Filed: Oct. 10, 2019
Latest Update: Oct. 10, 2019
Summary: NOTICE OF SETTLEMENT STIPULATION AND [PROPOSED] ORDER RE: DEFENDANT'S MOTION TO COMPEL AND MOTION FOR SANCTIONS MAXINE M. CHESNEY , Senior District Judge . Plaintiff Rick Olaguibel ("Plaintiff") and Defendant Lhoist North America of Arizona, Inc. (erroneously sued as Lhoist North America) ("Defendant") have reached a settlement and are working on finalizing a written settlement agreement. Accordingly, the Parties hereby stipulate and request the Court grant the following: 1. The Parties s
Summary: NOTICE OF SETTLEMENT STIPULATION AND [PROPOSED] ORDER RE: DEFENDANT'S MOTION TO COMPEL AND MOTION FOR SANCTIONS MAXINE M. CHESNEY , Senior District Judge . Plaintiff Rick Olaguibel ("Plaintiff") and Defendant Lhoist North America of Arizona, Inc. (erroneously sued as Lhoist North America) ("Defendant") have reached a settlement and are working on finalizing a written settlement agreement. Accordingly, the Parties hereby stipulate and request the Court grant the following: 1. The Parties sh..
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NOTICE OF SETTLEMENT
STIPULATION AND [PROPOSED] ORDER RE: DEFENDANT'S MOTION TO COMPEL AND MOTION FOR SANCTIONS
MAXINE M. CHESNEY, Senior District Judge.
Plaintiff Rick Olaguibel ("Plaintiff") and Defendant Lhoist North America of Arizona, Inc. (erroneously sued as Lhoist North America) ("Defendant") have reached a settlement and are working on finalizing a written settlement agreement. Accordingly, the Parties hereby stipulate and request the Court grant the following:
1. The Parties shall work to finalize a written settlement agreement. The Parties will file a status report with the Court within 60 days if the case has not been dismissed pursuant to the terms of the Parties' settlement agreement.
2. Defendant's motion to compel (ECF No. 42) and motion for sanctions (ECF No. 43), which are currently set for hearing on October 25, 2019, are held in abeyance. In the event the Parties inform the Court that a final settlement agreement could not be reached, the Court will set a new opposition deadline and reschedule the hearing on Defendant's motions. Defendant's right to pursue the matters encompassed by the motions will not be affected or prejudiced by the current October 22, 2019, discovery deadline.
3. In the event the Parties inform the Court that a final settlement agreement could not be reached, the fact discovery deadline for Defendant shall be extended to a reasonable date set by the Court.
IT IS SO STIPULATED.
Dated: October 4, 2019 JACKSON LEWIS P.C.
By: /s/ Scott P. Jang1
Scott P. Jang
Attorneys for Defendants
LHOIST NORTH AMERICA OF
ARIZONA, INC.
Dated: October 4, 2019 RICK OLAGUIBEL
By: /s/ Rick Olaguibel
Proceeding Pro Se
[PROPOSED] ORDER
Pursuant to the Parties' stipulation, and good cause appearing, the Court orders as follows:
1. The Parties shall work to finalize a written settlement agreement. The Parties shall file a status report with the Court within 60 days of the date of this order if the case has not been dismissed pursuant to the terms of the Parties' settlement agreement.
2. Defendant's motion to compel (ECF No. 42) and motion for sanctions (ECF No. 43), which are currently set for hearing on October 25, 2019, are deemed withdrawn without prejudice, held in abeyance. In the event the Parties inform the Court that a final settlement agreement could not be reached, the Court will set a new opposition deadline and reschedule the motions may be renoticed for hearing on Defendant's motions. Defendant's right to pursue the matters encompassed by the motions will not be affected or prejudiced by the current October 22, 2019, discovery deadline.
3. In the event the Parties inform the Court that a final settlement agreement could not be reached, the fact discovery deadline for Defendant shall be extended to a reasonable date set by the Court.
IT IS SO ORDERED.
