JOINT STATUS REPORT RE: PENDING SETTLEMENT MATTERS AND POTENTIAL CASE CONCLUSION

CAM FERENBACH, Magistrate Judge.

The above parties through their respective counsels for record hereby submit the following joint interim status report and order to update the Court on the status of recent case developments, including potential settlement and a stay of all dispositive motions pending completion of settlement agreement.

I. CASE POSTURE

A. Status of Pending Motions

This case is currently in the dispositive motion phase, and there are three (3) motions currently before the Court. They are:

The motion to dismiss second amended complaint has been fully briefed and is pending before the Court. By contrast, both the motion for summary judgment and the motion for spoliation of evidence sanctions are in the briefing stage, and are not yet ripe for consideration by the Court.

An Interim Status Report was filed with the Court on December 15, 2016 (Dkt. #107). The parties indicated three (3) potential trial dates between September and October, 2017, however to date no trial date has been set. This is very likely in large part to the outstanding discovery matters that we have been outlined in detail in the Joint Status Report Regarding Outstanding Discovery Matters on August 8, 2017 (Dkt. #155). The outstanding discovery matters also contributed to the extensions of time granted by the Court in responding to Green Tree Defendants' Motion for Summary Judgment. An Order Granting the Third Extension of Time to Respond to the Motion for Summary Judgment was entered by the Court on October 10, 2017. (Dkt. #163). This extension provided for Plaintiffs' response to be filed by October 16, 2017. Id.1 These aforementioned discovery matters also formed the basis of Plaintiffs' motion for spoliation of evidence sanctions. (Dkt. #161).

B. Agreement to Stay of Dispositive Motions

By October 13, 2017, the parties were engaged in serious settlement discussions that carried over into the weekend. On October 16, 2017, the parties reached and preliminary agreement in principle as to the amount of settlement that would resolve the lawsuit as to all parties. There are still several material terms and conditions of this potential settlement that need to be resolved before a formal agreement can be reached. The parties are currently working towards resolving these remaining material and principle terms. To that end, the parties have agreed to a general stay of thirty (30) days with respect to all dispositive motions in order to focus on completing a settlement agreement.

This agreement to stay responses to dispositive motions includes: 1) Plaintiffs' response to Green Tree Defendants' motion for summary judgment as well as Green Tree Defendants' Reply; and 2) all Defendants' response to the motion for spoliation of evidence sanctions as well as Plaintiffs' Reply2.

II. REQUEST FOR STAY AND STATUS HEARING

Pursuant to the efforts outlined above by all parties to resolve this matter completely, they request the Court issue a stay of thirty (30) days on responses and replies to all dispositive motions so that a complete settlement can be reached. The remaining issues involve material terms between Plaintiffs and Defendant Obteen Nassiri, that if reached, would conclude this litigation as to all Defendants (including the Green Tree Defendants). The parties believe that these remaining terms and conditions can be reached by and between the parties directly with no need for mediation, settlement conference or other form of alternative dispute resolution.

The parties also request a thirty (30) day status report from today to inform and advise the Court on the status of this preliminary settlement agreement. While the parties are hopeful that settlement can be completed and terms agreed to, they also understand that as of yet there is still work to do and there is always the possibility that a final agreement as to material terms may not be reached. In the event that this unlikely scenario occurs, the parties can report to the Court that settlement could not be reached and present briefing/response deadlines so that the pending motions can be reinstituted. If a full agreement is reached and executed, then the parties can so report in that supplemental status report.

III. CONCLUSION

The parties hereby request a 30-day stay of all dispositive motions pending the completion of settlement discussions between the parties to come to a final resolution of this litigation. The parties request an Order for a supplemental status report to be filed with the Court within 30 days to advise whether a full and complete settlement has been reached.

In the event settlement is not reached, the dates shall be issued for the completion of the briefing of the pending dispositive motions.

IT IS SO ORDERED.

IT IS HEREBY ORDERED that a status hearing is scheduled for 11:00 AM, November 27, 2017, in courtroom 3D.