Housley v. Wells Fargo Bank, N.A.

Filing 21

ORDER by Magistrate Judge Stephan M. Vidmar DENYING 19 Plaintiff's Motion for a Settlement Conference without Prejudice (am)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO

JUDITH ANN HOUSLEY,
Plaintiff,
v.

No. 16-cv-0430 MV/SMV

WELLS FARGO BANK, N.A.,
Defendant.
ORDER DENYING PLAINTIFF’S REQUEST
FOR A SETTLEMENT CONFERENCE WITHOUT PREJUDICE
THIS MATTER is before the Court on Plaintiff’s “Request for a Settlement Hearing with
a Jury” [Doc. 19], filed on February 6, 2017.

It is not clear whether Plaintiff requests a

settlement conference (which of course, is confidential, and no jury is present), or whether she
requests a trial setting with a jury (which of course, is not a settlement conference at all).
Defendant interpreted Plaintiff’s filing as a request for a settlement conference, and Defendant is
opposed. [Doc. 20]. Defendant is convinced that this lawsuit is “frivolous,” id., and its Motion
to Dismiss on that basis is pending, [Doc. 8]. Defendant argues that a settlement conference at
this time—prior to ruling on the pending dispositive motions1—would be “premature” and
“futile.” Plaintiff did not reply, and the time for doing so has passed.
In this Court’s experience, settlement conferences in which one or more parties is not
ready to negotiate are rarely, if ever, productive. Accordingly, the Court will not order a

1

Plaintiff has also filed a Motion for Summary Judgment. [Doc. 11].

settlement conference at this time.2 See generally Fed. R. Civ. P. 16(a)(5) (authorizing but not
mandating settlement conferences). In the future, if both parties are interested in a settlement
conference, they should contact my chambers.
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that Plaintiff’s
“Request for a Settlement Hearing with a Jury” [Doc. 19] is DENIED without prejudice.
IT IS SO ORDERED.

_____________________________
STEPHAN M. VIDMAR
United States Magistrate Judge

2

To the extent that Plaintiff intended to request a trial setting, such setting, if necessary, will be handled by the
presiding judge in due course.

2