Filed today at PACER (Public Access to Court Electronic Records was Document 70 -“Joint Stipulation To Extend Deadline to File Discovery Motions”. The document reveals that the two parties engaged in settlement negotiations from on or about October 7, 2008, through mid-November (last week?) when discussions faltered and the parties were unable to resolve the matter.
In the meantime, discovery and depositions were delayed and so this Stipulation, agreed to by both parties, will extend the deadline to file discovery motions by 2 weeks, from December 1st to December 15th, 2008.
From what it sounds like in reading this document, maybe Koury engaged in settlement discussions, as it reads “as a good faith sign of encouraging settlement discussions, the parties agreed to delay Life Paint’s response to this Joint Stipulation until further determination of settlement discussions between the parties.” I would take that as a sign of Koury extending that agreement to delay as the ball was in Life Paint’s court to file their response…
From everything I see and hear, the case is looking pretty strong for Life Paint, so they probably don’t feel as much pressure to settle this case as Koury would.