Opinion
Civil Action 2:12-cv-0171
03-08-2013
Zackary Bennett, Plaintiff v. White Tiger, Inc. and George Peyton, Defendants
Judge Sargus
Magistrate Judge Abel
Order Cancelling Settlement Week Mediation
On March 7, 2013, counsel for the parties participated in a telephone conference with the Magistrate Judge and requested that the Settlement Week mediation noticed for March 15, 2013 at 9:00 a.m. be cancelled. The parties have exchanged settlement positions. They do not believe that a mediation at this time would be helpful. The March 2013 Settlement Week mediation is CANCELLED.
During the conference, counsel said that plaintiff recently served discovery requests to determine if there is an ERISA claim arising out of an increase in insurance premiums related, at least in part, to Mr. Bennett's medical insurance claims. Defendants plan to respond to those discovery requests within two weeks. Plaintiff also wants to schedule the deposition of the principal owner of White Tiger, Inc. but has been holding off until the ERISA claim issue has been resolved.
Accordingly, the March 6 discovery and April 5 summary judgment deadlines are VACATED. Counsel are DIRECTED to call my office (614.719.3370) on or before April 5, 2013 to schedule a telephone conference with me to put in place a revised scheduling order. Alternatively, counsel may email me a proposed revised shedlg order by that date.
The Clerk of Court is DIRECTED to serve a copy of this Order on counsel and the Settlement Week Mediator Mary Beth Foley, 140 E. Town St., Columbus, OH 43215.
Mark R. Abel
United States Magistrate Judge