Free Order - District Court of Arizona - Arizona

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Case 2:04-cv-00341-RCB Document 170 Filed 10/27/2005 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Johan De Meij, d/b/a/ Amstel Music, BV,) ) ) Plaintiff, ) ) vs. ) ) Tempe Union High School District, et al.,) ) ) Defendants. ) )

No. CV-04-0341-PHX-RCB ORDER

This is the time set for expedited telephonic status conference regarding the October 3, 2005 settlement conference referred to the undersigned by the assigned District Judge. Plaintiff is represented telephonically by counsel, Buck McKinney. The Defendants were represented telephonically by their respective counsel, Garrick L. Gallagher, Mark Kittredge and Martin P. Clare. Other defense counsel waived their presence at this proceeding. Francis G. Fanning, however, was unavailable in the Court's efforts to contact him. Court reporter, Linda Schroeder-Willis, is present. Discussion is held with the Court regarding counsels' current disagreements, the closing documents and the proposed language used therein to successfully accomplish all the terms and conditions of the parties' settlement. Because the parties entered into a full and final settlement agreement in open court which is binding on all parties at this time, LRCiv 83.7,

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IT IS ORDERED that the parties, by and through their counsel, shall immediately confer in good faith and shall reach agreement(s) including the language to be used therein, satisfactory to all parties that may be contained in both public and non-public documents, by 4:00 p.m. (Arizona time) today, October 26, 2005, which is/are consistent with the parties' settlement agreement announced in open court on the record on October 3, 2005, that is fair in its language to all parties and is reasonable under the circumstances. IT IS FURTHER ORDERED that if the parties are unable to reach a written agreement(s) as ordered above, any adverse party may file a motion to enforce settlement agreement and attach thereto his proposed settlement document(s) for the Court's assessment for consistency with the settlement terms, fairness and reasonableness. This motion may be filed under seal and this Court will thereafter set a briefing schedule, conduct a hearing, if necessary, and thereafter will make a report and recommendation to the assigned District Judge that judgment be entered, consistent with the settlement conference record, and that sanctions be imposed, including an award of reasonable attorneys' and costs, against the party and/or attorney who failed to comply with this Order. DATED this 26th day of October, 2005.

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