Levine et al v. Sleep Train, Inc. et al

Filing 79

ORDER signed by Magistrate Judge Allison Claire on 3/30/2016. Parties shall email a Confidential Joint Letter re: Settlement to [e-mail] by 4/7/2016, explaining what outstanding items must be addressed before filing of disposit ional documents. Parties are directed to appear telephonically at an informal Settlement Conference on 4/11/2016 at 9:00 AM. Parties should call the undersigned's Judicial Assistant, Donna Dal Porto at 916-930-4120, who will transfer them to chambers. Parties must connect with one another via conference call before calling into chambers. (Marciel, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT LEVINE, et al.,

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Plaintiffs,

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No. 2:15-cv-00002-WBS-AC

v.

ORDER

SLEEP TRAIN, INC., et al.,

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Defendants.

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On February 2, 2016, the parties participated in a settlement conference and the case

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settled on terms agreed to in principle and stated on the record, which was ordered sealed. ECF

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No. 73. In a minute order that same day, the court ordered the parties to file dispositional

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documents within thirty days. Id. However, on March 8, 2016, plaintiffs filed a status report

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stating that defendants had yet to respond to their latest draft settlement agreement, which

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plaintiffs had sent to them on March 2, 2016. ECF No. 75. The next day, Senior District Judge

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William B. Shubb issued a minute order requiring the parties to either file (1) their dispositional

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documents pursuant to Local Rule 160(b) no later than March 28, 2016, or (2) a joint status report

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by that date if settlement could not be finalized. ECF No. 76. Judge Shubb also scheduled a

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status conference before him for April 11, 2016, at 1:30 p.m. pending submission of the

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dispositional documents. Id.

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On March 28, 2016, the parties filed a joint status report in lieu of dispositional

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documents. ECF No. 77. That status report states that the parties have been diligently working to

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resolve this matter and have “been able to substantially reach a final agreement on all but two

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outstanding items.” Id. Because those two items were addressed at the February 2, 2016,

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settlement conference, the parties request an informal telephonic conference with the

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undersigned. Id. During that telephonic conference the undersigned can resolve the outstanding

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items in light of the settlement conference recording, which is now sealed. Id.

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In accordance with the foregoing and good cause being shown, the court will schedule an

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informal telephonic conference for Monday, April 11, 2016, at 9:00 a.m. The court will also,

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however, order the parties to email a confidential joint letter to the undersigned by Thursday,

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April 7, 2016, explaining what outstanding items they need addressed. A failure to timely email

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the required letter will result in the scheduled telephonic conference being vacated.

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In accordance with the foregoing, THE COURT HEREBY ORDERS that:

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1. The parties shall email a confidential joint letter re: settlement to

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[e-mail] by April 7, 2016, explaining what outstanding items must be

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addressed before the filing of dispositional documents; and

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2. The parties are directed to appear telephonically at an informal settlement conference

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on April 11, 2016, at 9:00 a.m. The parties should call the undersigned’s Judicial Assistant,

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Donna Dal Porto, at 916-930-4120, who will transfer them to chambers. The parties must

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connect with one another via conference call before calling into chambers.

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DATED: March 30, 2016

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