Opinion
Case No. 2:02-CV-1412 TS.
June 22, 2004
ORDER ON PLAINTIFF'S CERTIFICATE OF SELECTION OF DISPUTE RESOLUTION
This matter is before the court on the court's June 2, 2004, Order to Show Cause why this case should not be dismissed for lack of prosecution. In response, Plaintiff represents that although there has been little activity, the case is on track for trial scheduled to begin on October 4, 2004. Plaintiff also submits a Certificate of Selection of Dispute Resolution Option Under DUCivR 16-2(d), electing to proceed to refer the case to mediation. Such a certificate should have been "submitted in conjunction with the attorney report filed pursuant to Fed.R.Civ.P. 26." DUCivR 16-2(d). That attorney report was filed on June 6, 2003. Because the Certificate is not timely filed, the court will refer this case to mediation only upon the stipulation of both parties. Absent such stipulation or a settlement of the case, the parties shall be prepared to commence trial on October 4, 2004. It is therefore
ORDERED that this case will not be referred to mediation unless the parties file a stipulation agreeing to participate in mediation.