Dillon Auto Sales, Inc v. Troutner

Filing 152

ORDER: The settlement conference, previously set for October 3, 2016, is cancelled.A Pretrial Conference will be held on 10/3/2016 at 03:00 PM by Internet/Telephonic Conferencing before Magistrate Judge Cheryl R. Zwart.Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DILLON AUTO SALES, INC.,
Plaintiff,

4:14CV104

vs.
ORDER
TERRY L. TROUTNER,
Defendant.
A pretrial conference was started on September 12, 2016, only two weeks after the
court entered its ruling on the parties’ cross-motions for summary judgment. At the time
of the pretrial conference, the parties stated they had not discussed settlement in light of
the court’s summary judgment rulings.

The pretrial conference was stayed and a

settlement conference was set.

Having now reviewed the parties’ respective settlement conference letters, the
court notes the parties’ positions remain very far apart. And no efforts have been made to
narrow that gap since the parties’ failed mediation, including after the court’s summary
judgment rulings refined and narrowed the issues for trial.

It appears the parties have been unwilling to discuss settlement unless ordered to
do so and in the absence of court assistance. Under such circumstances, the likelihood of
settlement is low, and the parties’ and court’s time would be better spent preparing for the
pretrial conference.

Accordingly,

IT IS ORDERED:
1)

The settlement conference, previously set for October 3, 2016, is cancelled.

2)
The Pretrial Conference is scheduled to be held before the undersigned
magistrate judge on October 3, 2016 at 3:00 p.m. Counsel shall use the telephonic and
internet conferencing instructions assigned to this case, (see Filing No. 97), to participate
in the conference. The court has retained the pretrial conference documents previously
submitted to the court. Any changes or additions to the parties’ proposed Pretrial
Conference Order and Exhibit List(s) must be emailed to [e-mail], in
either Word Perfect or Word format, by 5:00 p.m. on September 30, 2016.
September 29, 2016.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

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