Geiger et al v. H&H Franchising Systems, Inc. et al

Filing 94

ORDER FOLLOWING MEDIATED SETTLEMENT CONFERENCE. Signed by Magistrate Judge David S. Cayer on 3/26/19. (tob) Modified to correct on 3/26/2019 (tob).

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION

ROSEANN GEIGER and
SHERRI HOLLEY,
Plaintiffs,
vs.
CASE NO. 3:17-cv-00738-FDW-DSC
H&H FRANCHISING SYSTEMS INC.,
GLENKAT INC., KATHLEEN HOLDEN
and GLEN HOLDEN,
Defendants.

ORDER FOLLOWING MEDIATED SETTLEMENT CONFERENCE
THIS MATTER is before the Court on the “Report[s] of Mediation” (documents ##92
and 93) advising that the March 15, 2019 mediated settlement conference ended in an impasse.
Accordingly, the STAY entered March 8, 2019 is LIFTED.
In their Report (document #93), the parties agree on a briefing schedule for the pending
Motion for Sanctions (document #80). Accordingly, IT IS ORDERED that the deadline for
Defendants’ responses is April 5, 2019, and that Plaintiffs’ reply is due on or before April 15,
2019.
The parties are otherwise in disagreement except for their request for a judicial settlement
conference sometime after April 26, 2019. It is apparent from their Report, however, that the
mediation failed without even one complete round of offers. Under these circumstances, a judicial
settlement conference is not warranted. Accordingly, the Court will not consider a judicial
settlement conference until the parties report by joint motion that they have made progress towards
settlement.

If any party seeks an extension of other deadlines, they may do so by separate motion. The
parties are cautioned that the dispositive motions deadline, the motions hearing setting, and the
trial date will not be extended.
SO ORDERED.

Signed: March 26, 2019

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HTPL: 727781v1