O'Malley v. NaphCare Inc

Filing 74

ORDER - (Defendant file Motion to enforce the settlement agreement on or before 12/31/2015 at 5:00 P.M., Plaintiff file memorandum in opposition to Defendant's motion on or before 1/5/2016 at 5:00 P.M., Settlement Conference set for 1/6/2016 10 :00 AM in Courtroom 4 - Dayton before Magistrate Judge Michael J. Newman.) The parties are ADVISED that failure to appear in-person for the hearing on January 6, 2016 may result in sanctions, including finding the motion to enforce unopposed or withdrawn. IT IS SO ORDERED. Signed by Magistrate Judge Michael J. Newman on 12/30/2015. (srb)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
TERESA L. O’MALLEY,
Plaintiff,

Case No. 3:12-cv-326

vs.
NAPHCARE INC.,

District Judge Walter H. Rice
Magistrate Judge Michael J. Newman

Defendant.

ORDER

This civil case came before the undersigned for a status conference by telephone on
December 29, 2015 at 10:00 a.m. Attorneys Adam Anderson and Dennis Moskal participated on
behalf of Plaintiff.1 Attorneys Caroline DiMauro and Jamie Goetz-Anderson participated on
behalf of Defendant.

The parties informed the Court that they mediated this dispute on

December 21, 2015 with a private mediator and now disagree as to whether a binding settlement
agreement was reached.
The Court ORDERS that: (1) counsel for the parties confer civilly2 and informally to
resolve the dispute; (2) if that effort is unsuccessful, Defendant file a motion to enforce the
settlement agreement on or before December 31, 2015 at 5:00 p.m.; (3) Plaintiff file any
memorandum in opposition to Defendant’s motion on or before January 5, 2016 at 5:00 p.m.;
and (4) counsel and the parties appear in-person for a hearing on the motion to enforce the
1

Attorneys Anderson and Moskal informed the Court that Plaintiff may wish to terminate their
services and that a motion to withdraw as counsel may be forthcoming. Although Plaintiff may wish to
terminate her attorneys, and the attorneys may wish to withdraw, attorneys Anderson and Moskal remain
counsel of record for Plaintiff until such time as the Court grants them permission to withdraw from such
representation.
2
See the INTRODUCTORY STATEMENT ON CIVILITY set forth in the Local Rules of this
Court.

settlement agreement on January 6, 2016 at 10:00 a.m. in Courtroom 4 in the Federal
Building, 200 West Second Street, Dayton, Ohio, 45402. The Court reiterates its ORDER -rendered on the December 29, 2015 conference call -- that Plaintiff and a representative of
Defendant attend the hearing in-person on January 6, 2016. Service of this Order to counsel of
record through the Court’s electronic filing system is deemed service on the parties themselves.
See Fed. R. Civ. P. 5(b).
The parties are ADVISED that failure to appear in-person for the hearing on January 6,
2016 may result in sanctions, including finding the motion to enforce unopposed or withdrawn.
IT IS SO ORDERED.

Date:

December 30, 2015

s/ Michael J. Newman
Michael J. Newman
United States Magistrate Judge

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