Jackson v. Xtreme Manufacturing, et al

Filing 85

ORDER TO SHOW CAUSE by Magistrate Judge Gregory J. Fouratt. Show Cause Hearing set for 11/17/2017 at 02:00 PM before Magistrate Judge Gregory J. Fouratt. The parties shall call Judge Fouratt's "Meet Me" line at [phone] to be connected to the proceedings. (kdj)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW MEXICO
ROBERT JACKSON,
Plaintiff,
v.

Civ. No. 16-504 MCA/GJF

THE GEO GROUP INC., et al.,
Defendants,
THE GEO GROUP INC., et al.,
Third-Party Plaintiffs,
v.
UPRIGHT INC., et al.,
Third-Party Defendants.

ORDER TO SHOW CAUSE
AND SETTING TELEPHONIC STATUS CONFERENCE
This matter comes before the Court upon a review of the record. On October 11, 2017,
the Court conducted a settlement conference involving only Plaintiff Robert Jackson and
Defendants/Third-Party Plaintiffs GEO Group, Inc., Vincent Horton, and Santiago Chavez. At
the conclusion of the conference, these parties agreed to a settlement of all claims between them.
On October 13, 2017, this Court ordered as follows:
IT IS ORDERED that dismissal documents for the claims between Plaintiff
Robert Jackson and Defendants/Third-Party Plaintiffs GEO Group, Inc., Vincent
Horton, and Santiago Chavez be filed no later than November 9, 2017, absent a
showing of good cause for an extension.
Order, Oct. 13, 2017, ECF No. 82 (emphasis in original). On October 18, 2017, Plaintiff’s
counsel contacted this Court and opposing counsel by electronic mail claiming that non-

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monetary material terms of the settlement might have been breached.

Defense counsel

responded later that day, and the Court set a telephonic hearing for October 20, 2017. See Order,
Oct. 18, 2017, ECF No. 83.
At the hearing, the Court stated, inter alia, that it believed defense counsel was making a
good faith effort to fulfill the terms of the agreement forged on October 11, 2017, and that
neither party possessed the authority to unilaterally nullify the Court-sanctioned agreement. The
Court also agreed to make certain inquiries relevant to one of the non-monetary material terms of
the settlement agreement.
On October 20, 2017, the Court contacted the parties to update them on the progress of
its efforts to allay Plaintiff’s concerns. Later that same day, Plaintiff’s counsel responded that
her client no longer required the Court’s assistance.
On October 24, 2017, Plaintiff’s counsel contacted the Court and opposing counsel again
by electronic mail to request another telephonic status conference, this time for the principal
purpose of ascertaining the future of the pending claims between Defendants/Third-Party
Plaintiffs and Third-Party Defendants. The Court did not respond directly to this request, but
instead, on October 30, 2017, mailed to counsel a transcript of the terms of the settlement
agreement reached by the parties on October 11, 2017.
Between the time of the Court’s October 13th order, and the date of the instant order,
neither party has filed dismissal documents as ordered by this Court. Furthermore, neither party
has made any apparent effort to demonstrate good cause for extending the date of filing past the
original deadline of November 9, 2017.
IT IS THEREFORE ORDERED that the parties shall show cause before this Court for
their lack of compliance on November 17, 2017, at 2:00 p.m. The parties shall call Judge

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Fouratt’s “Meet Me” line at [phone] to be connected to the proceedings.
IT IS SO ORDERED.

________________________________________
THE HONORABLE GREGORY J. FOURATT
UNITED STATES MAGISTRATE JUDGE

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