Starbucks Corporation v. Alamo Java, LLC

Filing 58

ORDER by Magistrate Judge Kevin R. Sweazea VACATING 56 Order to show cause, DIRECTING parties to submit closing documents, and VACATING settlement conference. (cbf)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
STARBUCKS CORPORATION,
Plaintiff,
v.

No. 2:17-cv-001223-GJF-KRS

ALAMO JAVA, LLC,
Defendant.
ORDER VACATING ORDER TO SHOW CAUSE, DIRECTING PARTIES
TO SUBMIT CLOSING DOCUMENTS, AND VACATING
SETTLEMENT CONFERENCE
THIS MATTER comes before the Court on Defendant’s response (Doc. 57) to the
Court’s order to show cause. (Doc. 56). Defendant explains that the parties have resolved the
case pending agreement to settlement documents and ask they be allowed until May 9, 2019 to
submit closing paperwork to the Court. Once the settlement is finalized, Defendant believes
Plaintiff’s motion to compel (Doc. 52) to which Defendant has not responded will be moot. In
the event the settlement is not completed in time, Defendant consents to the relief request in
Plaintiff’s motion to compel and requests that it be allowed to provide “good faith
supplementation” to its incomplete responses by May 13, 2019. Having reviewed Defendant’s
response, the Court concludes Defendant has adequately address the Court’s concerns and the
approach Defendant describes resolves the outstanding issues between the parties.
IT IS, THEREFORE, ORDERED that the Court’s Order to Show Cause (Doc. 56) is
VACATED.
IT IS FURTHER ORDERED that the parties submit closing documents to Judge
Fouratt on or before May 9, 2019. The parties shall also send a copy of the closing documents to
the undersigned’s proposed text email, [e-mail].
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IT IS FURTHER ORDERED that the Court will deny the Plaintiff’s motion to compel
(Doc. 52) as moot if the parties finalize their settlement and submit closing documents as
indicated above. Should the parties not finalize their settlement and submit closing documents as
indicated above, the Court will grant Plaintiff’s motion to compel (Doc. 52) as requested and
order Defendant to provide complete responses on or before May 13, 2019.
IT IS FURTHER ORDERED that the settlement conference set for May 21, 2019 is
VACATED.

___________________________________
KEVIN R. SWEAZEA
UNITED STATES MAGISTRATE JUDGE

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