Opinion
Case No. 2:11-cv-01502-LDG-PAL
09-18-2012
JANIX, INC., et al., Plaintiffs, v. MARK WRHEL, et al., Defendants.
ORDER
(Mtn to Renew - Dkt. #88)
(Mtn for Hearing - Dkt. #105)
This matter is before the court on Plaintiffs/Counter-Defendants Rick Tosado's, Janix Inc.'s, Nado's, and Amberick, LLC's ("Plaintiffs") Emergency Motion to Renew Their Motion to Compel and Motion to Extend Time Regarding Discovery (Dkt. #88) filed August 24, 2012; and Plaintiffs' Sealed Motion for Leave to File Motion for Evidentiary Hearing and Discovery (Dkt. #105) filed September 14, 2012. The court has considered the Motions and Defendant Sergio Hale's Response (Dkt. #94), filed September 7, 2012.
A review of the court's docket reflects that there is a Sealed Motion to Set Aside Settlement Agreement (Dkt. #87) filed by Plaintiffs on August 23, 2012, pending before the district judge. The motion was filed under seal because it relates the substance of confidential settlement discussions between Plaintiff and defendant Tosado. A sealed stipulation for entry of judgement and stipulated consent judgment are also on file. Unless the district judge grants the motion to set aside the parties settlement agreement Plaintiffs and Tosado have settled, and there are no discovery disputes to resolve, or further discovery to be conducted. Accordingly,
Having reviewed and considered the matter,
IT IS ORDERED that Plaintiffs' Motions (Dkt. ##88, 105) are DENIED WITHOUT PREJUDICE. Plaintiffs may request that the Motions be set for hearing if the district judge grants Plaintiffs' Motion for Leave to Set Aside Settlement Agreement.
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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE