Tracy v. US Bank Home Mortgage

Filing 86

ORDER Denying 85 Motion for Sanctions. Signed by Magistrate Judge George Foley, Jr on 8/31/16. (Copies have been distributed pursuant to the NEF - JM)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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ANTHONY M. TRACY,

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Plaintiff,
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vs.
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US BANK, HOME MORTGAGE, et al.,
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Defendants.
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__________________________________________)

Case No. 2:14-cv-02202-GMN-GWF
ORDER

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This matter is before the Court on Plaintiff’s Motion for Sanctions (ECF No. 85), filed on
August 29, 2016.
Plaintiff requests that the Court sanction Defendants for their failure to abide by the Court’s

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settlement scheduling order, which required Defendants to have their insurance carriers present at the

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settlement conference as well as all attorneys who planned on participating in the trial. See (ECF No.

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83). However, the Court does not find that sanctions are appropriate in this instance. Given the

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settlement demand made by Plaintiff during the settlement conference, the undersigned does not believe

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that there was any chance of settlement during the August 24, 2016 conference— even if Defendants’

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insurance carriers were present. In addition, the Court finds that Defendants were adequately

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represented at the settlement conference by individuals who had the authority to make a fair settlement.

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Accordingly,

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IT IS HEREBY ORDERED that Plaintiff’s Motion for Sanctions (ECF No. 85) is denied.

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DATED this 31st day of August, 2016.

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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge