Baker v. D.A.R.A. II, Inc. et al

Filing 88

ORDER ; Plaintiff shall file a Response to Defendants' 87 STATUS REPORT (deemed a motion to enforce settlement agreement) by 9/29/08; ddefendants shall file a reply by 10/8/08. Signed by Magistrate Judge Lawrence O Anderson on 9/17/08. (REW, )

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

WO

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

) ) ) Plaintiff, ) ) vs. ) ) D.A.R.A. II, Inc., an Arizona corporation;) Kenneth Presutti and Cyndee Presutti,) husband and wife; Jesse Wintersteen and) Dara Wintersteen, husband and wife; and) ) Jeffrey J. Presutti. ) ) Defendants. ) ) Dixie Baker,

No. CV-06-2887-PHX-LOA ORDER

After reviewing Defendants' Status Report Regarding Settlement, docket # 87, the Court deems it a motion to enforce settlement agreement pursuant to LRCiv 83.7 and federal case law. A briefing schedule will be set forth herein. If either counsel believes that an evidentiary hearing is necessary, counsel may request one consistent with LRCiv 7.2(f). Counsel are advised that if the Court finds that a binding, enforceable settlement was reached in writing between the non-bankrupt parties, the Court will enter Judgment consistent therewith and will award a full measure of attorney's fees and any costs against the Plaintiff and/or her attorney. If no binding agreement was reached, the Court will reset this matter for trial in the Spring or Summer, 2009.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

IT IS ORDERED that Plaintiff shall file a Response to Defendants' motion to enforce settlement agreement on or before Monday, September 29, 2008. Defendants shall file a Reply on or before Wednesday, October 8, 2008. DATED this 17th day of September, 2008.

-2-