Hanover Insurance Company v. Mason McDuffie Real Estate, Inc. et al

Filing 38

ORDER RE ADR PROCESS. Case Management Statement due by 8/8/2016. Initial Case Management Conference set for 8/17/2016 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco. Signed by Judge Jon S. Tigar on June 21, 2016. (wsn, COURT STAFF) (Filed on 6/21/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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HANOVER INSURANCE COMPANY,

Case No. 16-cv-01114-JST

Plaintiff,
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v.

ORDER RE ADR PROCESS

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United States District Court
Northern District of California

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MASON MCDUFFIE REAL ESTATE,
INC., et al.,
Defendants.

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On March 15, 2016, the Court issued an Order Setting Initial Case Management

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Conference and ADR Deadlines. ECF No. 12. That order required the parties to, inter alia, “file

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either [a] Stipulation to ADR Process or Notice of Need for ADR Phone Conference” by May 17,

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2016. Id. at 2. The parties have not complied with this deadline.

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By separate order, the Court set a Case Management Conference on June 22, 2016 at 2:00

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p.m. ECF No. 34. In the Joint Case Management Statement filed in anticipation of that

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conference, the parties stated,

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Because of the nature of this dispute, the parties do not anticipate
settlement of this action and do not believe that ADR will be
effective at this time. Nonetheless, in compliance with local rules,
the parties have agreed to submit to a settlement conference with a
magistrate in this matter.
ECF No. 36 at 6.
The parties cannot simply “agree” to participate in a settlement conference with a
Magistrate Judge. ADR Local Rule 3-5(c)(2) provides,
If the parties are unable to agree on an ADR process, or if the parties
believe that a settlement conference with a Magistrate Judge is
appreciably more likely to meet their needs than any other form of
ADR, they must file a "Notice of Need for ADR Phone
Conference."

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The parties have not filed such a notice.
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The Case Management Conference scheduled for June 22, 2016 is continued to August 17,
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2016 at 2:00 p.m. An updated Joint Case Management Statement is due by August 8, 2016. The
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parties are ordered to file either a Stipulation to ADR Process or Notice of Need for ADR Phone
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Conference by June 28, 2016. They are also ordered to familiarize themselves with the Court’s
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local rules.
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IT IS SO ORDERED.
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Dated: June 21, 2016
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______________________________________
JON S. TIGAR
United States District Judge

United States District Court
Northern District of California

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