EAST ST. LOUIS – U.S. District Judge Stephen McGlynn plans to preside over a settlement conference on a claim that mechanical contractor Corrigan Brothers cheated former employee Michael Stone out of his pay.
District judges generally refer settlement conferences to magistrate judges.
On Sept. 6, McGlynn asked Corrigan Brothers and Stone to hold a settlement conference and stated he’d preside if they waived any objection.
They waived on Sept. 8, and he set it for Oct. 3.
C.J. Baricevic of Chatham and Baricevic in Belleville sued Corrigan Brothers for Stone at Madison County circuit court in 2020.
He named Corrigan employees Dawn Wallace and Dawn Carpenter as defendants and asserted federal jurisdiction over them as Illinois citizens.
Corrigan Brothers removed the complaint to district court on the basis of diverse citizenship as a Missouri corporation.
The company claimed Stone sued Wallace and Carpenter only to defeat federal jurisdiction, and McGlynn dismissed them.
Later he dismissed all claims against Corrigan Brothers but breach of contract.
This February, Corrigan Brothers moved to sanction Stone for discovery violations.
At a hearing in March, Baricevic stated Stone couldn’t effectively work with counsel and he appeared to suffer cognitively.
McGlynn held sanctions in abeyance and gave Corrigan Brothers time to file a dispositive motion.
Corrigan Brothers counsel Robert Golterman of the Lewis Rice firm in St. Louis moved for summary judgment in April.
He claimed Stone couldn’t establish elements of breach of contract through admissible evidence.
He filed his argument under seal.
Baricevic responded that he might replace the plaintiff and move to modify the discovery schedule upon denial of summary judgment.
Golterman replied that Baricevic tacitly admitted Stone had no evidence.
He claimed possible substitution of a party had no bearing on the motion.
McGlynn heard argument and advised Baricevic to submit a settlement demand.
Baricevic submitted it and Corrigan Brothers made a counter offer.
Baricevic made a new demand and Corrigan Brothers rejected it.
On July 27, Corrigan Brothers moved for a status conference.
“Based upon the disparity between the relative positions of the plaintiff and Corrigan Brothers, it is not believed that further negotiation will lead to a settlement in this case or that the case would benefit from mediation,” Golterman wrote.
McGlynn granted a conference by telephone and held it on Sept. 6.
He gave the parties 48 hours to advise whether they waived him conducting a settlement conference or preferred setting it before District Judge David Dugan.
They preferred McGlynn.
He hadn’t set a trial date as of Sept. 12.