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- njd;;1:17-cv-01767_de102 RegisterActionDate "2021-01-15" @default.
- njd;;1:17-cv-01767_de102 RegisterActionDescriptionText "TEXT ORDER. This matter comes before the Court upon a letter by counsel for Defendant Ocean State Jobbers, Inc. requesting an order allowing it to donate the pans to a charity group. Plaintiff`s Tristar Products, Inc. opposition is confounding. Plaintiff`s statement that ``Should Defendant wish to donate the pans at this time, Plaintiffs again invite settlement discussions to resolve the claims in this lawsuit,`` is very troubling. This statement may be construed to mean that Plaintiff will continue to force a financial burden on the Defendant (the cost of storage) unless it settles the case. The Court does not conduct business in this manner. The evidence presently before the Court is that it is undisputed that not one of the 836 pans contains the Copper Chef logo. This evidence appears to be consistent with Ocean State`s express instruction to Tristar`s disgruntled manufacturer that any logo be removed. Moreover, the evidence before the Court appears to be that there is no genuine dispute that the manufacturer removed the logo before the shipment of 2,764 pans in December 2016. (Tristar`s assertion that there were later shipments appears to be highly speculative, unsupported by the record.) Thus, the case seems to boil down to perhaps a dispute about one pan with the Copper Chef logo - a fact Tristar disputes - currently in the possession of counsel for Tristar. As for the remaining 1,928 pans, it does not appearTristar has presented any evidence to dispute its own manufacturer that it removed the logos as Ocean State had requested. This is all to say that the Court can find no compelling reason why the 836 pans need to be stored any further. IT IS HEREBY ORDERED that either Tristar accept delivery of the pans within 7 days of this Order or the Court will enter an Order permitting Ocean State to donate them to a charity group. Finally, the Court observes that it will resolve the pending motions as soon as practicable but may wish to resolve initially the issue as to what evidence would be permitted to go before the jury in terms of damages (assuming liability), e.g., one pan or more. Resolution of this issue first may, in fact, assist the parties in their settlement discussions. The parties should be prepared to discuss this matter and offer suggestions to the Court as to how to best accomplish that. So Ordered by Judge Renee Marie Bumb on 1/15/21. (Bumb, Renee) (Entered: 01/15/2021)" @default.
- njd;;1:17-cv-01767_de102 AdministrativeID "81" @default.