Professional Documents
Culture Documents
Plaintiff Graceland College Center for Professional Development and Lifelong Learning,
Inc., d/b/a SkillPath (SkillPath or Plaintiff") hereby moves this Court for its order staying
proceedings in this case pending the parties finalization of their agreement to compromise. In
1. SkillPath filed its Complaint on June 22, 2005, and Defendants responded by filing a
2. The parties agreed to, and this Court ordered, an extension of time for the Plaintiff to
respond to the Defendants Motion to Dismiss, and the parties agreed to and the Court granted leave
3. Subsequently, the Plaintiff filed and served its Amended Complaint, and Defendants
re-filed their Motion to Dismiss on December 6, 2005 (Docket No. 31). Plaintiff sought and obtained
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4. From December of 2005 through the end of January of 2006, the parties engaged in
5. The parties agreed to the terms of that arrangement, and Plaintiffs counsel provided a
6. Late in the day on February 13, two days prior to the Courts deadline for the Plaintiff
to respond to the Defendants Motion to Dismiss, Defendants counsel notified Plaintiffs counsel
that the Defendants had new, material information that compromised the terms of the arrangement to
which the parties had agreed. In particular, Defendants counsel told Plaintiffs counsel that the
Defendant had encumbered funds the Defendant agreed would be available to the Plaintiff by
responded to the proposed agreement with revisions and comments. Most of the revisions are not
objectionable, but the Plaintiff has not had an opportunity to address the new information about the
encumbrances on Defendants funds and another new issue regarding use of certain trademarks,
8. The parties are very close to a dismissal of this case without prejudice.
9. Plaintiffs counsel has consulted with Defendants counsel, and Defendants counsel
has indicated that the Defendants do not oppose the Court granting more time for the parties to
For the reasons set forth herein, SkillPath respectfully requests that the Court to stay these
proceedings until such time as the parties are able to finalize their agreement to dismiss this case,
which finalization SkillPath does not anticipate will take longer than two weeks, and for such other
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CERTIFICATE OF SERVICE
I hereby certify that on February 15, 2006, I filed the foregoing document with the Clerk
of the Court, using the ECF system, which delivered copies via email to the following:
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