to this matter and the Motion.
IT IS SO ORDERED:
IT IS HEREBY ORDERED that the video conference hearing scheduled for 10:00 AM, October 11, 2022, is VACATED.