UBS Financial Services, Inc v. Carolyn Garrett et al

Filing 115

ORDERED that Garrett's # 112 Amended Motion for Certificate of Appealability is DENIED without prejudice. IT IS FURTHER ORDERED that Garrett's # 113 Motion to Vacate the Settlement Conference is DENIED. The settlement conference shal l continue as planned before Magistrate Judge McQuaid on August 25, 2015, at 9:00 am in a Reno Courtroom to be determined, Bruce R. Thompson U.S. Courthouse and Federal Building, 400 South Virginia Street, Reno, Nevada. Signed by Judge Larry R. Hicks on 8/13/2015. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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*****

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CAROLYN GARRETT,

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Plaintiff,

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vs.

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GARRETT BULLOCK; DIANN MARTIN;
CATHERINE HINTZEN; JASON
GARRETT,

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Defendants.

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) 3:14-cv-00141-LRH-WGC
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) ORDER
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On July 17, 2015, the Court held a hearing before District Judge Larry R. Hicks and

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Magistrate Judge William G. Cobb. Carolyn Garrett (“Garrett”), Garrett Bullock, Diann Martin,

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Catherine Hintzen Garrison, and Jason Garrett all appeared telephonically. The Court suggested

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to the parties that referring this case to a Magistrate Judge for settlement conference would be

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helpful in resolving the parties’ claims. All parties agreed, and the Court stated that it would stay

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this case pending the forthcoming settlement conference before Magistrate Judge Robert A.

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McQuaid. Thereafter, the Court entered an Order referring the case to Magistrate Judge

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McQuaid. See Doc. #109.1

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After the Court entered this Order, Garrett notified the Court that she no longer agreed to

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participate in a settlement conference (Doc. #113), and filed an amended Motion for Certificate

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of Appealability (Doc. #112). Both of these Motions are denied. The Court has made no rulings

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that justify an interlocutory appeal, and it appears that no issues justifying an interlocutory appeal

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Refers to the Court’s docket number.

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are likely to arise. Thus, it appears that unless the parties settle, this case will proceed to trial,

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after which any aggrieved party would have an absolute right to appeal any final judgment.2

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Magistrate Judge McQuaid has scheduled a settlement conference for Tuesday, August

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25, 2015, at 9:00 am in a Reno Courtroom to be determined, Bruce R. Thompson U.S.

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Courthouse and Federal Building, 400 South Virginia Street, Reno, Nevada. Doc. #114. This

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settlement conference will occur as scheduled. The Court strongly recommends that all parties

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appear in person to participate in the settlement conference before Magistrate Judge McQuaid.

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IT IS THEREFORE ORDERED that Garrett’s Amended Motion for Certificate of
Appealability (Doc. #112) is DENIED without prejudice.

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IT IS FURTHER ORDERED that Garrett’s Motion to Vacate the Settlement Conference

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(Doc. #113) is DENIED. The settlement conference shall continue as planned before Magistrate

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Judge McQuaid on August 25, 2015, at 9:00 am in a Reno Courtroom to be determined, Bruce R.

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Thompson U.S. Courthouse and Federal Building, 400 South Virginia Street, Reno, Nevada.

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IT IS SO ORDERED.

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DATED this 13th day of August, 2015.

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________________________________
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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The Court notes that if the case does not settle, then the case will proceed to trial and be
decided based upon the evidence and witnesses presented.

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