Maksoud v. Hopkins et al

Filing 209

ORDER granting 201 Motion to Clarify. (1) Compelling Attendance at In-Person Settlement Conference on 03/05/2020 at 9:00 AM. (2) Setting Status Conference Before The District Court Following the In-Person Settlement Conference on 03/05/2020. Signed by Judge Marilyn L. Huff on 02/26/2020. (sxa)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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DR. CHARBEL MAKSOUD,

Case No.: 3:17-cv-00362-H-WVG
Plaintiff,

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PHILIPPE GUELTON,

ORDER:

v.

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Defendant.

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(1) COMPELLING
ATTENDANCE AT INPERSON SETTLEMENT
CONFERENCE ON MARCH 5,
2020 AT 9:00 A.M.
(2) SETTING STATUS
CONFERENCE BEFORE THE
DISTRICT COURT
FOLLOWING THE INPERSON SETTLEMENT
CONFERENCE ON MARCH 5,
2020
[Doc. No. 201.]

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This case was set for trial on April 18, 2019. (Doc. No. 149.) On April 2, 2019, the

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Parties notified the Court that they had reached a settlement agreement and the terms of

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that settlement were read on the record. (Doc. No. 184.) On April 9, 2019, the magistrate

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judge ordered a status conference concerning the settlement for April 10, 2019. (Doc. No.

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184 at 4.) The magistrate judge issued a formal briefing schedule on the issue of settlement

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enforcement with a hearing date set for May 31, 2019 and ordered the parties to meet and
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confer. (Id. at 5.) The parties failed to file any briefing on the subject and did not meet and

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confer. (Id.) On May 31, 2019, as scheduled, the Court convened a hearing on the issue of

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settlement enforcement. (Id. at 6.) Plaintiff’s counsel failed to appear. (Id.)

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On July 17, 2019, the magistrate judge issued a report and recommendation (“R&R”)

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that the Court enforce the settlement agreement entered between Plaintiff Charbel Maksoud

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and Defendant Philippe Guelton and enter final judgment. (Doc. No. 184.) On August 13,

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2019, the Court enforced the settlement agreement but did not enter a final judgment since

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the settlement was a compromise of a disputed claim. (Doc. No. 191.) The Court also

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ordered the parties to file a status report within thirty days. (Id.) Instead on August 26,

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2019, the Defendant filed a notice of appeal to the Ninth Circuit. (Doc. No. 192.)1 On

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October 29, 2019, Defendant voluntarily dismissed the appeal to the Ninth Circuit. (Doc.

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No. 200.)

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On November 12, 2019, Defendant Guelton filed a motion for clarification regarding

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the enforcement of the settlement agreement. (Doc. No. 201.) On November 15, 2019, the

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Court held a telephonic hearing regarding the matter. (Doc No. 203.) On December 4, 2019,

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the Court referred the matter to the magistrate judge and ordered the parties to propose a

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date for a settlement conference by January 16, 2020. (Doc No. 205.) On January 3, 2020,

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Defendant Guelton filed a Motion for Clarification regarding the Court’s prior order on

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December 4, 2019. (Doc. No. 206.) On January 10, 2020, the Court issued an order

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referring the matter to the magistrate judge, stating that “no further clarification is

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required,” and again ordered the parties to propose a date for the settlement conference by

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January 16, 2020. (Doc. No. 207.) The parties failed to comply with the Court’s order.

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On January 24, 2020, the magistrate judge issued an order scheduling the in-person

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settlement conference for March 5, 2020 after the parties failed to comply with the Court

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order. (Doc. No. 208.) The magistrate judge also ordered that settlement statements be

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On September 12, 2019, Defendant filed a motion for approval of a bond to stay enforcement
pending the disposition of their appeal. (Doc. No. 195.) On October 10, 2019, the Court denied the
motion. (Doc. No. 199.)
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submitted by February 26, 2020. (Id.) This Court also orders the in-person attendance of

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Plaintiff Maksoud and Defendant Guelton and counsel at the in-person settlement

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conference on March 5, 2020 at 9:00 a.m before Magistrate Judge William V. Gallo, United

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States Courthouse, Courtroom 2A, Second Floor, 221 West Broadway, San Diego,

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California. (Doc. No. 208.) If either party cannot physically attend the in-person settlement

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conference the party may make a showing of good cause to the magistrate judge and the

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magistrate judge can determine if the party can attend telephonically. The Court strongly

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believes that there is a benefit to in-person attendance but recognizes that if there is good

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cause shown, the decision will be left to the sound discretion of the magistrate judge.

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Immediately following the in-person settlement conference, the Court orders the

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parties and counsel to attend a status conference before District Court Judge Marilyn Huff,

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United States Courthouse, Courtroom 15a, Fifteenth Floor, 333 West Broadway, San

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Diego California. If either party cannot physically attend the status conference, the party

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may make a showing of good cause to this Court and the Court will determine if the party

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can attend telephonically.

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The Court reminds the parties that once a party enters into a binding settlement

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agreement, that party cannot unliterally decide to back out of the agreement. Doi v.

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Halekulani Corporation, 276 F.3d 1131, 1131 (9th Cir. 2002.) A settlement is complete,

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and binding on all the parties, when its material terms are confirmed orally on the record.

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Id. at 1138. The Court previously found the settlement agreement to be enforceable and

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valid. (Doc. No. 191.) As a result, the Parties should again be prepared to comply with the

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terms of the settlement agreement if the magistrate judge and the district court so order.

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Additionally, given the record before the Court, district courts have the inherent

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power to control their dockets and, “[i]n the exercise of that power they may impose

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sanctions including, where appropriate, . . . dismissal of a case.” Thompson v. Housing

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Auth., 782 F.2d 829, 831 (9th Cir.), cert. denied, 479 U.S. 829, (1986). Failure to comply

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with this order may result in any and all appropriate sanctions.

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Finally, if the Court again determines that the settlement is valid and enforceable,
the Court reserves the right, if appropriate, to issue a final judgment on the settlement.
IT IS SO ORDERED.
DATED: February 26, 2020

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MARILYN L. HUFF, District Judge
UNITED STATES DISTRICT COURT

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3:17-cv-00362-H-WVG