Summer Resources, LLC v. Merchants Holding Company, LLC et al

Filing 68

ORDER denying 55 Motion for Referral to Mediation. Signed by Honorable James R. Marschewski on March 8, 2011. (sh)

Summer Resources, LLC v. Merchants Holding Company, LLC et al

Doc. 68

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION

CHARLES E. STILL, MEMBER SUMMER RESOURCES, LLC v. CASE NO. 2:10-CV-02074-RTD

PLAINTIFF

MERCHANTS HOLDING COMPANY, LLC and KIEWIT SOUTHERN COMPANY

DEFENDANTS

KIEWIT SOUTHERN COMPANY v. BLAKE CONSTRUCTION COMPANY, INC.

THIRD-PARTY PLAINTIFF

THIRD-PARTY DEFENDANT

MERCHANTS HOLDING COMPANY, LLC v. CONSTRUCTION & PROPERTY CONSULTANTS, INC.

THIRD-PARTY PLAINTIFF

THIRD-PARTY DEFENDANT

FORT SMITH PAVILION, LLC v. KIEWIT SOUTHERN COMPANY and BLAKE CONSTRUCTION COMPANY, INC.

CROSS-CLAIMANT

CROSS-DEFENDANTS

FORT SMITH PAVILION, LLC v. ROVANN LLC, MORRISON-SHIPLEY ENGINEERS, INC., and TERRACON CONSULTANTS, INC.

THIRD-PARTY PLAINTIFF

THIRD-PARTY DEFENDANTS

Dockets.Justia.com

ORDER
Before the Court is the Third Party Defendant, Construction and Property Consultants, Inc. Motion to Direct Mediation (ECF No. 55) filed on December 10, 2010. The Motion was referred to the undersigned on December 20, 2010 (ECF No. 56) and the court entered an Order directing the parties to confer and contact the court (ECF No. 56) on December 20, 2010. On December 22, 2010 the Plaintiff filed a Response (ECF No. 58) objecting to any mediation at the present time. On February 28, 2011 a Second Amended Complaint (ECF No. 66) was filed and an Unopposed Motion to Continue (ECF No. 67) was filed on March 2, 2011. The court finds the Motion to Direct Mediation is DENIED at this time as premature. Once the case has been reset for trial the court will enter and order setting the matter for a settlement conference.

IT IS SO ORDERED this 8th day of March 2011.

/s/ J. Marschewski
HONORABLE JAMES R. MARSCHEWSKI Chief United States Magistrate Judge