Team Enterprises, LLC v. Western Investment Real Estate Trust et al

Filing 364

ORDER REQUIRING Plaintiff and Plaintiff's Primary Insurer to Participate in Further Mediation Session 363 , signed by Magistrate Judge Sandra M. Snyder on 7/29/2011. (Herman, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TEAM ENTERPRISES, LLC,

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1:08-cv-00872-LJO-SMS
ORDER REQUIRING PLAINTIFF
AND PLAINTIFF’S PRIMARY
INSURER TO PARTICIPATE IN
FURTHER MEDIATION SESSION
(Doc. 363)

Plaintiff,

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vs.

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WESTERN INVESTMENT REAL
ESTATE TRUST, et al.,

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Defendants.
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/

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This matter came on regularly for a telephonic status

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conference on July 26, 2011 at 11:00 a.m. before the Honorable

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Sandra M. Snyder, United States Magistrate Judge.

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Esq., of Greben & Associates appeared telephonically on behalf of

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Plaintiff, Team Enterprises.

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Greenberg Traurig, LLP, appeared telephonically on behalf of

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Defendants, PK II Century Center, LP, Pan Pacific Retail

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Properties, Inc., Kimco Realty Corporation, and Prudential Real

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Estate Investors.

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O’Donnell appeared telephonically on behalf of Defendants, John

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A. Branagh, Lynette F. Branagh, Gaylon C. Patterson, Marla J.

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Patterson, Modesto Center Investors, LP, and MC II, LP.

Jan A. Greben,

Rita M. Alliss Powers, Esq., of

Robert C. Goodman, Esq., of Rogers Joseph

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Frustration in abundance, all counsel related that the

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parties have reached a global accord in sessions with Mediator

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Randall Wulff save and except with regard to “an issue” relating

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to and/or impacting Team Enterprise’s primary insurer.

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counsel informed this Court that, absent Team’s primary insurer

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being willing to participate in follow-up mediation with Mr.

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Wulff, they will be forced to file motions to enforce the

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settlement.

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Defense

The United States District Court for the Eastern District of

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California sports the largest weighted caseload per judge in the

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entire United States.

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need to resolve short of trial.

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case by federal standards, and the undersigned has spent

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countless hours with all counsel resolving discovery disputes and

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focusing various arguments and positions with an eye on

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successful mediation.

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of all parties as well as the court.

Hence, it goes without saying, some cases
This particular action is an old

That, of course, is in the best interest

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Believing that all counsel, parties, and most carriers came

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to the mediation table in a cooperative mode and mood to resolve

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what surely has turned into massively expensive litigation for

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all concerned, to hear that one insurer “...refuses to

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participate in the settlement due to [an] issue...” with

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indications that further mediation will not help resolve the one

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remaining “issue” is nothing short of contemptuous if, indeed,

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that is true.

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Therefore, Team Enterprises, LLC, and its primary insurer

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are HEREBY ORDERED to IMMEDIATELY schedule further mediation with

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Randall Wulff, and to engage in open, cooperative, and especially
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conciliatory negotiations to attempt to reach a firm and final

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settlement in this case.

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the further mediation, but the parties themselves and the

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carriers for Defendants are not required to appear.

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Counsel for Defendants shall appear at

Should this Court learn from any source, including but not

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limited to defense counsel and/or Mediator Wulff, that the

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further mediation was not fruitful due to the recalcitrance of

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Team Enterprise’s “primary carrier,” contempt proceedings may

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well be scheduled by this Court.

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IT IS SO ORDERED.

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Dated:
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July 29, 2011

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

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