UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK
July 18, 2012
PRESTON FRANKFORD SHOPPING CENTER DALLAS, TX. LIMITED PARTNERSHIP, PLAINTIFF,
BUTLER DINING SERVICES, LLC, D/B/A NEWK'S CAFE, ET AL., DEFENDANTS.
The opinion of the court was delivered by: David G. Larimer United States District Judge Rochester, New York
There are several motions now pending before the Court and by Text Order (Dkt. #86) the motions are scheduled for a hearing before this Court on August 9, 2012.
Recently, as part of this Court's Alternative Dispute Program, this case was ordered to mediation (Dkt. #84). Counsel have advised the Court that the parties have already engaged in a lengthy mediation exercise before one of the Magistrate Judges in the District and no accord was reached. Therefore, under the circumstances, I believe it best to vacate the order to mediation and proceed to hear and resolve the pending motions.
The ADR Referral Order (Dkt. #84) is vacated. ` IT IS SO ORDERED.
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