Brown v. Phillips et al

Filing 108

ORDER granting 107 Consent MOTION Excuse Defendants' Attendance from Court-Hosted Settlement Conference; vacating the 106 Writ of Habeas Corpus ad Testificandum for 11/19/2019; the settlement conference is rescheduled for Tuesday, 12/3/2019 as set forth in this Order. Signed by Magistrate Judge David S. Cayer on 11/13/2019. (mek)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:16-cv-561-FDW
EDWARD EARL BROWN, JR.,

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Plaintiff,
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vs.
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ALEJANDRO PHILLIPS et al.,
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Defendants.
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____________________________________)

ORDER

THIS MATTER is before the Court on Defendants’ Motion to Excuse their Attendance
from the Court-Hosted Settlement Conference (Doc. No. 107), and on the scheduling of the
upcoming settlement conference in this matter.
Defendants ask that the Court excuse the individual Defendants and a representative of the
insurance carrier for any party against whom a claim is made from attending the settlement
conference. Defendants’ counsel represents that NCDPS representatives will attend the conference
and will have the authority to negotiate and enter into any binding settlement agreement on behalf
of Defendants. Counsel for Plaintiff consents to the Motion. (Doc. No. 107 at 2). Defendants’
Motion will be granted.
It has come to the Court’s attention that the settlement conference, presently scheduled to
commence on Tuesday, November 19, 2019 at 10:00 AM, conflicts with another matter set for
trial in which Plaintiff’s lawyer, David Q. Burgess, is counsel. The settlement conference will
therefore be rescheduled for Tuesday, December 3, 2019 at 1:00 PM in the Magistrate Judge’s
Courtroom at the Charles R. Jonas Federal Building, 401 West Trade Street, Charlotte, North
Carolina 28202.

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IT IS THEREFORE ORDERED that:
1. Defendants’ Motion to Excuse their Attendance from the Court-Hosted Settlement
Conference (Doc. No. 107), is GRANTED.
2. The Writ of Habeas Corpus ad Testificandum for November 19, 2019 (Doc. No. 106),
is VACATED.
3. The settlement conference is rescheduled for Tuesday, December 3, 2019 as set forth
in this Order.

Signed: November 13, 2019

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