Filed: Sep. 04, 2014
Latest Update: Sep. 04, 2014
Summary: JOINT CASE MANAGEMENT CONFERENCE STATEMENT AND [PROPOSED] ORDER JOSEPH C. SPERO, Magistrate Judge. The parties in the above-entitled action jointly submit this Case Management Statement and request that the Court adopt it as its Case Management Order in this case. Status of Settlement On February 28, 2014, the parties appeared before Magistrate Judge Laurel Beeler for a settlement conference. With the able assistance of Magistrate Beeler, the parties reached a settlement. See Februa
Summary: JOINT CASE MANAGEMENT CONFERENCE STATEMENT AND [PROPOSED] ORDER JOSEPH C. SPERO, Magistrate Judge. The parties in the above-entitled action jointly submit this Case Management Statement and request that the Court adopt it as its Case Management Order in this case. Status of Settlement On February 28, 2014, the parties appeared before Magistrate Judge Laurel Beeler for a settlement conference. With the able assistance of Magistrate Beeler, the parties reached a settlement. See Februar..
More
JOINT CASE MANAGEMENT CONFERENCE STATEMENT AND [PROPOSED] ORDER
JOSEPH C. SPERO, Magistrate Judge.
The parties in the above-entitled action jointly submit this Case Management Statement and request that the Court adopt it as its Case Management Order in this case.
Status of Settlement
On February 28, 2014, the parties appeared before Magistrate Judge Laurel Beeler for a settlement conference. With the able assistance of Magistrate Beeler, the parties reached a settlement. See February 28, 2014 Minute Order [Document 56].
Since that time, another suit was filed relating to the underlying incident — a suit filed by the decedent's great aunt, Dolores Piper. See Piper v. Joshua Cabillo, NDCA Case No. CV 14-2579. Defendant Officer Joshua Cabillo filed a motion to dismiss the Piper lawsuit [Document No. 9] and plaintiffs herein filed a motion to enforce the settlement reached in this case [Document No. 74]. Plaintiffs' motion is currently scheduled to be heard on September 19, 2014. Defendants filed opposition to plaintiffs' motion on the grounds that the settlement was contingent on a global settlement of all claims and that the Piper litigation needed to be resolved before the settlement with plaintiffs could be finalized.
On September 2, 2014, the Court dismissed the Piper lawsuit with prejudice [Document No. 14]. Judgment was entered in favor of Officer Cabillo in the Piper case on September 3, 2014 [Document No. 15].
In light of the dismissal of the Piper lawsuit, counsel for the parties herein has been in contact to finalize the settlement. The parties fully expect the settlement to be completed and dismissal entered within the next two weeks (prior to the hearing on plaintiffs' motion to enforce the settlement).
The parties respectfully request that the Case Management Conference scheduled for September 5, 2014 be continued 14 days to permit the filing of a request for dismissal in advance of the September 19th hearing.
CASE MANAGEMENT ORDER
The Case Management Statement and Proposed Order is hereby adopted by the Court as the Case Management Order for the case and the parties are ordered to comply with this Order. This case will be scheduled for a further case management conference, if necessary, on __________,09/19 2014. at 2:00 P.M.
