Opinion
No.: 05-2689-JDB-sta.
October 4, 2005
Paul Berry Cooper, DEAL COOPER HOLTON, PLLC, Memphis, TN, Counsel for Plaintiffs.
DeWitt M. Shy, Jr., Mary A. Hale, BURCH, PORTER JOHNSON, PLLC, Memphis, Tennessee, Counsel for St. Jude Medical, Inc., St. Jude Medical S.C., Inc., St. Jude Medical ATG, Inc., Robert P. Lenahan, Jr., Luis Bonilla, M.D. and Stacy Sanford.
Charles C. Harrell, Elizabeth E. Chance, BUTLER, SNOW, O'MARA, STEVENS CANNADA PLLC, Crescent Center, Suite, Memphis, Tennessee, Counsel for Methodist Healthcare Memphis Hospitals.
AGREED ORDER STAYING CASE
The parties, by and through their respective counsel, have requested that the Court stay the proceedings in this action, having stipulated and agreed as follows:
The parties have been involved in extensive settlement negotiations and have been diligently pursuing non-judicial resolution of this case. Presently, the parties have reached an agreement in principle to resolve this matter in its entirety.
Because they are close to reaching a mutually agreeable resolution of this matter, the parties do not believe that further judicial proceedings are currently necessary, and wish to conserve the time and resources of this Court.
The parties agree that the most efficient case management plan would be to stay these proceedings for thirty days to afford sufficient time to draft and execute settlement agreements.
Based upon the facts set forth above and desiring to make efficient use of judicial resources, the parties hereby stipulate as follows:
That this action be stayed for thirty days from the date this Order is entered pending resolution of this matter;
That all dates on which responsive pleadings are due, dates on which responses to pending motions are due, all discovery dates, all status conference dates, and all other hearing dates previously set are extended for thirty days;
That when a final settlement is reached, the parties will notify this Court immediately and request a stipulated dismissal of this action with prejudice;
That if the parties are unable to resolve this matter within the thirty-day stay period, they will promptly notify the Court; and
That signatures to this Stipulation transmitted by facsimile shall have the same force and effect as original signatures.
Having considered the above-stated recitals, and good cause appearing:
IT IS ORDERED that this action is STAYED for thirty days to afford sufficient time to conclude settlement negotiations and to effect the anticipated settlement.
IT IS FURTHER ORDERED that all dates on which responsive pleadings are due, dates on which responses to pending motions are due, all discovery dates, all status conference dates, and all other hearing dates previously set are extended for thirty days.
IT IS SO ORDERED.