Opinion
Civil Action 2:12-cv-0042
04-19-2013
Judge Marbley
Magistrate Judge Abel
Order Regarding Settlement Discussions
On April 18, 2013, counsel for the parties participated in a telephone conference with me regarding settlement negotiations.
The parties have negotiated a settlement in principle, but have been unable to agree to language regarding two provisions. After a frank discussion with me, the parties were unable to reach an agreement on both provisions.
While I continue to believe that there may be a compromise both can live with, the next step is either to continue with the litigation or for a party to file a motion to enforce settlement. Plaintiff's counsel said his client would likely file a motion to enforce the settlement she believes was agreed to. I asked that before she filed the motion, he provide defendants' counsel with a draft of the motion so that Bank of America and Keybank could decide whether there were any additional modifcations of the draft language they could live with.
Mark R. Abel
United States Magistrate Judge