Opinion
Case No. 2:05-cv-00557 ALA (P).
May 29, 2008
ORDER
On May 27, 2008, Defendant Doctor Alvaro Traquina requested that the Court vacate the settlement conference set for June 12, 2008. (Doc. No. 116). Dr. Traquina argues that there is good cause to vacate the Order for a settlement conference because Dr. Traquina has a pending motion for summary judgment. Dr. Traquina also contends that "[b]ased on the grounds, facts and arguments set forth in defendant's summary judgment motion, defendant believes that a settlement conference would not be worthwhile for the parties or the Court, even in the event defendant's motion is denied." Id.
Attendance at the settlement conference is Dr. Traquina's only objection to the Pretrial Order.
Rule 16(a)(5) of the Federal Rules of Civil Procedure provides that "the court may order the attorneys and any unrepresented parties to appear for one or more pretrial conferences for such purposes as . . . facilitating settlement." "A settlement conference shall be held in all cases unless otherwise ordered by the Court on objection of a party or for other good cause." E.D. Cal. Local Rule 16-270(a). In the May 14, 2008 order, the Court notified the parties that it will decide the pending motion for summary judgment "after the settlement conference, but prior to the date scheduled for trial." (Doc. No. 108).
Accordingly, it is hereby ORDERED that Dr. Traquina's request to vacate the settlement conference is DENIED.