JOINT STATUS REPORT PURSUANT TO ECF NO. 80

GEORGE FOLEY, JR., Magistrate Judge.

Pursuant the Court's order dated September 21, 2018 (ECF No. 80), Plaintiff Nelson Martinez, solely in his capacity as the representative for the former members of Ingenuity Sun Media, LLC, Counter-Defendant Nelson Martinez, in his individual capacity, and Defendant/Counterclaim-Plaintiff ISM Connect, LLC F/K/A Data Transfer, LLC submit the following status report regarding the parties' settlement discussions.

As reported to the Court previously (ECF 79), the attempted settlement framework for this case is complex because it relates not only to the litigation before this Court, but also matters pending before the United States District Court for the District of New Jersey and the Superior Court of New Jersey, and involves parties that are not presently before this Court. Without the cooperation of those parties, a global settlement of the type contemplated is not possible. Thus, although the parties worked diligently to reach agreement, settlement is not possible at this time.

Although the parties have exchanged paper discovery, including the exchange of documents and written responses to interrogatories, some outstanding issues and non-party discovery and subpoenas remain outstanding, as well as at least ten depositions that must be conducted. The parties had previously scheduled those depositions to occur in August and early September, but instead have focused their efforts on settlement for the past two months. As a result, the parties request that the Court set new scheduling deadlines as set forth in the accompanying Stipulation and Order to Amend Discovery Plan and Scheduling Order.

ORDER

IT IS SO ORDERED.