H&E Equipment Services Incorporated v. Ryberg et al
Filing
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ORDER; RE: Settlement Conference, Motion for Reconsideration, Motion to Quash, Motion to Proceed with Next Step in Litigation. Signed by Judge James A Soto on 4/19/17.(JAS, kr)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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H & E Equipment Services, Inc.
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Plaintiff,
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vs.
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Brad Ryberg, et al.
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Defendants.
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No. CV 17-82-TUC-JAS
ORDER
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The Court has reviewed Defendants’ “request for referral to magistrate judge for early
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settlement conference” (Doc. 26), Plaintiff’s response, and Defendants’ reply. In addition,
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the Court has reviewed the parties’ briefs pertaining to the motion for injunctive relief and
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the motion to reconsider as to discovery.
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As a review of the record shows that both parties would benefit from a settlement
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conference in this case, Defendants’ “request for referral to magistrate judge for early
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settlement conference” (Doc. 26) is granted.
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Although the Court can not force any party to settle, it is within the Court's authority to
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compel the parties to engage in settlement negotiations. See, e.g., Goss Graphics Systems,
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Inc. v. Dev Industries, Inc., 267 F.3d 624, 627 (7th Cir. 2001)("Federal courts do have
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authority to require parties to engage in settlement negotiations . . ."); G. Heileman Brewing
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Co., Inc. v. Joseph Oat Corp., 871 F.2d 648, 652-53 (7th Cir.1989)(en banc)(finding that the
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district court had the authority to order a represented corporate litigant to personally appear
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at a settlement conference and affirming the district court’s imposition of sanctions as a
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corporate representative with the authority to enter into a settlement agreement failed to
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personally appear at the court-ordered settlement conference); In re Novak, 932 F.2d 1397,
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1407 (11th Cir. 1991)("[T]he power to direct parties to produce individuals with full
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settlement authority at pretrial settlement conferences is inherent in the district courts.");
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Fed.R.Civ.P. 16 (granting the Court wide discretion in managing the pretrial phase of a case
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which includes the authority to issue orders facilitating early settlement of a case); Fed.
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R.App. P. 33 (“The court may direct the attorneys--and, when appropriate, the parties--to
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participate in one or more conferences to address any matter that may aid in disposing of the
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proceedings, including simplifying the issues and discussing settlement.”); 28 U.S.C.
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473(b)(5)(“[E]ach United States district court . . . may include the following litigation
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management and cost and delay reduction techniques . . . a requirement that, upon notice by
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the court, representatives of the parties with authority to bind them in settlement discussions
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be present . . . during any settlement conference.”).
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As such, IT IS HEREBY ORDERED that the parties shall participate in a settlement
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conference before United States Magistrate Judge Bruce Macdonald. Magistrate Judge
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Macdonald shall conduct the settlement conference and the parties shall comply with any
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requirements imposed by Magistrate Judge Macdonald in relation to the settlement
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conference. Within seven days of the filing date of this Order, the parties shall jointly
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contact Magistrate Judge Macdonald’s chambers at 520-205-4520 to schedule the settlement
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conference. When the parties receive a date for the settlement conference, the parties shall
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forthwith file a notice with the Court as to when the settlement conference will occur. Within
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three days of the conclusion of the settlement conference, the parties shall file a document
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with the Court stating whether or not the case settled.
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If the case does not settle, within 30 days of the filing of the notice of non-settlement, the
Court will hold an evidentiary hearing as to Plaintiff’s motion seeking injunctive relief.
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As to the motion for reconsideration, it is granted in part and denied in part as the Court
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will permit very limited discovery prior to the evidentiary hearing only if the settlement
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conference is unsuccessful. If the case does not settle, the Court will set an evidentiary
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hearing approximately three to four weeks after it receives the notice of non-settlement.
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During the interim period before the hearing (and after the unsuccessful settlement
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conference), Plaintiff shall have the right to depose Defendants, and Defendants shall make
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themselves available for depositions at least 7 days before the evidentiary hearing.
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Lastly, the motion to quash (Doc. 24) is denied as moot as the parties have resolved the
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dispute, and Plaintiff’s motion to proceed to the next step of litigation (Doc. 40) is granted
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in part only to the extent the Court has addressed the next steps that will occur in this
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litigation in this Order.
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DATED this 19th day of April, 2017.
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