Cellco Partnership v. Hope et al

Filing 181

ORDER, denying Defendants' 180 Motion to Modify Settlement Conference Order. Signed by Magistrate Judge Lawrence O Anderson on 9/23/11.(REW)

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WO

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Cellco Partnership d/b/a Verizona
Wireless,

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Plaintiff,
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vs.
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Jason R. Hope, et al.,
Defendants.

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No. CV-11-432-PHX-DGC
ORDER

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On June 23, 2011, this matter was randomly assigned to the undersigned

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Magistrate Judge for purposes of conducting a settlement conference. (Doc. 153) On

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July 7, 2011, the undersigned issued a Settlement Conference Order scheduling a

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settlement conference for October 4, 2011. (Doc. 158)

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Defendants have filed a motion seeking a modification of the settlement

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conference order to allow Defendants’ insurance representative to appear telephonically

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and to state that Defendants’ settlement memorandum be confidential and submitted

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solely to the mediator. (Doc. 180)

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Federal Rule of Civil Procedure 16 authorizes the district court to control its

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cases “toward a process of judicial management that embraces the entire pretrial phase,

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especially motions and discovery.” See In re Arizona, 528 F.3d 652, 657 (9th Cir. 2009)

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(quoting Fed.R.Civ.P. 16 advisory committee’s note, 1983 Amendment). After

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consideration of this matter, the Court will deny Defendants’ motion pursuant to its

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inherent authority to manage its cases. F.J. Hanshaw Enters., Inc. v. Emerald River

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Dev., Inc., 244 F.3d 1128, 1136 (9th Cir.2001) (recognizing that “all federal courts are

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vested with inherent powers enabling them to manage their cases and courtrooms

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effectively and to ensure obedience to their orders.”).

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Accordingly,

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IT IS ORDERED that Defendants’ Motion to Modify Settlement

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Conference Order, doc. 180, is DENIED.
DATED this 23rd day of September, 2011.

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