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    Payne Motion To Stay

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    imjordann
    The parties have reached a confidential settlement agreement to resolve the case. They request the court stay the case until December 31, 2024 to allow completion of obligations in the settlement agreement. If obligations are met, the parties will dismiss the case with prejudice.

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    Payne Motion To Stay

    Uploaded by

    imjordann
    26 views5 pages
    The parties have reached a confidential settlement agreement to resolve the case. They request the court stay the case until December 31, 2024 to allow completion of obligations in the settlement agreement. If obligations are met, the parties will dismiss the case with prejudice.

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    Payne motion to stay

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    Payne motion to stay

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    The parties have reached a confidential settlement agreement to resolve the case. They request the court stay the case until December 31, 2024 to allow completion of obligations in the settlement agreement. If obligations are met, the parties will dismiss the case with prejudice.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    26 views5 pages

    Payne Motion To Stay

    Uploaded by

    imjordann
    The parties have reached a confidential settlement agreement to resolve the case. They request the court stay the case until December 31, 2024 to allow completion of obligations in the settlement agreement. If obligations are met, the parties will dismiss the case with prejudice.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 5

    Case 2:22-cv-02433-HLT-BGS Document 113 Filed 04/09/24 Page 1 of 5

    UNITED STATES DISTRICT COURT


    DISTRICT OF KANSAS

    NATHAN BARNS, et. al, )


    )
    Plaintiffs, ) Case No. 2:22-cv-02433-HLT-BGS
    )
    v. )
    )
    LAWRENCE PAYNE et. al, )
    )
    Defendants. )

    JOINT MOTION TO STAY THIS ACTION

    Plaintiffs, Nathan Barns, Susannah Kilpatrick, and Darren Kilpatrick, and

    Defendants, Lawrence Payne and Patricia Payne (collectively “Parties”), hereby jointly move for

    an Order staying this action pending completion of the terms and conditions of settlement

    reached by the parties. In support of this motion, the Parties hereby state as follows:

    1. On February 1, 2024, after a lengthy status conference with Magistrate Judge

    Severson, the Parties were ordered to participate in a mediation on March 6, 2024. Doc. 107.

    2. The Parties filed a Joint Mediation Notice on February 2, 2024 notifying the

    Court that they had agreed to mediate on March 6, 2024 with Judge Jay Daugherty. Doc. 109.

    3. The Parties participated in a mediation with Judge Daugherty on March 6, 2024.

    Although no settlement was reached at the mediation, the parties continued to communicate with

    Judge Daugherty following the mediation and exchanged settlement offers.

    4. On April 8, 2024, the Parties entered into a Confidential Settlement Agreement

    (“Agreement”), the terms of which the Parties have agreed to keep confidential. Pursuant to the

    Agreement, the Parties have agreed that they each have certain rights and obligations that are to

    be completed between now and December 31, 2024.

    1
    Case 2:22-cv-02433-HLT-BGS Document 113 Filed 04/09/24 Page 2 of 5

    5. Upon the completion of certain obligations required by the Agreement, the Parties

    have agreed to mutually release each other from all claims they have or could have asserted

    against each other and to file a Joint Stipulation of Dismissal With Prejudice pursuant to Fed. R.

    Civ. P. 41(a)(1)(A)(ii).

    6. In the Agreement, the Parties agreed to file this Joint Motion to Stay this Action

    because they agree it is in their best interest, and in the interest of judicial efficiency and

    economy, to stay this action pending performance of the rights and obligations in the Agreement.

    Pursuant to the terms of the Agreement, if the Court refuses to stay this action, the Agreement is

    null and void and the action will continue at significant cost and expense to the Parties.

    7. The Federal Rules of Civil Procedure “should be construed, administered, and

    employed by the court and the parties to secure the just, speedy, and inexpensive determination

    of every action and proceeding.” Fed. R. Civ. P. 1. Pursuant to Fed. R. Civ. P. 16, the Court has

    the authority to modify a schedule for good cause. Additionally, under Fed. R. Civ. P.

    16(c)(2)(I), the Court may consider and take appropriate action at any pretrial conference on

    certain matters, including “settling the case and using special procedures to assist in resolving the

    dispute[.]” Here, granting a stay furthers the goals of Rule 1 and Rule 16 because a stay allows

    the Parties to avoid the cost of continued litigation while focusing their energy and resources on

    meeting the obligations in the Agreement that will result in the resolution of this dispute.

    Additionally, there is currently not a scheduling order in place, as the parties were to propose an

    amended scheduling order by April 9, 2024. Doc. 112.

    8. The Parties agree that if there is a default of any of the obligations under the

    Agreement, the non-defaulting party will advise the Court and the stay may be lifted.

    2
    Case 2:22-cv-02433-HLT-BGS Document 113 Filed 04/09/24 Page 3 of 5

    Accordingly, for good cause shown, and based on the agreement of the Parties, the

    Parties jointly request that the Court enter an Order staying this action until further order of the

    Court in light of the pending Settlement Agreement.

    Respectfully Submitted,

    /s/ Barry R. Lax__________


    Barry R. Lax (admitted pro hac)
    Robert R. Miller (admitted pro hac)
    Lax & Neville LLP
    350 Fifth Avenue, Suite 4640
    New York, NY 10118
    Telephone: 212.696.1999
    [email protected]
    [email protected]

    Brian E. Sobczyk, KS #21046


    Stinson LLP
    1201 Walnut Street, Suite 2900
    Kansas City, MO 64106
    Telephone: 816.842.8600
    [email protected]

    Attorneys for Plaintiffs

    /s/ Paul D. Snyder


    Paul D. Snyder, Kansas #14537
    SNYDER LAW FIRM LLC
    10955 Lowell Ave., Suite 710
    Overland Park, KS 66210-2447
    Telephone: (913) 685-3900
    [email protected]

    /s/ William D. Beil


    William D. Beil KS #18072
    Catherine D. Singer KS #26271
    GM LAW PC
    1201 Walnut Street, Suite 2000
    Kansas City, MO 64106
    Phone: 816-471-7700
    Fax: 816-471-2221

    3
    Case 2:22-cv-02433-HLT-BGS Document 113 Filed 04/09/24 Page 4 of 5

    [email protected]
    [email protected]

    Attorneys for Defendants

    4
    Case 2:22-cv-02433-HLT-BGS Document 113 Filed 04/09/24 Page 5 of 5

    CERTIFICATE OF SERVICE

    The undersigned hereby certify the foregoing was electronically filed on the 9th day of April,
    2024 via the Court’s CM/ECF filing system which will send notice to all counsel of record.

    /s/ William D. Beil__________


    William D. Beil

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