Judge Robinson: Despite scheduled mediation, litigation shall move forward
In Wellman, Inc. v. Eastman Chemical Co., C.A. No. 07-585-SLR (D. Del. Aug. 13, 2009), Plaintiff filed an Emergency Motion to Modify Scheduling Order requesting postponement of deadlines for filing Daubert and Summary Judgment motions until after mediation. Judge Robinson denied Plaintiff's motion stating that “[m]ediation was scheduled with the present deadlines in place, the parties have not indicated that settlement is likely (and, therefore, the motion practice wasteful), and any movement of summary judgment deadlines puts the trial date at risk.” Id.