391 Franklin Turnpike Limited Liability Company v. Tank

Filing 58

ORDER: Status Conference set for 2/24/2015 at 11:00 AM by telephone before Magistrate Judge Charles S. Miller, Jr. By Magistrate Judge Charles S. Miller, Jr. (BG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
NORTHWESTERN DIVISION
391 Franklin Turnpike Limited Liability
Company, a/k/a Franklin Turnpike, LLC,
Plaintiff,
vs.
Greggory G. Tank,
Defendant.

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ORDER

Case No. 4:12-cv-162

On February 18, 2015, Judge Hovland conducted a telephonic conference with the parties
in which he directed that the parties participate in a settlement conference to be conducted by the
undersigned. Judge Hovland directed that the settlement conference be conducted in the near future
given the impending trial. He further directed that counsel and their clients personally appear.
(Doc. No. 57).
The undersigned has attempted to communicate with counsel regarding the scheduling of the
settlement conference. Counsel for defendant has responded, but so far plaintiff’s counsel has not
either in response to telephone calls from the undersigned’s staff or their emails. The undersigned
has been further advised that the court has had previous difficulty in getting plaintiff’s counsel to
respond to telephone calls from the court.
Given the circumstances, the court will conduct a telephonic conference with the parties on
February 24, 2014, at 11:00 a.m. CST to discuss the timing of the settlement conference. The court
will initiate the conference call. Prior to the conference call, plaintiff’s counsel shall provide the
court with a telephone number at which he can be reached.

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During the telephone conference, the court will be scheduling a settlement conference.
Failure to participate meaningfully in that process may very well result in the scheduling of a time
and date that is inconvenient for one or more the parties.
Failure to participate in either the telephonic conference or the later scheduled
settlement conference will likely result in the imposition of sanctions that may include
dismissal of the above-entitle action and/or assessments of costs and attorney’s fees.
IT IS SO ORDERED.
Dated this 20th day of February, 2015.
/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr., Magistrate Judge
United States District Court

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