Blackwelder v. Thornton et al

Filing 50

ORDER. IT IS ORDERED that 46 Plaintiff's Request to Cancel the 1/26/17, Settlement Conference to be Conducted by The Hon. Carl. W. Hoffman, U.S. Magistrate Court Judge is GRANTED. Signed by Magistrate Judge Peggy A. Leen on 1/23/17. (Copies have been distributed pursuant to the NEF - MR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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DONALD BLACKWELDER,

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v.

Case No. 2:15-cv-02373-JAD-PAL
Plaintiff,

ORDER
(Mot. Cancel SC – ECF No. 46)

CHARLES THORNTON, et al.,
Defendants.

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Before the court is Plaintiff’s Request to Cancel the January 26, 2017, Settlement

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Conference to be Conducted by The Honorable Carl W. Hoffman, U.S. Magistrate Court Judge

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(ECF No. 46). The court has reviewed the motion, and Defendants’ Responses (ECF Nos. 48, 49).

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On October 4, 2016, the parties submitted a Stipulation for Settlement Conference (ECF

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No. 33) which the court granted in an Order (ECF No.35) entered the following day. The Order

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(ECF No. 34) initially set the settlement conference for January 6, 2017. Due to the scheduling

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needs of the court, the court entered an Order (ECF No. 41) continuing the settlement conference

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to January 26, 2017, before The Honorable Judge Hoffman.

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The instant motion was filed a week before the scheduled settlement conference. Plaintiff

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states that “the case is not ready for the settlement conference, and will not be ready by the time

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of the scheduled settlement conference” as further discovery needs to be completed. Motion (ECF

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No. 46), 3:2-4. Additionally, the parties have discovery disputes. Finally, Defendants have

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consistently represented to the Court and counsel for Plaintiff that related litigation in New Jersey

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has been settled, but recently advised that the case has not settled and is set for trial in mid-February

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2017. Plaintiff therefore believes “any settlement of the instant case requires discovery of these

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contradictory contentions; perhaps even to await the outcome of the New Jersey trial”.

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Defendants Brian Howells and Aecos, Ltd. responded to the motion stating that Plaintiff’s

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desire to complete discovery is contrary to earlier statements Plaintiff made that a settlement

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conference would hopefully avoid further the costs and expenses associated with discovery.

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Furthermore, the late date in which the motion to cancel was filed forced Defendants to incur fees

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and costs related to submitting a timely confidential settlement statement. However, Defendants

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Howells and Aecos, Ltd. do no oppose vacating the settlement conference because any settlement

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conference the Plaintiff attends involuntarily is not likely to be successful.

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Defendant Charles Thornton also does not oppose the motion as it appears the parties are

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not prepared to engage in settlement discussions. However, Thornton believes that a mandatory

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settlement conference would be productive in resolving this case. He requests resetting the

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settlement conference on a date certain within the next 90 to 120 days “to allow the parties to

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conduct minimally necessary factual investigation.”

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The court has an unusually high volume of cases referred for an ENE as well as cases

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referred by the district judges for mandatory settlement conferences. Requesting to continue the

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settlement conference a week before the scheduled conference is to take place, especially where

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the parties have stipulated to the conference and it has been set for several months, is discourteous

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and delays other parties waiting their turn for an earlier available date. The court will grant the

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motion, but will not reschedule the settlement conference until after the close of discovery,

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dispositive motions have been decided, and the case is referred by the district judge.

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IT IS ORDERED that Plaintiff’s Request to Cancel the January 26, 2017, Settlement

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Conference to be Conducted by The Hon. Carl. W. Hoffman, U.S. Magistrate Court Judge (ECF

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No. 46) is GRANTED.

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DATED this 23rd day of January, 2017.

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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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