Dixon v. 7-Eleven, Inc.

Filing 23

ORDER re: 21 Motion to Enforce the Stipulation Regarding Ownership and Control of Store. The court expects counsel and the parties to resolve this matter and inform the court of the result. In the event that this matter cannot be resolved, a hearing will be held before the magistrate judge with counsel and the parties present. Sanctions may be imposed as outlined. So Ordered by Judge Joseph A. DiClerico, Jr.(dae)

UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEW HAMPSHIRE

Paul Dixon d/b/a 7-Eleven 32996 B
v.

Civil No. 13-cv-181-JD

7-Eleven, Inc.
PROCEDURAL ORDER
On May 23, 2013, 7-Eleven, Inc. (“7-Eleven”) filed a Motion
for an Order of Seizure (Replevin) and Request for Temporary
Restraining Order Pending a Ruling on Defendant’s Motion (“Motion
for Replevin”), seeking to recover all merchandise at 7-Eleven
Store 32996B.

On May 31, 2013, the court (Barbadoro, J.) held a

hearing on the Motion for Replevin.

Counsel for both parties

represented to the court that they had reached an agreement
concerning the substance of the motion, and 7-Eleven withdrew the
motion.

7-Eleven subsequently filed a “Motion to Enforce

Stipulation Regarding Ownership and Control of Store,” seeking to
enforce an unsigned stipulation which 7-Eleven asserts
memorializes the terms of the agreement reached concerning the
Motion for Replevin.
The court expects counsel and the parties to resolve this
matter and inform the court of the result.

In the event that

this matter cannot be resolved, a hearing will be held before the
magistrate judge with counsel and the parties present.

Counsel

and the parties are placed on notice that if after the hearing
the magistrate determines that any counsel or any party has acted
unreasonably in resolving this matter, appropriate sanctions will
be imposed.
SO ORDERED.

____________________________
Joseph A. DiClerico, Jr.
United States District Judge
August 8, 2013
cc:

Stanley A. Martin, Esquire
Susan V. Metcalfe, Esquire
Stephen W. Wight, Esquire

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