Lee v. Snohomish County

Filing 44

ORDER VACATING the remaining pretrial deadlines and trial date and REMOVING the County's 28 motion for summary judgment from the docket. The court further ORDERS the parties to file a joint status report no later than ten (10) days after the entry of this order. The report must update the court on the status of the settlement. Signed by Judge James L. Robart. (TH)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 10 MARK JEFFERY LEE, Plaintiff, 11 CASE NO. C17-0176JLR ORDER v. 12 13 SNOHOMISH COUNTY, Defendant. 14 15 This case is scheduled for trial on July 23, 2018 (Sched. Order (Dkt. # 11) at 1), 16 and Defendant Snohomish County (“the County”) has filed a motion for summary 17 judgment that is now ripe for the court’s consideration (2d MSJ (Dkt. # 28)).1 On May 18 18, 2018, however, the court received a call from counsel for the County informing the 19 court that the parties had executed a settlement in principle, which the County expected 20 Mr. Lee to finalize soon. Counsel further informed the court that because Mr. Lee is 21 22 1 Plaintiff Mark Jeffery Lee did not respond to the motion. (See Dkt.) ORDER - 1 1 currently in Chapter 13 bankruptcy proceedings, the bankruptcy court must approve the 2 settlement. Given the impending trial and the parties’ settlement, the court VACATES 3 the remaining pretrial deadlines and trial date and REMOVES the County’s motion from 4 the docket. The court further ORDERS the parties to file a joint status report no later 5 than ten (10) days after the entry of this order. The report must update the court on the 6 status of the settlement. Should the parties fail to execute the final settlement or the 7 bankruptcy court decline to approve the settlement, the County may renote the motion for 8 summary judgment.2 If that occurs, the court will schedule a new trial date. 9 Dated this 21st day of May, 2018. 10 11 A 12 JAMES L. ROBART United States District Judge 13 14 15 16 17 18 19 20 21 2 22 Should the County renote its motion for summary judgment, the court will consider the motion without further briefing. ORDER - 2

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