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It's All Wireless, Inc. v. Woot, Inc.

United States District Court, E.D. Pennsylvania

February 12, 2014

IT'S ALL WIRELESS, INC. t/a PRO MOBILE GEAR, Plaintiff,
v.
WOOT, INC. et al., Defendants.

ORDER

CYNTHIA M. RUFE, Judge.

AND NOW, this 12th day of February 2014, upon consideration of the pending motions and the responses thereto, and for the reasons explained in the attached Memorandum Opinion, it is hereby ORDERED that:

1. Plaintiff's Emergency Motion to Compel Discovery [Doc. No. 111] is DENIED.

2. Plaintiff's Motion for Leave to File Second Amended Complaint [Doc. No. 112] is DENIED.

3. Defendant's Cross-Motion to Dismiss, or in the Alternative, its Opposition to Plaintiff's Emergency Motion to Compel Discovery and Cross-Motion for a Protective Order [Doc. No. 115] is GRANTED as follows: All of Plaintiff's affirmative claims are DISMISSED WITH PREJUDICE. The only remaining claims in this litigation are Woot's counterclaims.

4. The parties shall submit to the Court within seven days a joint status report with a statement as to whether they believe a settlement conference before a magistrate judge, mediation under Local Civil Rule 53.3, or some other form of alternative dispute resolution might be of assistance in resolving the counterclaims, or whether the parties would consent to binding arbitration. In the event that the parties do not agree to binding arbitration or mediation, they shall provide the Court with a joint proposed schedule for trial.

It is so ORDERED.


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