Filed: Jun. 02, 2016
Latest Update: Jun. 02, 2016
Summary: STIPULATION AND ORDER TO WITHDRAW PENDING MOTION FOR SANCTIONS AND MOTION TO DISMISS AND REQUEST FOR MANDATORY SETTLEMENT CONFERENCE TROY L. NUNLEY , District Judge . Plaintiff GERALD KNIGHTEN and Defendants CITY OF ANDERSON, the CITY OF ANDERSON POLICE DEPARTMENT, and MICHAEL JOHNSON (hereafter "CITY Defendants"), and SEAN MILLER, by and through their respective counsel of record, hereby stipulate to, and respectfully request, that CITY Defendants' Motion for Sanctions For Violations of Co
Summary: STIPULATION AND ORDER TO WITHDRAW PENDING MOTION FOR SANCTIONS AND MOTION TO DISMISS AND REQUEST FOR MANDATORY SETTLEMENT CONFERENCE TROY L. NUNLEY , District Judge . Plaintiff GERALD KNIGHTEN and Defendants CITY OF ANDERSON, the CITY OF ANDERSON POLICE DEPARTMENT, and MICHAEL JOHNSON (hereafter "CITY Defendants"), and SEAN MILLER, by and through their respective counsel of record, hereby stipulate to, and respectfully request, that CITY Defendants' Motion for Sanctions For Violations of Cou..
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STIPULATION AND ORDER TO WITHDRAW PENDING MOTION FOR SANCTIONS AND MOTION TO DISMISS AND REQUEST FOR MANDATORY SETTLEMENT CONFERENCE
TROY L. NUNLEY, District Judge.
Plaintiff GERALD KNIGHTEN and Defendants CITY OF ANDERSON, the CITY OF ANDERSON POLICE DEPARTMENT, and MICHAEL JOHNSON (hereafter "CITY Defendants"), and SEAN MILLER, by and through their respective counsel of record, hereby stipulate to, and respectfully request, that CITY Defendants' Motion for Sanctions For Violations of Court Orders (Court's Docket No. 22) and Motion to Dismiss (Docket No. 23) be withdrawn and the Court order the parties to attend a settlement conference. Should this case not resolve at the settlement conference, CITY Defendants will thereafter re-file both motions.1
WHEREAS:
1. The parties would like to attend a settlement conference, preferably with Magistrate Judge Kellison, before incurring additional time and expenses on CITY Defendants' pending Motion for Sanctions and Motion to Dismiss;
2. In order to provide the best opportunity to settle this case, the parties agree that it is important to minimize additional costs and attorney's fees to the extent possible so that they can attempt to resolve this case at a settlement conference;
3. The Court has not yet issued a Scheduling Order in this case, thus providing the parties time to attempt to resolve this case at a settlement conference before incurring additional law and motion expenses will not result in the rescheduling of any pretrial or trial deadlines.
The parties therefore request that the Court schedule a settlement conference with Judge Kellison for a date that is convenient for the Court's and counsel's calendar. The parties also request that CITY Defendants' Motion for Sanctions For Violations of Court Orders (Court's Docket No. 22) and Motion to Dismiss (Docket No. 23) be deemed withdrawn and that said motions can be re-filed should this case not resolve at the settlement conference.
ORDER
GOOD CAUSE APPEARING, CITY Defendants Motion for Sanctions For Violations of Court Orders (Court's Docket No. 22) and Motion to Dismiss (Docket No. 23) are hereby withdrawn. The parties are ordered to attend a mandatory settlement conference with Magistrate Judge Kellison on August 04, 2016____ at ___9:30 a.m.____. Should this case not resolve at the mandatory settlement conference, CITY Defendants can thereafter re-file both motions.
