Some things we just aren’t meant to understand; and the joint motion and joint stipulations filed in the Renfroe-Rigsby Alabama case must be among them – Lord knows I’ve tried!
First, the two parties filed a Joint motion to continue pre-trial conference and set briefing schedule.
The Court has previously granted summary judgment in favor of Plaintiff, E. A. Renfroe & Company, Inc., (“Renfroe”) on Defendants’ liability for breach of contract, set the issue of damages on the contract claim for trial and set a pretrial conference for January 15, 2009.
Having agreed that the remaining issues may be resolved by motions without trial, the parties jointly request that the pretrial conference be continued and a briefing schedule be ordered.
The parties have stipulated that the damage issues can be most efficiently adjudicated by motion without need for trial. The parties waive their rights to a trial on damages under the contract claim and stipulate to have the issues of Renfroe’s entitlement to recovery decided on motions.
Renfroe and Rigsby made that stipulation and more in Joint stipulations of the parties filed with the motion. The document repeats the stipulation the damage issue can be resolved by motions and adds: