Margaret McGuinn v. J.L Gray Company, Inc.

Filing 131

ORDER SETTING BRIEFING SCHEDULE by Magistrate Judge Kevin R. Sweazea. (atc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
UNITED STATES OF AMERICA, ex rel.
MARGARET MCGUINN,
Plaintiff,
v.

No. 2:20-cv-31 KG/KRS

THE J.L. GRAY COMPANY, et al.,
Defendants.
ORDER SETTING BRIEFING SCHEDULE
THIS MATTER is before the Court upon the parties’ Notices regarding the status of the
settlement of this case, both filed March 26, 2024. (Docs. 128 and 130). The parties do not
agree about whether they reached a binding agreement to settle this case due to notification that
the Department of Justice will not approve the monetary settlement unless the parties rescind the
separate remediation agreement. The parties disagree as to whether the remediation agreement is
material to the monetary settlement. Plaintiff proposes three options to resolve the disagreement:
(1) Defendants agree to rescind the remediation agreement and fulfill the terms of the monetary
settlement agreement; (2) the Court orders enforcement of the settlement agreement based on the
terms agreed to at the November 30, 2023 settlement conference; or (3) the Court sets a briefing
schedule for Plaintiff to move to enforce the settlement agreement. (Doc. 128) at 3-4 (providing
proposed briefing deadlines). Defendants state it is their position that there is no binding
settlement agreement and they are prepared to brief the issue for the Court. (Doc. 130) at 1.
Due to the parties’ disagreement about whether a binding settlement has been reached,
the Court will order briefing as follows:

1. Plaintiff shall file a Motion to Enforce the Settlement Agreement by April 10, 2024;
2. Defendants shall respond by April 24, 204; and
3. Plaintiff shall file a reply by May 8, 2024.
IT IS SO ORDERED.

________________________________
KEVIN R. SWEAZEA
UNITED STATES MAGISTRATE JUDGE

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