NUKOTE & OFFICE DEPOT PRESENTLY IN MEDIATION …..

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NUKOTE & OFFICE DEPOT PRESENTLY IN MEDIATION …..

 user 2010-05-10 at 10:15:30 am Views: 113
  • #24032
    http://www.opi.net/main_story/depot_and_nukote_to_mediate_dispute?SQ_ACTION=login&
    NUKOTE & OFFICE DEPOT PRESENTLY
    IN MEDIATION

    Office Depot and its
    former private label toner and cartridge supplier Nukote are to attempt
    to settle their legal dispute in mediation.In September 2009, Nukote
    filed a lawsuit against Office Depot claiming $217 million in damages
    for what it called “intentional and malicious acts” by its former
    customer that breached a binding contract between the two parties and
    forced Nukote to file for Chapter 11 bankruptcy protection.It also made a
    number of other serious allegations against Office Depot, including the
    inappropriate booking by Office Depot of an unearned credit of
    $900,000.Depot has constantly denied Nukote’s claims, stating that the
    supplier “made numerous scandalous allegations which lacked any merit”
    and maintains that Nukote breached its contract and actually owes Office
    Depot money.Now the two parties have agreed to try and settle their
    dispute out of court in a non-binding mediation process.

    However,
    there is still disagreement about which party instigated the mediation
    process.

    According to Office Depot, it filed a motion to dismiss
    Nukote’s lawsuit which was scheduled to be heard by a court on 28 April
    2010. Among other things Depot was claiming that Nukote had breached the
    parties’ original contract by filing a lawsuit prior to participating
    in non-binding mediation, which it says was a specific contractual
    requirement.Depot states that just days prior to the motion to dismiss
    being heard by the court, Nukote approached Office Depot and offered to
    dismiss the matter without prejudice in return for Office Depot now
    agreeing to mediate the matter. To this end, Depot adds, Nukote
    voluntarily dismissed the lawsuit on 27 April.

    Nukote has a
    different version of events.

    Spokesman Russell Mack told opi.net
    that it would be “inaccurate” to say that the lawsuit had been
    “dismissed”.“Office Depot requested that the two parties mediate the
    dispute before continuing with the litigation, and so we have agreed to
    mediate,” stated Mack.“If the dispute is not resolved in mediation,
    Nukote intends to resume the litigation,” he added.Whatever the exact
    sequence of events, the two parties have agreed to try and settle their
    dispute through a mediation process, although any outcome will be
    non-binding.

    However, given that they cannot even agree on the
    exact circumstances surrounding the move to mediation, it does not bode
    well for a successful outcome to the mediation process itself,
    especially given the seriousness of some of the allegations.Nukote said
    that the agreement to mediate with Office Depot did not have any bearing
    on its $100 million lawsuit against Office Depot’s new supplier, Clover
    Technologies.“We are pursuing that lawsuit vigorously,” stated Russell
    Mack