Opinion
No. CV 06-0313-PHX-ECV.
July 24, 2006
ORDER
Pending before the court are Plaintiff's Motion for Settlement Conference (Doc. #25) and Plaintiff's Motion for Order Allowing Plaintiff to File Third Amended Complaint (Doc. #30).
Plaintiff's one-line motion for a settlement conference simply asks the court to order one. It presents no reasons to support the request. Defendants filed a Response (Doc. #28) in which they oppose the motion because the parties have not yet engaged in meaningful discovery. Defendants further state that the parties have agreed to participate in a private mediation when the time is appropriate. Plaintiff has not filed a reply in support of her motion. In light of Plaintiff's failure to identify any reasons to order a settlement conference at this time, and based on Defendants' reasons for opposing the request, the court will deny Plaintiff's motion without prejudice. Plaintiff may re-urge the motion at an appropriate time but must present valid reasons to support it.
Regarding Plaintiff's motion for permission to file a third amended complaint, Defendants have filed a Response (Doc. #31) indicating they have no objection to the request. Accordingly, the motion will be granted.
It appears that Plaintiff mistakenly filed the Third Amended Complaint before seeking the court's permission. Doc. #23. Given the court's decision to grant the motion, Plaintiff need not re-file the Third Amended Complaint.
IT IS THEREFORE ORDERED:
That Plaintiff's Motion for Settlement Conference (Doc. #25) is denied without prejudice; and
That Plaintiff's Motion for Order Allowing Plaintiff to File Third Amended Complaint (Doc. #30) is granted.