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Case 5:19-cv-01607-JLS Document 36 Filed 01/03/20 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT


FOR THE EASTERN DISTRICT OF PENNSYLVANIA
________________________________________________
:
GETTING GRACE FILM, LLC :
a/k/a GETTING GRACE, LLC, :
:
Plaintiff, :
v. : CIVIL ACTION NO.
: 19-1607
HANOVER HOUSE, INC., et al., :
:
Defendants. :
________________________________________________:

ORDER

AND NOW, this 3rd day of January, 2020, upon consideration of Plaintiff’s

Motion for Sanctions Against Defendants (ECF No. 32) filed November 13, 2019,

IT IS ORDERED that the Motion for Sanctions is GRANTED as uncontested


pursuant to Rule 7.1(c) of the Rules of Civil Procedure for the United States District Court for
the Eastern District of Pennsylvania. 1
IT IS FURTHER ORDERED that Defendants shall pay to Plaintiff a sanction in
the amount of $6,669.10. The sum represents reimbursement of counsel fees and expenses to the
Plaintiff relative to the October 31, 2019 Settlement Conference, at which Defendant failed to
produce a representative 2, including the following:

1
Local Rule 7.1(c) provides in pertinent part that “any party opposing [a] motion may shall serve a brief in
opposition together with such answer or other response that may be appropriate, within fourteen (14) days after
service of the motion and supporting brief. In the absence of timely response, the motion may be granted as
uncontested…” E.D. Pa. R. Civ. P. 7.1(c). Plaintiff filed its Motion for Sanctions against Defendants on November
13, 2019. Thus, Defendant’s response was required to be filed by December 27, 2019. As of the date of the within
Order, Plaintiff has not responded to Defendants’ Motion for Sanctions. Accordingly, we grant Defendants’ Motion
for Sanctions as uncontested.
2
By Order dated June 21, 2019, the Honorable Henry S. Perkin, United States District Judge, entered a
Settlement Conference Scheduling Order by which he advised the parties that an in-person settlement conference
would be held on October 31, 2019 at the Edward N. Cahn United States Courthouse and Federal Building in
Allentown, PA. The order provided, in pertinent part, as follows:
… TRIAL COUNSEL SHALL APPEAR AND BRING WITH THEM ALL
PERSONS WHOSE CONSENT MAY BE NECESSARY TO SETTLE THIS
CASE. ALL PERSONS SHALL MEAN INSURANCE ADJUSTORS WITH
FULL AND UNLIMITED AUTHORITY TO SETTLE THE CASE, AS
WELL AS CLIENTS. PERSONS PRESENT MUST HAVE FULL AND
Case 5:19-cv-01607-JLS Document 36 Filed 01/03/20 Page 2 of 2

1. $4,930.00 in attorney’s fees related to Plaintiff’s attorneys’ preparation


for, and attendance at, the Settlement Conference on October 31, 2019;
2. $962.50 in attorney’s fees related to the preparation of the Motion for
Sanctions and associated documents; and
3. $776.60 in expenses related to clients’ travel to and from the Settlement
Conference.
BY THE COURT:

/s/ Jeffrey L. Schmehl


JEFFREY L. SCHMEHL
United States District Judge

UNLIMITED SETTLEMENT AUTHORITY AND MAY NOT CONFER


BY TELEPHONE WITH ANYONE TO SEEK ADDITIONAL
AUTHORITY.

FAILURE TO COMPLY WITH THIS ORDER MAY RESULT IN THE


IMPOSITION OF SANCTIONS.
See ECF. No. 18. The order further directed the parties to Judge Perkin’s Settlement Procedures
which mirror the order with the additional explanation that “[o]nly in exceptional circumstances,
Judge Perkin will permit [such a] person to participate in the conference by telephone.” Despite
Judge Perkin’s Order and Settlement Procedures, and without leave of the court, Defendants did
not produce any party representatives – clients or insurance adjusters – at the settlement
conference. Defendants were only represented in person by trial counsel at the Settlement
Conference.

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