Clark County Bancorporation v. Federal Deposit Insurance Corporation et al

Filing 95

ORDER denying 89 Motion for Mediation by Judge Benjamin H. Settle.(TG)

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1 2 3 4 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 5 6 7 CLARK COUNTY 8 BANCORPORATION, Plaintiff, 9 v. 10 11 12 CASE NO. C14-5816 BHS ORDER DENYING PLAINTIFF’S MOTION FOR MEDIATION FEDERAL DEPOSIT INSURANCE CORPORATION, AS RECEIVER FOR BANK OF CLARK COUNTY, Defendant. 13 14 This matter comes before the Court on Plaintiff Clark County Bancorporation’s 15 (“CCB”) renewed motion for mediation (Dkt. 89). 16 On February 10, 2016, CCB filed the instant motion requesting that the Court 17 enter an order of mediation. Id. On February 22, 2016, Defendant Federal Deposit 18 Insurance Corporation-Receiver (“FDIC-R”) responded. Dkt. 93. CCB did not reply. 19 “In any civil case, the court may order the parties to engage in mediation under 20 this rule, and may schedule the required steps so as to maximize the prospects of early 21 settlement.” Local Rules, W.D. Wash. LCR 39(c)(1). The Court, however, declines to 22 ORDER - 1 1 order mediation when FDIC-R is strongly opposed to mediation, CCB has failed to show 2 that mediation at this time would maximize the prospect of early settlement, and it 3 appears that the matter may turn on a legal issue of contract interpretation. Therefore, the 4 Court DENIES CCB’s motion. 5 IT IS SO ORDERED. 6 Dated this 2nd day of March, 2016. A 7 8 BENJAMIN H. SETTLE United States District Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ORDER - 2

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