Katynski v. Saint-Gobain Corp.

Filing 69

ORDER Denying 68 Stipulation. Proposed Joint Pretrial Order due by 5/28/2015. Signed by Magistrate Judge Peggy A. Leen on 5/18/2015. (Copies have been distributed pursuant to the NEF - DC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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ALLEN KATYNSKI,

Case No. 2:13-cv-00752-APG-PAL
Plaintiff,

ORDER

v.
CERTAINTEED GYPSUM
MANUFACTURING, INC.,
Defendant.

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Before the court is the parties’ Stipulation and Order to Extend Time for Filing Joint

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Pretrial Order (Dkt. #68) filed May 11, 2015, the last day to file the joint pretrial order after two

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extensions.

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The district judge entered an order granting and denying Defendant’s motion for

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summary judgment (Dkt. #63) on March 9, 2015. The order granted Defendant’s motion for

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summary judgment as to the second cause of action for breach of the implied covenant of good

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faith and fair dealing, and third cause of action for intentional infliction of emotional distress, but

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denied summary judgment on the first cause of action for wrongful discharge. The district judge

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also dismissed Saint-Gobain Corp. The parties requested and received two extensions to file the

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joint pretrial order, the first because of “scheduling difficulties”, and the second because

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“counsel for the parties wish to more aggressively pursue settlement negotiations.” This third

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extension was filed on the last day for filing the joint pretrial order and requests a further

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extension until June 11, 2015, because “counsel for the parties wish to continue to more

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aggressively pursue settlement negotiations, including the possible scheduling of private

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mediation.”

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The parties have not scheduled a private mediation, and it is unlikely that they will be

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able to schedule and complete a private mediation before the June 11, 2015, extension of the
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time to file a joint pretrial order they are again requesting. Once the joint pretrial order is filed,

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the parties will receive a trial date and the case will be automatically referred to the undersigned

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to conduct a mandatory settlement conference. While the parties may certainly schedule a

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private mediation, the court will not further delay the time for filing the joint pretrial order while

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the parties decide whether to settle or schedule a private mediation.

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IT IS ORDERED that the parties’ Stipulation to Extend Time for Filing Joint Pretrial

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Order (Dkt. #68) is DENIED, and the joint pretrial order shall be filed no later than May 28,

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2015. No further extensions will be allowed.

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DATED this 18th day of May, 2015.

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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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