The Erection Company v. Archer Western Contractors, LLC et al

Filing 227

ORDER that all parties in this matter shall file a stipulation, no later than July 25, 2014, including three dates on which all parties and other required attendees are available for the settlement conference. Signed by Magistrate Judge Nancy J. Koppe on 7/21/14. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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THE ERECTION COMPANY, et al.,

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Plaintiffs,

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v.

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ARCHER WESTERN CONTRACTORS, et al.,

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Defendants.

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Case No. 2:12-cv-00612-MMD-NJK
ORDER

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On July 10, 2014, United States District Judge Miranda M. Du ordered the parties in this matter

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to schedule a settlement conference with the undersigned. Docket No. 224. Judge Du further ordered

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the parties to contact the undersigned within seven days with proposed dates for the settlement

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conference. Id.

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On July 18, 2014, the parties filed a statement of dates which contained a chart of agreed-upon

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dates for only Plaintiff Erection Company, Defendant Postel and Defendant Archer. Docket No. 226.

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The parties stated that dates for Defendant and Third-Party Defendant Travelers Casualty & Surety

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Company of America (“Travelers”) were not included in the chart of potential dates because Travelers

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had asked the other parties to be excused from the settlement conference, and the “parties are

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considering this request.” Id., at 3, n. 1. Additionally, no date was submitted on which Travelers,

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Plaintiff Erection Company, Defendant Postel and Defendant Archer all agreed. Id.

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Judge Du’s Order explicitly stated that the parties in this matter are to schedule a settlement

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conference with the Court. Docket No. 224. Additionally, the undersigned requires the presence at

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settlement conferences, unless excused by the Court, of all counsel of record who will be participating

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in the trial; all individual parties; in the case of non-individual parties, an officer or representative with

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binding authority to settle this matter up to the full amount of the claim or last demand made; and if any

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party is subject to coverage by an insurance carrier, a representative of the insurance carrier with

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authority to settle this matter up to the full amount of the claim or last demand. The Court has not

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excused any party from attendance at the settlement conference; indeed, no such request has been made

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to the Court.

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The Court has been made aware by the parties that they cannot agree upon five mutually

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acceptable dates for the settlement conference. Docket No. 226, at 3. Accordingly, all parties in this

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matter shall file a stipulation, no later than July 25, 2014, including three dates on which all parties and

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other required attendees are available for the settlement conference.

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IT IS SO ORDERED.

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DATED: July 21, 2014.

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge

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