Opinion
Case No. CV03-458-S-EJL
November 6, 2003
LITIGATION ORDER
On October 23, 2003, the above-entitled action was removed to Federal Court.
THEREFORE, TT TS HEREBY ORDERED AS FOLLOWS:
1. Pursuant to Local Rule 16,1, the parties shall meet and determine:
B. If consenting to the jurisdiction of a magistrate judge is appropriate;and
C. If the case is suitable for an alternative dispute resolution (ADR) program such as arbitration, mediation or judicial settlement conference.
2. On or before January 20, 2004, the parties shall file with the court the Litigation Plan form and, if appropriate, the Consent to Proceed Before a Magistrate Judge form.
3. Initial disclosures shall be made by the parties pursuant to Federal Rules of Civil Procedure 26.1 and Local Rule 16,1,
4. A telephonic scheduling conference shall be held on February 5, 2004, at 9:30 a.m. mountain time, for the purpose of confirming the deadlines proposed by the parties in the Litigation Plan Form and to set the matter for trial.
5. Counsel for Plaintiff shall initiate the conference call by placing it to Diane McDonald, Administrative Assistant, at 208-334-9270 and shall have all appropriate parties on the line.
Attached is a Civil Case Litigation Outline which shall be used by the parties in determining their case litigation plan. The Court will expect the outline to be followed unless a showing by the parties is made that the case is highly complex in nature.
Pursuant to Local Rule 16.5, the parties shall discuss and determine whether or not they will participate in a mediation program. Mediation is a process whereby a trained, experienced and impartial neutral, selected by the parties and or the Court, will facilitate discussion, and assist in identifying issues and generating options in an attempt to resolve the dispute which prompted the litigation.
A party can move for withdrawal from the mediation process upon a showing that reasons exist as to why mediation would not be productive or otherwise should not a occur.