Opinion
Order Following Case Management Conference
ANTHONY J. BATTAGLIA, Magistrate Judge
On January 31, 2007, the Court convened a Case Management Conference in the above entitled action. Appearing for Plaintiff was Theodore Pinnock, Esq. Appearing for Defendant telephonically was David Peters, Esq.
Counsel have agreed to dismiss the federal action without prejudice and Plaintiff will re-file, as appropriate, in state court. The dismissal should be submitted within a matter of days.
The Court sets a Settlement Disposition Conference for February 8, 2007 , at 9:00 a.m. in the chambers of Magistrate Judge Battaglia to check on the status of the dismissal. Counsel and all parties shall appear in person unless a signed joint motion for dismissal of this case is filed and a copy of the signed joint motion is provided to the chambers of Magistrate Judge Battaglia (via e:mail at efile_battaglia@casd.uscourts.gov no less than 24 hours prior to the scheduled conference. Monetary sanctions shall be imposed for failure to comply with this order.
Today's hearing was also set as an OSC re: Mr. Peters' non-appearance at the Monday, January 29, 2007 Case Management Conference. Mr. Peters explained the reason for the non-appear-ance, and the Court is satisfied with the explanation. Based thereon, the OSC is off calendar.
IT IS SO ORDERED.