But first that holiday tradition -- the four questions:
(1) Why on this blog do we like this Magistrate Judge so much where on other blogs they don't write about him that often?
(2) Why is it cooler to quote rock lyrics and old movie lines where other judges merely quote boring controlling authority?
(3) Why not explicate everything so much to the nth degree when other judges don't always do that?
(4) Why on all other blogs do we recline when reading but on this blog we use our hip new standing desk?
Oh well let's just get into it:
Does a plaintiff violate some type of purported requirement to mediate in “good faith” when it fails to respond to a defense request for a current settlement demand before scheduling a court‐ordered mediation? If it does, then should it cause a court to cancel a mediation? And even if the failure to respond does not equate to bad faith or a lack of good faith, should the Undersigned use it as a ground to cancel the Court ordered mediation, on the basis that mediation would be a waste of time? These are the basic questions generated by Defendant’s Motion for an Order Canceling the Mediation.So many questions, so
Settle in kids, but here's a taste:
Neither the local rules nor this Court’s mediation requirement (in the trial scheduling order [ECF No. 655]) requires parties to mediate “in good faith.” Although the applicable order and local rule require parties and representatives with full settlement authority to attend the mediation, there is no specific requirement in this case that the parties mediate in good faith, nor is there an express sanction provided for mediating “in bad faith” or for failing to mediate in good faith.See you next Sukkot!
BTW Judge -- great way to end to end this order!