Khan v. Barela et al

Filing 163

ORDER by Magistrate Judge Stephan M. Vidmar GRANTING 162 Plaintiff's Motion to Vacate ADR Order. The Court's order contemplating the setting of a settlement conference 156 is VACATED and the telephonic status conference set for February 9, 2022, is VACATED. (nlb)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
ERIK KHAN,
Plaintiff,
v.

No. 15-cv-1151 MV/SMV

CHRIS BARELA, BOARD OF COUNTY
COMMISSIONERS OF DOÑA ANA COUNTY,
ARAMARK CORPORATION,
BILL STICKLES, and DAVID BEAM,
Defendants.1
ORDER ON MOTION TO VACATE ADR ORDER
THIS MATTER is before the Court on Plaintiff’s Notice of Pending Resolution and Motion
to Vacate ADR Order (the “Motion”), filed on January 31, 2022. [Doc. 162]. Plaintiff reports that
he “and the remaining parties [Defendants Chris Barela and the Board of County Commissioners
of Doña Ana County] have entered into a preliminary settlement agreement.” Id. He asks the Court
to vacate its order contemplating the setting of a settlement conference. Id. (referring to the
settlement-conference order as an “ADR Order”). The Court, having considered the Motion and
the record, and being otherwise fully advised in the premises, finds that the motion is well-taken.
The Motion will be granted.
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that Plaintiff’s
Notice of Pending Resolution and Motion to Vacate ADR Order [Doc. 162] is GRANTED.

1

This caption reflects the Defendants listed in the Third Amended Complaint, except that Plaintiff substituted
Defendant David Beam for the John Doe Defendant on June 24, 2020. [Docs. 100, 109]. Moreover, Defendants
Bill Stickles and David Beam were dismissed as parties on November 6, 2020. [Doc. 133], and Defendant Aramark
was dismissed as a party on December 9, 2021. [Doc. 160].

IT IS FURTHER ORDERED that the Court’s order for a settlement conference
[Doc. 156] is VACATED without prejudice to the parties filing a renewed motion for a settlement
conference if they choose.
IT IS FURTHER ORDERED that briefing on the Martinez Reports [Docs. 154, 155]
remains STAYED pending further order of this Court.
IT IS FURTHER ORDERED that the telephonic status conference set for
February 9, 2022, at 11:30 a.m. MST is VACATED.
IT IS SO ORDERED.
_______________________________
STEPHAN M. VIDMAR
United States Magistrate Judge

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