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Welch v. My Left Foot Children's Therapy, LLC, 2:14-cv-01786-MMD-GWF. (2018)

Court: District Court, D. Nevada Number: infdco20180118a57 Visitors: 5
Filed: Jan. 17, 2018
Latest Update: Jan. 17, 2018
Summary: JOINT MOTION FOR JUDICIAL SETTLEMENT CONFERENCE PURSUANT TO LOCAL RULE 16-5 GEORGE FOLEY, JR. , Magistrate Judge . Plaintiff Mary Kaye Welch and Defendants My Left Foot Children's Therapy, LLC, Jon Gottlieb and Ann Marie Gottlieb (collectively, "MLF"), by and through their respective counsel, hereby make this Joint Motion for an Order setting this matter for a settlement conference with the assigned Magistrate Judge, the Honorable George Foley, Jr., or referring this matter to an appropriat
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JOINT MOTION FOR JUDICIAL SETTLEMENT CONFERENCE PURSUANT TO LOCAL RULE 16-5

Plaintiff Mary Kaye Welch and Defendants My Left Foot Children's Therapy, LLC, Jon Gottlieb and Ann Marie Gottlieb (collectively, "MLF"), by and through their respective counsel, hereby make this Joint Motion for an Order setting this matter for a settlement conference with the assigned Magistrate Judge, the Honorable George Foley, Jr., or referring this matter to an appropriate and available Magistrate Judge for purposes of conducting a settlement conference.

This Court may set any appropriate case for settlement conference or other alternative method of dispute resolution. See Local Rule 16-5. The parties believe this case is appropriate for referral to a settlement conference because of its procedural posture and the parties' mutual willingness to resolve the matter.

As stated, the parties believe that the current procedural posture of this case makes it suitable for a judicial settlement conference. Fact discovery closed on December 27, 2017, and Plaintiff's expert disclosure deadline is currently set for February 28, 2018. However, concurrently with this Joint Motion, the parties are requesting an extension of expert discovery deadlines pending completion of the requested settlement conference.

On November 20, 2017, Plaintiff filed a motion for partial summary judgment seeking adjudication of whether MLF violated the Nevada False Claims Act, Nev. Rev. Stat. §357.040(b), and the federal False Claims Act, 31 U.S.C. § 3729, et seq. (ECF No. 133.) Pursuant to a court-approved stipulation, MLF's opposition to the motion is currently due on January 18, 2018. (ECF No. 150.) However, the parties have agreed to a two-week extension, and are filing a stipulation and proposed order to that effect concurrently with this Joint Motion.

The parties recognize that expert costs in this dispute may be significant, and Plaintiff's Motion for Partial Summary Judgment is not likely to be resolved before the close of expert discovery. Accordingly, the parties would like the opportunity to participate in a settlement conference before additional costs are incurred. As such, the parties respectfully request that the Court order the parties to a settlement conference convened by the assigned, or another available, U.S. Magistrate Judge.

ORDER

IT IS SO ORDERED.

Source:  Leagle

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