To Junior Morris and Jon McLane Gentlemen, One of the decisions that came out of the Rule 16 conference Wednesday was that it would be helpful to schedule a settlement conference with Magistrate Judge Charles Pyle regarding the scope of content of a preliminary injunction. I thought that would be in our best interests considering the continued harassment you are facing and the continued confusion on the part of the City about the proper enforcement of their laws. This is a settlement conference, not an adversary proceeding. Nothing occurs unless you agree. We might address all, none, or some of the issues, and those issues are limited to the injunction regarding use of the sidewalk, not liability or damages in any of the main case issues. The reason for referral to Judge Pyle is judicial economy and also to preserve the neutrality of the trial judge. Judge Bury cant be effective in impartially trying the case if he participates in the sort of ex parte, confidential discussions are necessary to effectively conduct a settlement conference, which is done through shuttle diplomacy. You will (should) both attend the settlement conference and participate. I will also attend. Chris Avery and his client will attend. We will be there, possibly, all day. We are trying to schedule it, and I told Judge Pyles clerk, Suzanne, that May 14th (Wednesday) at 9:30 or 10:00 a.m. works for me. Let me know by email if May 14th is good for you. Thanks, Carl Carl Sammartino Sammartino Law Group, P.L.L.C. 5240 E. Pima Street, Suite 113 Tucson, AZ 85712 P. 520 955 5152 F. 520 577 7044
Posted on: Sat, 19 Apr 2014 00:57:19 +0000