Parsons et al v. Ryan et al

Filing 2667

ORDER: Because of the various moving parts in this case, including the Court's recent ruling on the definition of substantial noncompliance, the most prudent course is for the Court to address this topic at one of the March hearings so that the Court may hear the parties' current positions and thereupon issue its ruling. Signed by Magistrate Judge David K Duncan on 3/06/2018. (REK)

Download PDF
1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Victor Antonio Parsons, et al., No. CV-12-0601-PHX-DKD Plaintiffs, 10 11 v. 12 Charles L. Ryan, et al., 13 ORDER Defendants. 14 15 The governing Stipulation contains a dispute resolution process. Under that 16 process, Plaintiffs provide Defendants with a “Notice of Substantial Non-Compliance” 17 and then Defendants have 30 days to provide a written response. After receiving the 18 written response, the parties have 30 days to meet and confer. (Doc. 1185 at ¶ 30) If the 19 meet-and-confer process is not sufficient, the parties mediate their dispute. (Doc. 1185 at 20 ¶ 31) “If the dispute has not been resolved through mediation in conformity with this 21 Stipulation within sixty (60) calendar days, either party may file a motion to enforce the 22 Stipulation in the District Court.” (Doc. 1185 at ¶ 31) 23 The parties disagree about what this sentence means: Defendants argue that the 60 24 days runs from the date of the mediation and Plaintiffs argue that the clock starts with the 25 date of the Notice of Substantial Non-Compliance. (Docs. 2546, 2580) Although this 26 issue is now moot because more than 60 days has run from both dates, the Court 27 concludes that it should review this question because it is capable of repetition yet 28 evading review. 1 The Court agrees that both parties’ interpretation of the plain language is viable 2 and notes that at least one other interpretation is possible, namely that the mediation 3 would occur within 60 days of the meet-and-confer. 4 interpretations is the very definition of ambiguous. A sentence subject to three 5 The Court concludes that overreliance on the reference to 60 days risks putting 6 form over function. Reading the two dispute resolution paragraphs together, the Court 7 understands that the Stipulation’s process requires all questions of non-compliance to 8 complete both the meet-and-confer process and the mediation process. Only when both 9 have occurred is a Motion to Enforce ripe. 10 The Court expects that the parties have been, and will be, scheduling mediations 11 as soon as practicable. Further, in situations where Defendants need to obtain additional 12 information from their contractor, the Court expects that the parties can agree to a 13 timetable for follow-up so that only live disputes are presented to the Court. (Doc. 2546 14 at 3:5) 15 IT IS THEREFORE ORDERED that because of the various moving parts in this 16 case, including the Court’s recent ruling on the definition of substantial noncompliance, 17 the most prudent course is for the Court to address this topic at one of the March hearings 18 so that the Court may hear the parties’ current positions and thereupon issue its ruling. 19 Dated this 6th day of March, 2018. 20 21 22 23 24 25 26 27 28 -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?