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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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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PHH MORTGAGE SERVICES,

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Plaintiff,
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vs.
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WESTERN THRIFT & LOAN,
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Defendant.
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__________________________________________)

Case No. 2:10-cv-01626-PMP-PAL
ORDER

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On April 3, 2012, the court held a hearing on the parties’ Stipulation Regarding mediation (dkt

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#25) and Stipulation to Extend Deadline to Submit Joint Pretrial Order - Second Request (Dkt. #27),

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filed on March 30, 2012. Aimee Cannon appeared on behalf of Plaintiff PHH Mortgage Services, J.

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Robert Smith appeared for Defendant Western Thrift & Loan, and Ismial Amin appeared for Third

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Party Defendant Gerald Sandler.

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The stipulation for mediation proposes that a mediation before a magistrate judge take place but

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would allow any party to opt out. The stipulation to extend proposes an extension of the deadline to file

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the joint pretrial order until after a mediation which has not been scheduled. At the hearing counsel for

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Plaintiff and Defendant believed a mediation might be successful between these parties, but that it

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would likely not resolve the third party claims. Counsel for Third Party Defendant Sandler agreed his

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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

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district soon. Under these circumstances the court advised counsel that the district judge would

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automatically refer this matter to the undersigned for a mandatory settlement conference after the joint

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pretrial order has been filed and a trial date has been set

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Having reviewed and considered the matter,
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IT IS ORDERED:

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1.

The parties’ Stipulations (Dkt. ## 25 & 27) are DENIED.

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2.

The parties shall have until April 24, 2012, to file a Proposed Joint Pretrial Order which

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fully complies with Local Rules 16-3 & 16-4.
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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.

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________________________________________
PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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