United States District Court, W.D. North Carolina, Asheville Division
CARLETON METCALF UNITED STATES MAGISTRATE JUDGE.
matter is before the Court sua sponte.
Pretrial Order and Case Management Plan was entered in this
matter on August 30, 2017 (Doc. 14) which, in part, directed
the parties to complete a mediated settlement conference by
May 15, 2018.
day of the deadline - May 15, 2018 - the parties filed a
Joint Motion for Extension of Time to Complete Mediation
(Doc. 18) requesting that the mediation deadline be extended
to June 15, 2018.
Joint Motion was granted by an Order entered the following
day. (Doc. 19).
August 7, 2018, a report regarding the outcome of mediation
had not been submitted and therefore the Court instructed
that such notice be filed by August 17, 2018. (Doc. 20).
reports from the mediator followed on August 17, 2018 (Doc.
21) and on August 31, 2018 (Doc. 22).
Report of Mediator was filed on September 29, 2018 and
advised that counsel for the parties had reported to the
mediator on September 28, 2018 that a settlement had been
reached. The Report further indicated that the mediator was
in the possession of a Mutual Release and Settlement
Agreement that had been executed by Plaintiff and was
awaiting execution by an official on behalf of Defendant.
Further, Defendant's counsel had confirmed to the
mediator that the case had been settled on the terms
reflected in the agreement. Finally, the Report stated that a
Stipulation of Dismissal with Prejudice would be executed by
counsel and filed with the Court. (Doc. 23).
October 1, 2018, an electronic notice was distributed
advising the parties that an agreement for entry of judgment
or a stipulation of dismissal was to be filed within 30 days.
day of the deadline - October 31, 2018 - the parties filed a
Joint Motion for Extension of Time to File Stipulation of
Dismissal (Doc. 24). The motion reported that
“Defendant experienced some administrative delays in
getting the agreement signed and implementing the terms of
the agreement” but that the parties believed those
issues had been resolved. The parties requested an additional
thirty days within which to file a stipulation of dismissal.
November 5, 2018, the undersigned granted the Joint Motion.
parties, however, did not make any filings by the extended
deadline of December 5, 2018.
on January 10, 2019, the Court directed the parties to file a
stipulation of dismissal or other closing document on or
before January 22, 2019. (Doc. 26). The Order of that date
expressly stated that failure to make such a filing would
result in the dismissal of this matter without prejudice.
the date of this Order, the parties have not filed a
stipulation of dismissal or any other type of closing
documentation. They have likewise made no other filing to