ALFARO ZELAYA v. A+ TIRES, BRAKES, LUBES, AND MUFFLERS, INC., 5:13-CV-00810-F. (2016)
Court: District Court, E.D. North Carolina
Number: infdco20160727f10
Visitors: 8
Filed: Jul. 25, 2016
Latest Update: Jul. 25, 2016
Summary: ORDER ROBERT B. JONES, Jr. , Magistrate Judge . This matter comes before the court on Plaintiffs' Motion to Abate Mediation Deadline [DE-123], to which Defendant has responded [DE-124]. Plaintiffs believe mediation would be futile and an unnecessary expenditure of time and money based on their communications with Defendants. [DE-123] at 1-3. Defendants respond that while they agree settlement is currently unlikely, it may be premature to abate the mediation requirement because further disco
Summary: ORDER ROBERT B. JONES, Jr. , Magistrate Judge . This matter comes before the court on Plaintiffs' Motion to Abate Mediation Deadline [DE-123], to which Defendant has responded [DE-124]. Plaintiffs believe mediation would be futile and an unnecessary expenditure of time and money based on their communications with Defendants. [DE-123] at 1-3. Defendants respond that while they agree settlement is currently unlikely, it may be premature to abate the mediation requirement because further discov..
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ORDER
ROBERT B. JONES, Jr., Magistrate Judge.
This matter comes before the court on Plaintiffs' Motion to Abate Mediation Deadline [DE-123], to which Defendant has responded [DE-124]. Plaintiffs believe mediation would be futile and an unnecessary expenditure of time and money based on their communications with Defendants. [DE-123] at 1-3. Defendants respond that while they agree settlement is currently unlikely, it may be premature to abate the mediation requirement because further discovery may change the parties' positions. [DE-124] at 1-2. The court agrees with Defendants. Cases often settle at mediation despite seemingly intractable positions by one or both sides, and continuing the deadline rather than abating it will allow the parties to conduct further discovery and make better informed decisions regarding the prospect of settlement. Discovery in this case is scheduled to conclude on October 10, 2016, and the parties shall conduct mediation prior to the close of discovery. Accordingly, the motion is DENIED WITHOUT PREJUDICE and mediation shall be concluded no later than October 10, 2016.
SO ORDERED.
Source: Leagle
