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Wednesday, January 15, 2003 8:46:20 PM
Let me preface this by saying I can't believe I am about to add to the settlement speculation with this question but here goes.
When was the update on mediation due to the courts? Was this one of the filings that was due on Jan 6 that may have been postponed a week? The reason I ask is this:
Pure Speculation: If one of the filings that was just made was the mediators report and the judge has just been informed by the mediator that the mediation is finally close to a resolution, and you were the judge staring at a mountain of rulings on motions that you need to make by 2/10 that could turn out to be a total waste of your time if a settlement occurs, what would you do:
a) Keep the trial date as scheduled so that you know YOU have to proceed as if the case will not settle and do all that work necessary to rule on all those motions so the case can proceed on 2/10 if a settlement does not occur and if it occurs, you just wasted countless hours of your time and your staff's time; or
b) Keep the trial date as scheduled, trust the mediators instincts and not do any work on the rulings in the hopes that the case settles and if it does not settle then you are screwed for not doing your duty as judge, or
c) Trust that the mediator's instincts are correct and that the case is close to a settlement. By admitting that the case is close, just to make certain that you are not derelect in your duties, postpone the case for 3 months so if the case does not settle in a month or 2, then get to work on all the motions and make your rulings during month 3. This way you don't have to waste hours from now until the original trial date getting ready for a trial that may never occur.
As I stated, this is pure speculation but I am now believing it is possible that a settlement could be the reason that the trial date was postponed. Attornies do you think the above answer c is possible? I understand that all answers are educated guesses but your guesses as to the workings of court are surely more educated than mine.
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