Peetz v. Genentech, Inc. et al

Filing 137

MEMORANDUM AND ORDER - The defendants' motion to reschedule, (Filing No. 135 ), is granted. Within ten (10) days after the mediation, the parties shall contact the undersigned magistrate judge's chambers to re-schedule the conference call. The plaintiff's objection, (Filing No. 136 ), is denied as moot. Ordered by Magistrate Judge Cheryl R. Zwart. (AOA)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JESSE PEETZ,
Plaintiff,

8:10CV297

vs.
MEMORANDUM AND ORDER
GENENTECH, INC., a California corporation;
BIOGEN IDEC, INC., a Massachusetts
corporation; and DOES 1-25, residents of
California;
Defendants.
The parties agreed to mediate this case. Since then, they have disagreed on who would
serve as the mediator, what terms will govern the mediation, and when the court will confer with
the parties to learn the mediation outcome and, if necessary, set a trial date.
The mediation, originally set for April 14, was apparently delayed, and the telephonic
conference with the court is now set before the scheduled mediation. The defendant has moved
to continue the conference, (Filing No. 135), and the plaintiff objects to any continuance, stating
the parties must discuss “a discovery and trial progression calendar to resume promptly after
May 29 in the event that mediation fails.” (Filing No. 136).
The conference call was set to notify the court of the mediation outcome and, if
necessary, to schedule the pretrial conference and trial. If the parties wish to currently anticipate
a mediation failure and plan accordingly, they certainly may. But the court need not be involved
prior to the scheduled mediation.
If the parties engage in post-mediation case progression planning, they must keep in mind
that the trial of this case will be completed on or before August 29, 2014.
IT IS ORDERED:
1)
The defendants’ motion to reschedule, (Filing No. 135), is granted. Within ten
(10) days after the mediation, the parties shall contact the undersigned magistrate judge’s
chambers to re-schedule the conference call.
2)

The plaintiff’s objection, (Filing No. 136), is denied as moot.

April 7, 2014.

BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge