Macy's/Martha/JCP case ordered into mediation
Trial will resume in April
HTT Staff -- Home Textiles Today, 3/8/2013 8:17:49 AM
New York - The judge in Macy's lawsuit against Martha Stewart Living Omnimedia and JCPenney has ordered the parties into mediation to attempt to resolve their contract dispute, according to several news accounts.
During the trial, which began two weeks ago, Macy's ceo Terry Lundgren testified he and Stewart had not spoken since December 2011, when Stewart called to tell him her company had contracted with JCP for a home shop-in-shop. Lundgren said he hung up on her. In an appearance on the Today Show two days ago, Stewart said Lundgren had refused any further contact.
Reuters reports Justice Jeffrey Oing of New York State Supreme Court adjourned the trial yesterday due to attorney scheduling conflicts and will take up the case again in April. In the meantime, he ordered the parties to try to work something out.
Oing yesterday said he "would have no problem deciding this case," and that "not everybody's going to be happy about it," according to the New York Post.
"I still believe we live in a free-market society and the best decisions are made by the business people," the newspaper quoted Oing telling the courtroom.
MSLO told Reuters that Stewart held a "productive conversation" yesterday with Lundgren prior to the mediation order. "We view today's actions as a positive step forward," MSLO said in a statement. Reuters said Macy's had no comment.
The delay of trial, and judge ordered mediation is a very good opportunity for Ron Johnson/JC Penney, and Martha Stewart/Martha Stewart Living Omnimedia to appease Terry Lundgren/Macy's, and hopefully negotiate a settlement without going to trial. It appears the judge is being very fair in granting the opportunity, and hoping the parties will be able to settle their differences. This battle between retailing titans each vying for Martha Stewart has to make Ms. Stewart feel loved, appreciated, and wanted; and isn't that what we all want in life too? In Donald Trump's book, "The Art of the Deal", Mr. Trump states, that all publicity is good even bad publicity, and it appears to have worked out well for Mr. Trump. Although I have my doubts, that the parties will be able to agree to terms before trial; I do hope in the end it works out well for all the parties involved in this case. If this case goes to trial I could be wrong, but I see Macy's winning, and more bad news for JC Penney with the judge issuing an injunction, so I hope all the parties settle before trial.Alan Lloyd - 2013-03-08 12:04:04 EST
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