Free Order - District Court of Arizona - Arizona

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

) ) ) ) Plaintiff, ) ) vs. ) ) PETER THIMMESCH, et al., ) ) Defendants. ) ___________________________________)

BILTMORE ASSOCIATES, L.L.C., as Trustee for the Visitalk Creditors' Trust,

No. 2:02-cv-2405-HRH

O R D E R Case Status The court is in receipt of plaintiff's statement of the parties as regards mediation.1 court-sponsored mediation. Plaintiff has a preference for Snell & Wilmer has a

Defendant

preference for private mediation. mediation scheduled within 45

Plaintiff wishes to have a of plaintiff's statement

days

regarding mediation.

Defendant Snell & Wilmer requests private

mediation within 45 days following the court's ruling on pending motions for summary judgment. The court will for a certainty require that the parties participate in some form of mediation well in advance of the trial

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Docket No. 352. - 1 -

Case 2:02-cv-02405-HRH

Document 354

Filed 06/01/2007

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of this case, but the court is reluctant to put the parties to the trouble and expense of two mediations. Moreover, the court is

doubtful that court-sponsored mediation prior to a decision on pending motions for summary judgment is likely to succeed when the moving party with respect to those motions for summary judgment wishes to have the motions decided prior to mediation. Accordingly, summary judgment, and the court will will decide be the motions for

mediation

required

immediately In light of

thereafter if the motions do not dispose of the case.

the foregoing, the court will be very unlikely to approve anything other than minimal extensions of time for good cause shown with regard to the pending motions for summary judgment. DATED at Anchorage, Alaska, this 31st day of May, 2007.

/s/ H. Russel Holland United States District Judge

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Case 2:02-cv-02405-HRH

Document 354

Filed 06/01/2007

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