M&I Bank, FSB v Paradise Investors Group LLC et al

Filing 32

ORDER that the currently pending motion to strike jury demand 15 and the currently pending motion for partial summary judgment 16 are DENIED as moot. The hearing currently set for February 2, 2012 is VACATED. Signed by Judge James C. Mahan on 1/30/12. (Copies have been distributed pursuant to the NEF - ECS)

1
2
3
4
UNITED STATES DISTRICT COURT
5
DISTRICT OF NEVADA
6
7
8

M&I BANK, FSB,

9
10
11
12
13

2:11-CV-21 JCM (VCF)

Plaintiff,
v.
PARADISE INVESTORS GROUP,
LLC, et al.,
Defendants.

14
15

ORDER

16

Presently before the court is plaintiff’s notice of settlement (doc. #31), advising this court that

17

the parties have reached a resolution to their dispute and requesting that this court vacate its February

18

2, 2012 summary judgment hearing. The parties further request that the court set a status conference

19

regarding the settlement agreement to resolve an “impasse [that] has arisen with regard to several

20

terms of the [settlement m]emorandum.” Notice 2:3.

21

This court finds it appropriate to vacate the summary judgment hearing, because the pending

22

motions have been rendered moot in light of the settlement. However, the court is not inclined to

23

preside over what amounts to a settlement conference between the parties.

24

such a context risks the court becoming involved in aspects of the case that may impinge on the

25

court’s impartiality should future motions or proceedings arise in the litigation. Second, the local

26

rules for the District of Nevada dictate that the magistrate judges preside over settlement

27

conferences. See LR IB 1-9(b).

28
James C. Mahan
U.S. District Judge

First, intervening in

1

Accordingly,

2

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the currently pending

3

motion to strike jury demand (doc. #15) and the currently pending motion for partial summary

4

judgment (doc. #16) be, and the same hereby are, DENIED as moot.

5
6
7

IT IS FURTHER ORDERED that the hearing currently set for February 2, 2012, be
VACATED.
DATED January 30, 2012.

8
9
UNITED STATES DISTRICT JUDGE
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
James C. Mahan
U.S. District Judge

-2-