Altherr et al v. Jerome, Town of et al

Filing 37

ORDER re 34 Motion For Court's Assistance in Finalizing Settlement Documents: The Court notes that the discovery deadline is November 20, 2013, and that the dispositive motion deadline is December 20, 2013. The parties are on a dual track and must meet these deadlines even as they seek to consummate a settlement. (See attached PDF for further details). Signed by Senior Judge Frederick J Martone on 10/15/13. (JAMA)

1

WO

2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRICT OF ARIZONA

8
9

Larry Altherr et al,
Plaintiff,

10
11

vs.

12
Town of Jerome et al,
13
Defendant.
14

)
)
)
)
)
)
)
)
)
)
)
)

No. CV 13-08007-PCT-FJM
ORDER

15
16
There is pending before Magistrate Judge Aspey, plaintiff’s Motion for Court’s
17
Assistance (doc. 34) and defendant’s Response (doc. 35). Judge Aspey will decide whether
18
he wants to grant or deny the motion. However, there are statements in the papers about
19
which this court must be perfectly clear. First, nothing about the settlement process
20
constitutes good cause to amend in any way the Rule 16 Scheduling Order (doc. 14) which
21
controls the processing of this case. Unless and until there is a stipulation to dismiss with
22
prejudice, the existing deadlines control up to and including the firm trial date.
23
Second, a settlement constitutes an accord which extinguishes the underlying claims.
24
Thus, no purpose is served by delaying dismissal of a case. A breach of a settlement
25
agreement would not revive an extinguished claim. Any remedy would be by way of
26
independent action on the agreement.
27
The court notes that the discovery deadline is November 20, 2013, and that the
28

1

dispositive motion deadline is December 20, 2013. The parties are on a dual track and must

2

meet these deadlines even as they seek to consummate a settlement.

3

DATED this 15th day of October, 2013.

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
-2-