Brantley et al v. Maxwell-Jolly et al

Filing 527

ORDER RE: MEET AND CONFER ON PLAINTIFFS MOTION TO ENFORCE JUDGMENT. Signed by Magistrate Judge Jacqueline Scott Corley on 9/20/2012. (ahm, COURT STAFF) (Filed on 9/20/2012)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 10 Northern District of California United States District Court 11 ESTHER DARLING, et al., 12 13 Plaintiffs, v. Case No.: 09-3798 SBA (JSC) ORDER RE: MEET AND CONFER ON PLAINTIFFS’ MOTION TO ENFORCE JUDGMENT 14 15 16 TOBY DOUGLAS, et al., Defendants. 17 18 The Court is in receipt of Plaintiffs’ motions to shorten time and enforce judgment and of 19 Defendants’ response to the motion to shorten time. (Dkt. Nos. 493, 522, 525.) Defendants 20 contend that Plaintiffs did not meet their obligation under the settlement agreement to meet and 21 confer prior to filing these motions. As Plaintiffs have not replied to Defendants’ response, the 22 Court cannot confirm this representation. The Court is aware, however, that the parties have met 23 in person with Magistrate Judge Cousins on September 19 and are scheduled to meet with him 24 again on September 24, 2012. This ongoing process likely satisfies the settlement’s meet and 25 confer requirement. 26 The Court notes that on March 22, 2012, the Court granted the parties’ stipulation to 27 shorten time (Dkt. No. 447) on another motion to enforce judgment (Dkt. No. 448) and prepared 28 for and scheduled a hearing on March 29, 2012. Immediately before the start of this hearing, the (Dkt. No. 479), and the motion was withdrawn (Dkt. No. 491). Based on the parties’ 3 demonstrated ability to resolve disputes in person, the Court will therefore not address Plaintiffs’ 4 motion to shorten time until the completion of the ongoing meet and confer process. Should 5 disputes regarding breach of the settlement agreement remain following completion of the meet 6 and confer process, Plaintiffs shall submit to the Court a letter, not to exceed two pages, 7 outlining the disputes that remain unresolved with page references to Dkt. Nos. 493 and 522 and 8 the related declarations and exhibits. The letter shall also advise the Court of the status of the 9 parties’ meet and confer discussions regarding the schedule for briefing and hearing on any 10 remaining disputes. Plaintiffs shall attach to their letter the governing settlement agreement 11 Northern District of California parties informed the Court that the dispute was resolved and that the hearing was unnecessary 2 United States District Court 1 pertaining to their motion to enforce; the Court has been unable to locate the agreement in the 12 filings already submitted to the Court. 13 14 IT IS SO ORDERED. 15 16 Dated: September 20, 2012 _________________________________ JACQUELINE SCOTT CORLEY UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2

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