Opinion
Civil Action No. 99-4122.
August 16, 2004
MEMORANDUM/ORDER
Currently before the court is plaintiff Basant Chatterjee's motion to compel discovery and impose sanctions on defendant School District of Philadelphia filed on June 21, 2004 and plaintiff's motion for summary judgment filed on July 28, 2004. On July 20, 2004, the parties appeared before Magistrate Judge M. Faith Angell for a settlement conference. During the course of that conference, the parties agreed that no further pre-trial motions would be considered. In particular, Dr. Chatterjee agreed to abandon his motion to compel discovery and instead seek answers to the questions posed in his Interrogatories by questioning defendant at trial. Furthermore, Magistrate Judge Angell advised Dr. Chatterjee that there was "no value in preparing a summary judgment, because there — there are no settled material facts. . . ." (Settlement Conference Hr'g, 7/20/04 at 64). Magistrate Judge Angell thus concluded that a motion for summary judgment "would not be fruitful." (Settlement Conference Hr'g, 7/20/04 at 64). Accordingly, upon consideration of the discussions between Magistrate Judge Angell and Dr. Chatterjee at the July 20, 2004 settlement conference, the motions are DENIED WITHOUT PREJUDICE.