Free Request - District Court of Arizona - Arizona

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LAW OFFICES

BROENING OBERG WOODS & WILSON
PROFESSIONAL CORPORATION 1630 SOUTH STAPLEY DRIVE SUITE 210 MESA, ARIZONA 85204 (602) 271-7700

Michael J. Ryan, #017467 Carrie H. Smith, #022701 Attorneys for Plaintiff UNITED STATES DISTRICT COURT

7 FOR THE DISTRICT OF ARIZONA 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Plaintiff SWA Painting, Inc., through undersigned counsel, hereby requests this Court appoint a Magistrate or other master to conduct a settlement conference between the parties pursuant to Rule 53, Fed. R. Civ. P.. This Motion is supported by the following Memorandum of Points and Authorities and the entire record herein. MEMORANDUM OF POINTS AND AUTHORITIES Pursuant to this Court's order at the October 26 evidentiary hearing, Plaintiff SWA Painting, Inc. has attempted in good faith to discuss settlement with Defendant Golden Eagle. (See Correspondence of Michael J. Ryan, dated November 16, 2005, attached as Exhibit 1) In addition to the above correspondence, undersigned counsel has contacted defense counsel on several occasions to discuss settlement. Plaintiff's counsel was informed today that Golden Eagle refuses to make any kind of counter-demand. Plaintiff's counsel vs. Golden Eagle Insurance Corporation; Does 1-100; XYZ Corporations 1-100; Black and White Business Entities 1-100,, Defendants. SWA Painting, Inc., Plaintiff, NO. CIV-03-2364-PHX-DGC PLAINTIFF'S REQUEST FOR APPOINTMENT OF MAGISTRATE

Case 2:03-cv-02364-DGC

Document 134

Filed 12/12/2005

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has reason to believe this case might be settled if Golden Eagle were required to participate in good faith in a settlement conference. For that reason, therefore, Plaintiff's counsel respectfully requests this Court appoint a Magistrate Judge to conduct a settlement conference between the parties. In addition, undersigned counsel respectfully requests this Court compel the attendance of a Golden Eagle representative with settlement authority. RESPECTFULLY SUBMITTED this 12th day of December, 2005. BROENING OBERG WOODS & WILSON, P.C.

By

/s/ Michael J. Ryan Carrie H. Smith 1630 South Stapley Drive Suite 210 Mesa, Arizona 85204 Counsel for Plaintiff

COPY mailed this _________ day of December, 2005, to: Donald L. Myles, Jr. Jones Skelton & Hochuli, P.L.C. 2901 North Central Avenue Suite 800 Phoenix, Arizona 85012 Attorneys for Defendant COURTESY COPY mailed this _____ day of ______, 2004, to: Terry A. Dake, Ltd. 11811 North Tatum Blvd. Suite 3031 Phoenix, Arizona 85028-1621 By ______________________________________

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S:\MJR\Anderson, Steve\Golden Eagle-28928.003\Pleadings\Request for Magistrate.wpd

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