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AnonymousInactivehttp://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 -
AuthorMay 10, 2010 at 10:15 AM
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