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Twenty-Nine Pages on Whether You Can Cancel a Mediation!


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 little time many answers.

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!




Comments

  1. dude takes his job seriously, works hard, likes to write, does his own research, his legal opinions better reasoned than the memos of law submitted by the high priced lawyers on both sides. i still use his 30(B)(6) opinion, sheesh there is no reason to ever research that bad boy ever again.

    ReplyDelete
  2. I like Goodman because he actually tries, is engaged, and at least appears to care. Which is more than one could say about some of the other judges on our federal bench. Now if only he would cut back on his verbosity.

    ReplyDelete
  3. Why on this blog do we like this Magistrate Judge so much where on other blogs they don't write about him that often?
    -because he's interesting, i don't know

    ReplyDelete

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