Hernandez v. Vancouver City of et al

Filing 481

ORDER by Judge Benjamin H. Settle granting 464 Motion for Relief From Mediation and awarding fees to Defendants.(TG)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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8 ROLANDO HERNANDEZ,
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Plaintiff,

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v.

11 CITY OF VANCOUVER and MARK
TANNINEN,
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Defendants.
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CASE NO. C04-5539 BHS
ORDER GRANTING
PLAINTIFF’S MOTION AND
AWARDING FEES

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This matter comes before the Court on Plaintiff Rolando Hernandez’s
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(“Hernandez”) motion for relief from order setting mediation (Dkt. 464).
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On May 9, 2014, the parties filed a stipulated motion to extend the post-trial
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motion deadline because the parties were going to attempt post-trial alternative dispute
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resolution. Dkt. 452. On May 12, 2014, the Court entered an order granting the
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stipulated extension. Dkt. 453. On June 12, 2014, Hernandez filed a motion for relief
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from the Court’s order because, based on Defendants’ initial settlement offer, Hernandez
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ORDER - 1

1 has chosen not to participate in alternative dispute resolution. Dkt. 464. On June 19,
2 2014, Defendants responded. Dkt. 467. On June 27, 2014, Hernandez replied. Dkt. 469.
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If Hernandez declines to constructively participate in alternative dispute

4 resolution, then the Court is unable to force him to do so. Therefore, the Court GRANTS
5 Hernandez’s motion and the relevant deadline for post-trial motions shall be 28 days
6 from the date of this order. Moreover, Hernandez shall be responsible for all reasonable
7 fees incurred in preparation for post-trial mediation. Although Hernandez casts blame on
8 Defendants for the failed mediation, that mediation will never transpire because Plaintiff
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IT IS SO ORDERED.

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Dated this 7th day of July, 2014.

A

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BENJAMIN H. SETTLE
United States District Judge

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ORDER - 2