Henry et al v. Rizzolo et al

Filing 705

ORDER that Plaintiff's request that the settlement conference be reassigned to a different Magistrate Judge is DENIED. The settlement conference shall proceed on 1/25/2013 at 9:00 a.m. before Magistrate Judge Foley as previously ordered by the Court 667 . Signed by Judge Philip M. Pro on 12/21/2012. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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KIRK and AMY HENRY,

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Plaintiffs,
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vs.
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FREDRICK RIZZOLO aka
RICK RIZZOLO, an individual,
LISA RIZZOLO, an individual,
THE RICK AND LISA RIZZOLO
FAMILY TRUST,

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Defendants.

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2:08-CV-00635-PMP-GWF
ORDER

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Presently before the Court is Plaintiffs’ request that the upcoming settlement

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conference be reassigned to a different magistrate judge as set forth in the attached letter

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from Donald J. Campbell, Esq., counsel for Plaintiffs. Having read and considered the

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attached letter, and good cause appearing,

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IT IS ORDERED that Plaintiffs’ request that the settlement conference be

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reassigned to a different magistrate judge is hereby DENIED. Magistrate Judge Foley has

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presided over the entire pre-trial discovery process and is familiar with the facts of the case

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and legal issues raised. Only one non-dispositive motion remains to be adjudicated, and

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that motion is set for hearing before Judge Foley prior to the January 25, 2013, settlement

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conference. Moreover, trial is set for March 26, 2013. Reassignment of this case for the

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settlement conference would require a new magistrate judge to become familiar with the

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details of this case and to attempt to reschedule the settlement conference, potentially

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causing further delay in commencement of the trial.

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IT IS THEREFORE ORDERED that the settlement conference shall proceed on

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January 25, 2013, at 9:00 a.m. before Magistrate Judge Foley as previously ordered by the

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Court (Doc. #667).

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DATED: December 21, 2012

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PHILIP M. PRO
United States District Judge

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