PHH Mortgage Services v. Western Thrift & Loan

Filing 29

ORDER Denying 25 and 27 Stipulations. Proposed Joint Pretrial Order due by 4/24/2012. Signed by Magistrate Judge Peggy A. Leen on 4/4/12. (Copies have been distributed pursuant to the NEF - ASB)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7 8 9 10 11 PHH MORTGAGE SERVICES, ) ) Plaintiff, ) ) vs. ) ) WESTERN THRIFT & LOAN, ) ) Defendant. ) __________________________________________) Case No. 2:10-cv-01626-PMP-PAL ORDER 12 13 On April 3, 2012, the court held a hearing on the parties’ Stipulation Regarding mediation (dkt 14 #25) and Stipulation to Extend Deadline to Submit Joint Pretrial Order - Second Request (Dkt. #27), 15 filed on March 30, 2012. Aimee Cannon appeared on behalf of Plaintiff PHH Mortgage Services, J. 16 Robert Smith appeared for Defendant Western Thrift & Loan, and Ismial Amin appeared for Third 17 Party Defendant Gerald Sandler. 18 The stipulation for mediation proposes that a mediation before a magistrate judge take place but 19 would allow any party to opt out. The stipulation to extend proposes an extension of the deadline to file 20 the joint pretrial order until after a mediation which has not been scheduled. At the hearing counsel for 21 Plaintiff and Defendant believed a mediation might be successful between these parties, but that it 22 would likely not resolve the third party claims. Counsel for Third Party Defendant Sandler agreed his 23 client was not in a position to settle at this time and was set to go to trial in a related case out of the 24 district soon. Under these circumstances the court advised counsel that the district judge would 25 automatically refer this matter to the undersigned for a mandatory settlement conference after the joint 26 pretrial order has been filed and a trial date has been set 27 28 Having reviewed and considered the matter, /// 1 IT IS ORDERED: 2 1. The parties’ Stipulations (Dkt. ## 25 & 27) are DENIED. 3 2. The parties shall have until April 24, 2012, to file a Proposed Joint Pretrial Order which 4 5 6 7 fully complies with Local Rules 16-3 & 16-4. 3. The disclosures required by Fed. R. Civ. P. 26(a)(3), and any objections thereto, shall be included in the parties Proposed Joint Pretrial Order. Dated this 4th day of April, 2012. 8 9 ________________________________________ PEGGY A. LEEN UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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