Filed: May 05, 2014
Latest Update: May 05, 2014
Summary: STIPULATION AND ORDER TO REFER CASE TO MAGISTRATE JUDGE FOR SETTLEMENT CONFERENCE AND TO EXTEND TIME UNDER FED.R.CIV.P. RULE 12(F) LAWRENCE K. KARLTON, District Judge. TO THE CLERK OF THE ABOVE-ENTITLED COURT AND TO ALL PARTIES AND TO THEIR RESPECTIVE ATTORNEYS OF RECORD: STIPULATION WHEREAS, the parties to this stipulation want to make best efforts to settle this case without unnecessary litigation; WHEREAS, the parties conducted a Fed.R.Civ.P. 34 site inspection on April 7, 2014 and are
Summary: STIPULATION AND ORDER TO REFER CASE TO MAGISTRATE JUDGE FOR SETTLEMENT CONFERENCE AND TO EXTEND TIME UNDER FED.R.CIV.P. RULE 12(F) LAWRENCE K. KARLTON, District Judge. TO THE CLERK OF THE ABOVE-ENTITLED COURT AND TO ALL PARTIES AND TO THEIR RESPECTIVE ATTORNEYS OF RECORD: STIPULATION WHEREAS, the parties to this stipulation want to make best efforts to settle this case without unnecessary litigation; WHEREAS, the parties conducted a Fed.R.Civ.P. 34 site inspection on April 7, 2014 and are ..
More
STIPULATION AND ORDER TO REFER CASE TO MAGISTRATE JUDGE FOR SETTLEMENT CONFERENCE AND TO EXTEND TIME UNDER FED.R.CIV.P. RULE 12(F)
LAWRENCE K. KARLTON, District Judge.
TO THE CLERK OF THE ABOVE-ENTITLED COURT AND TO ALL PARTIES AND TO THEIR RESPECTIVE ATTORNEYS OF RECORD:
STIPULATION
WHEREAS, the parties to this stipulation want to make best efforts to settle this case without unnecessary litigation;
WHEREAS, the parties conducted a Fed.R.Civ.P. 34 site inspection on April 7, 2014 and are in the process of exchanging additional information that may facilitate settlement in this case;
WHEREAS, plaintiff Guy Jones' deadline for filing a motion under Fed.R.Civ.P. 12(f) to strike defenses from the Answers of defendants James E. Bunnell dba Jamie's Bar & Grill and AKFM Holdings, LLC is May 2, 2014 (Docket No. 22);
WHEREAS, the parties have tried unsuccessfully to resolve their disputes over the Answers informally. However, they wish to avoid the necessity of plaintiff filing a Fed.R.Civ.P. 12(f) motion until/unless continued settlement efforts do not succeed; THEREFORE:
IT IS HEREBY STIPULATED by and among all parties: (1) that this case be referred to a Magistrate Judge for an early settlement conference; and (2) that the deadline for plaintiff to file any motion under Fed.R.Civ.P. 12(f) be extended to 30 days past the date the parties participate in a settlement conference with an assigned Magistrate Judge. It is also stipulated that a) the parties shall meet and confer within 7 days after the settlement conference; b) that defendants shall thereafter be allowed an opportunity to voluntarily amend their respective Answers prior to plaintiff filing any Rule 12(f) motion; c) that any amended Answer shall be filed no later than 7 days after the parties meet and confer.
ORDER
Pursuant to the stipulation of the parties and for good cause shown, it is hereby ORDERED that this case shall be referred to Magistrate Judge Allison Claire for an early settlement conference. Also for good cause shown, it is hereby ORDERED that the deadline for plaintiff to file any motion under Fed.R.Civ.P. 12(f) be extended to 30 days past the date the parties participate in a settlement conference with Magistrate Judge Claire. The parties shall meet and confer within 7 days after the settlement conference. Defendants shall thereafter be allowed an opportunity to voluntarily amend their respective Answers prior to plaintiff filing any Rule 12(f) motion, and any amended Answer shall be filed no later than 7 days after the parties meet and confer. The settlement conference is set for August 14, 2014 at 9:00 a.m. The parties are directed to submit confidential settlement conference statements to chambers not later than seven (7) days prior to the settlement conference. Such statements are neither to be filed with the clerk nor served on opposing counsel. However, each party shall e-file a one page document entitled Notice of Submission of Confidential Settlement Conference statement. The parties may agree, or not, to serve each other with the settlement statements. Each party is reminded of the requirements that it be represented in person at the settlement conference by a person able to dispose of the case or fully authorized to settle the matter at the settlement conference on any terms. See Local Rule 270.
