Ashley v. Milligan

Filing 23

ORDER granting the parties' request per 22 Notice of Settlement to waive the deadlines including the trial date set by 21 Amended Final Scheduling Order. The Parties are directed to file their consent decree by 5:00 p.m. Friday, February 15, 2013. Signed by Judge Billy Roy Wilson on 12/14/2012. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
JIMMY ASHLEY
v.

PLAINTIFF
3:10-CV-00259-BRW

HOWARD SLINKARD, In His Official
Capacity As Chairman Of The Board Of
Trustees For The Arkansas State University

DEFENDANT

ORDER
The parties filed a Notice of Proposed Settlement (Doc. No. 22) providing that they agree
in principle on substantive issues (except fees and costs) and procedure regarding settlement.
This case is set for trial on January 29, 2013.1 The parties ask that the Court waive all deadlines
in the Scheduling Order2 for 60 days while they continue working on a consent decree.3
The Complaint in this case was filed in October, 2010.4 A March 28, 2011 Order granted
the parties’ joint motion to stay this case for 120 days while the parties explored settlement.5 The
parties’ then asked for two continuances, citing, among other reasons, time needed to discuss
possible settlement.6 The parties apparently have made progress towards settlement over the past
19 months, but have not worked out all the details. The parties’ request to waive the deadlines in
the Scheduling Order, including the trial date, is GRANTED. But, I do not anticipate granting

1

Doc. No. 21.

2

Id.

3

Doc. No. 22.

4

Doc. No. 1.

5

Doc. No. 7.

6

Doc. Nos. 17, 20.
1

any more continuances in this case. The parties are directed to file their consent decree by 5:00
p.m., Friday, February 15, 2013.
IT IS SO ORDERED this 14th day of December, 2012.

/s/Billy Roy Wilson
UNITED STATES DISTRICT JUDGE

2