Nix v. Anka Behavioral Health, Inc.

Filing 34

ORDER denying without prejudice 30 Defendant's request for referral to early settlement conference. The parties shall proceed with private mediation as scheduled. Signed by Judge Thelton E. Henderson on 08/30/11. (tehlc3, COURT STAFF) (Filed on 8/30/2011)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 5 JULIE CARLSON, 6 NO. C10-3914 TEH Plaintiff, 7 v. 8 ANKA BEHAVIORAL HEALTH, INC., ORDER DENYING DEFENDANT’S REQUEST FOR REFERRAL TO EARLY SETTLEMENT CONFERENCE 9 Defendant. 11 For the Northern District of California United States District Court 10 12 This matter comes before the Court on Defendant Anka Behavioral Health, Inc.’s 13 request for referral to an early settlement conference with Magistrate Judge Joseph Spero. 14 Plaintiff Julie Carlson opposes the request on grounds that the parties have agreed to 15 participate in a private mediation, which has been scheduled for next month, and have 16 already paid the mediator’s fee. The Court held a telephonic case management conference 17 on August 29, 2011, and subsequently determined that Judge Spero is not available prior to 18 the parties’ scheduled mediation date. 19 After carefully considering the parties’ concerns, Defendant’s request is DENIED 20 without prejudice. The parties shall proceed with their scheduled mediation. If they are 21 unable to resolve their case at that time, they shall meet and confer regarding the desirability 22 of a settlement conference with a magistrate judge and shall address that issue in their joint 23 case management conference statement due on October 17, 2011. 24 25 IT IS SO ORDERED. 26 27 Dated: 08/30/11 28 THELTON E. HENDERSON, JUDGE UNITED STATES DISTRICT COURT

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