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Preston Frankford v. Butler Dining Services

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


July 18, 2012

PRESTON FRANKFORD SHOPPING CENTER DALLAS, TX. LIMITED PARTNERSHIP, PLAINTIFF,
v.
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

ORDER

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.

CONCLUSION

The ADR Referral Order (Dkt. #84) is vacated. ` IT IS SO ORDERED.

20120718

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