Edutrek L.L.C. v. AYS Organization, Inc. et al

Filing 38

MINUTES OF PROCEEDINGS - Status Conference held on 2/10/2014 before Magistrate Judge Peggy A. Leen. Crtrm Administrator: Teresa K. Hoskin; Pla Counsel: Rachel Jacques and Jonathan Hammond; Def Counsel: Jason Gless; Time of Hear ing: 2:00 pm - 2:15 pm; Denying as moot 36 Motion for Exception to Attendance Requirement at Settlement Conference. Granting 37 Motion to Continue Magistrate Judge Hearing to the extent the conference currently scheduled for February 13, 2014, at 1:30 p.m. is VACATED. Telephonic Status Conference set for 2/18/2014 11:30 AM before Magistrate Judge Peggy A. Leen. (Copies have been distributed pursuant to the NEF - SLR)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
EDUTREK L.L.C.,

)
)
Plaintiff,
)
)
vs.
)
)
AYS ORGANIZATION, INC., et al.,
)
)
Defendants. )
____________________________________)

Case No. 2:12-cv-01822-GMN-PAL
MINUTES OF PROCEEDINGS
DATED: February 10, 2014

PRESENT: THE HONORABLE PEGGY A. LEEN, United States Magistrate Judge
JUDICIAL ASSISTANT: Teresa K. Hoskin

RECORDER/TAPE #

None

COUNSEL FOR PLAINTIFF: Rachel Jacques, Jonathan Hammond
COUNSEL FOR DEFENDANTS: Jason Gless
PROCEEDING: Phone Conference
The court conducted a phone conference with counsel commencing at 2:00 p.m.,
regarding Defendants’ Request for Exception to Attendance Requirement at Settlement
Conference (Dkt. #36), and Defendants’ Request to Continue Settlement Conference (Dkt. #37).
The parties have been negotiating the terms of a written settlement agreement “reached in
principle” since May of 2013. They have requested and received three continuances of the
scheduled settlement conference ordered by the district judge representing they were likely to
complete the settlement process without the additional expense of a mandatory court settlement
conference within 30-45 days. The most recent request to continue is based on an emergency
family medical emergency of the Defendants’ representative with settlement authority.
During the telephonic conference counsel represented that they had a settlement in
principle but had reached an impasse regarding two terms which required the court’s assistance.
The court discussed the issues with counsel and provided preliminary input on the reasonableness
of the requests concerning disputed terms, instructing counsel to confer with their clients to
convey the court’s remarks. The court will vacate the settlement conference one final time
because of the family medical emergency cited, but advised counsel that the court was inclined to
require the parties to file the joint pretrial order rather than reset this matter for settlement
conference a fourth time given the history of this case.
The conference concluded at 2:15 p.m.

IT IS ORDERED that:
1.

Defendants’ Request for Exception to Attendance Requirement at Settlement
Conference (Dkt. #36) is DENIED as moot.

2.

Defendants’ Request to Continue Settlement Conference (Dkt. #37) is
GRANTED to the extent the conference currently scheduled for February 13,
2014, at 1:30 p.m. is VACATED, and will not be rescheduled at this time.

3.

A telephonic status check is scheduled for February 18, 2014, at 11:30 a.m.
Counsel shall be connected to the phone conference by utilizing the Meet Me Line
by dialing [phone], Conference Code: 123456, promptly at 11:30 a.m.

____________________________________
PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE