Opinion
Civil No. 02-0090-S-EJL.
May 15, 2002
ORDER GRANTING JOINT MOTION and STIPULATION TO AMEND LITIGATION ORDER
Based upon the parties' Joint Motion and Stipulation to Amend Litigation Order, for good cause shown and being fully advised in the premises;
IT IS HEREBY ORDERED that the parties' Joint Motion and Stipulation to Amend Litigation Order should be, and is hereby, GRANTED.
IT IS FURTHER ORDERED that:
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 July 24, 2002, the parties shall file with the court the Litigation Plan Form and, if appropriate, the Consent to Proceed Before a Magistrate Judge form.
3. A telephonic conference shall be held on August 7, 2002, at 9:30 a.m., mountain standard time, for the purpose of confirming the deadlines proposed by the parties in the Litigation Plan Form and to set the matter for trial.
4. Within fourteen (14) days after the telephone scheduling conference, initial disclosures shall be made by the parties pursuant to Federal Rules of Civil Procedure 26.1 and Local Rule 16.1.
5. Counsel for Plaintiffs shall initiate the conference call by placing it to Diane McDonald, Administrative Assistant, at 208-344-9270 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.