Rodriguez v. Corral West Jordan
Filing
55
MEMORANDUM DECISION denying without prejudice 50 Motion to Amend/Correct; denying without prejudice 50 Motion for Hearing. Because there is a pending motion before Judge Benson for a scheduling conference to set this matter for a final pretrial conference and for trial, these issues may be raised and reconsidered by Judge Benson at that conference. Signed by Magistrate Judge Paul M. Warner on 6/30/15. (jlw)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH CENTRAL DIVISION
MARIA RODRIGUEZ, an individual,
MEMORANDUM DECISION AND
ORDER
Plaintiff,
v.
Case No. 2:13cv634
CORRAL WEST JORDAN, LLC, a Utah
limited liability company, dba GOLDEN
CORRAL WEST JORDAN,
Defendant.
District Judge Dee Benson
Magistrate Judge Paul M. Warner
This matter was referred to Magistrate Judge Paul M. Warner by District Judge Dee
Benson pursuant to 28 U.S.C. § 636(b)(1)(A).1 Before the court is Corral West Jordan, LLC’s
(“Defendant”) motion for a scheduling conference, to amend pretrial disclosures, and to amend
the deadline for the special attorney conference.2
The court has carefully reviewed the motion and memoranda submitted by the parties.
Pursuant to civil rule 7-1(f) of the United States District Court for the District of Utah Rules of
Practice, the court elects to determine the motion on the basis of the written memoranda and
finds that oral argument would not be helpful or necessary. See DUCivR 7-1(f).
Defendant seeks an order (1) referring this case to a district or magistrate judge for a
settlement conference, (2) requiring the parties to amend their pretrial disclosures, and (3)
1
See docket no. 17.
2
See docket no. 50.
amending the scheduling order to set a new deadline for the special attorney conference.
Defendant asserts that the order granting its motion for summary judgment on two of Maria
Rodriguez’s (“Plaintiff”) three claims narrowed the scope of this case dramatically. With only
one claim remaining, Defendant contends that a settlement conference may help the parties come
to an agreement to settle this case.
Plaintiff opposes Defendant’s motion for two reasons. First, Plaintiff contends that there
is not a realistic possibility for settlement in this case, and, as such, requiring the parties to
appear for a settlement conference would be a waste of time and resources. Second, Plaintiff
asserts that because the original number of exhibits and witnesses disclosed is relatively small,
requiring the parties to amend their pretrial disclosures unnecessary. Plaintiff argues that
Defendant may make its objections to her proposed exhibits or witnesses at trial. Plaintiff did
not state whether she opposes amending the scheduling order to extend the deadline for the
special attorney conference.
This court will not order a party to attend a settlement conference when that party has
indicated a clear objection to doing so. Accordingly, Defendant’s motion with respect to the
settlement conference referral is DENIED WITHOUT PREJUDICE. That said, this court
strongly encourages Plaintiff to reconsider her position on settlement. In addition, Defendant’s
motion with respect to amending the parties’ pretrial disclosures, as well as extending the
deadline for the special attorney conference, is likewise DENIED WITHOUT PREJUDICE.
Because there is a pending motion before Judge Benson for a scheduling conference to set this
2
matter for a final pretrial conference and for trial,3 these issues may be raised and reconsidered
by Judge Benson at that conference.
IT IS SO ORDERED.
DATED this 30th day of June, 2015.
BY THE COURT:
________________________________
PAUL M. WARNER
United States Magistrate Judge
3
See docket no. 54.
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?