The following 2 assumptions are from your post and they are wrong...

3. Edig, thru DM, files a motion for an extension of time to reply to the motion filed by Vivitar's lawyers on their own behalf and to which Vivitar is not a party.

4. In that motion, Edig says "The Parties are engaged in attempts to work out a settlement." The parties of the motion at hand are Vivitar's lawyers and Edig. Vivitar is not a party to that motion, although the settlement these parties are making multiple "attempts" to "work out" is between Edig and Vivitar.

The law suit is EDIG v. VIVITAR... There is no side show going on in the Court of Judge WARD between the lawyers to which VIVTAR IS NOT A PARTY as you assert...

So the only PARTIES are EDIG and VIVITAR, and the "Settlement" is between them and not some sort of settlement between the lawyers who don't like each other or whatevert...

Gil...