Jenks et al v. New Hampshire Motor Speedway, Inc. et al

Filing 240

ORDER: parties to file agreement for entry of judgment or stipulation of dismissal or plaintiffs shall file motion to enforce settlement on or before 10/24/12. If neither filing is made, case will be dismissed with prejudice. Notice of Compliance Deadline set for 10/24/2012. So Ordered by Judge Joseph A. DiClerico, Jr.(dae)

UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEW HAMPSHIRE

Melissa Jenks, Individually
and as Guardian and Next Friend
of Roderick Jenks
v.

Civil No. 09-cv-205-JD

Textron, Inc.
PROCEDURAL ORDER
On July 18, 2012, during trial, counsel represented to the
court that the case had settled.
jury was dismissed.

The trial concluded, and the

Counsel were notified: “Agreement for entry

of judgment or stipulation of dismissal to be filed within 30
days or the court will dismiss the case with prejudice.”

The

case settlement deadline was set for August 20, 2012.
The plaintiffs filed an assented-to motion to extend the
deadline to August 31, 2012, which was granted.

On August 31,

however, the plaintiffs filed a motion to extend the deadline
until the court could schedule a conference to address the
matter.

In support, the plaintiffs represented that the parties

had been unable to reach agreement on certain terms for the
release, which was preventing entry of an agreement for judgment
or a stipulation of dismissal.

The court granted the motion.

A conference was held on September 13, 2012.

Local counsel

attended the conference on behalf of the parties to explain the
delay.

As shown in the minute entry of the same date, the court

ordered: “Counsel shall inform the Court promptly as to 1)
whether or not they will discuss the settlement issue with either
Chief Judge Laplante or Magistrate Judge McCafferty, 2) the date
such discussion is scheduled, and 3) the results.

Thereafter, if

necessary, a Motion to Enforce Settlement shall be filed and an
Evidentiary Hearing will be held.”
Counsel did not inform the court promptly as they had been
directed to do.

Instead, the deputy clerk contacted counsel on

September 21, 2012, and was told that the plaintiffs would likely
file a motion to enforce the next week.

No motion has been

filed, and counsel have not contacted the court about the delay.
Therefore, to avoid further delay, the parties shall resolve
the settlement issue as is provided below.
Conclusion
For the foregoing reasons, (1) the parties shall file an
agreement for entry of judgment or a stipulation of dismissal; OR
(2) the plaintiffs shall file a motion to enforce the settlement
on or before October 24, 2012.

If a motion to enforce the

settlement is filed, the court will schedule an evidentiary
hearing at which witnesses, including counsel, will testify under
oath.
In the event that the parties make neither filing on or
before October 24, 2012, the case will be dismissed with
prejudice.
SO ORDERED.
/s/ Joseph A. DiClerico, Jr.
Joseph A. DiClerico, Jr.
United States District Judge
October 15, 2012
cc:

R. Peter Decato, Esq.
William Whitten, Esq.
Daniel Mawhinney, Esq.
Elizabeth Peck, Esq.
Mark Franco, Esq.
Michael Shalhoub, Esq.
Neil Goldberg, Esq.
R. Matthew Cairns, Esq.
David Osterman, Esq.
Samantha Elliott, Esq.
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