Walker et al v. Young Life Saranac Village
| Alysha B. Walker, Robert H. Walker and Tami E. Walker |
| Young Life Saranac Village |
| Young Life Saranac Village |
| Tami E. Walker |
| 8:2010cv01578 |
| December 29, 2010 |
| US District Court for the Northern District of New York |
| Plattsburgh Office |
| Franklin |
| David R. Homer |
| Glenn T. Suddaby |
| Other Personal Injury |
| 28 U.S.C. ยง 1332 |
| Both |
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Filing
38
MEMORANDUM-DECISION & ORDER granting in part and denying in part # 22 Plaintiff's Motion for Partial Summary Judgment as described in Part III of this decision and order. It is ORDERED that Defendant's affirmative defense of waiver is DIS MISSED only in so far as it is asserted as a defense to Plaintiffs' claim of gross negligence; that Defendant's affirmative defense of assumption of risk is DISMISSED only in so far as it based on the doctrine of express assumption of risk; and that otherwise Defendant's affirmative defenses SURVIVE Plaintiffs' motion for partial summary judgment; and it is further ORDERED that Defendant's cross-motion to amend its Answer (Dkt. No. 27 ) is DENIED. Counsel are directed to appear on JANUARY 11, 2013 at 11:00 AM in chambers for a pretrial conference with settlement authority. Plaintiff to forward a written settlement demand to defendants no later than 12/11/12, and the parties are directed to engage in meaningful se ttlement negotiations prior to the 1/11/13 conference. In the event that counsel find that settlement is unlikely, if counsel would prefer to participate in this pretrial conference via telephone conference for the limited purpose of scheduling trial, counsel should make that request in writing. Signed by Judge Glenn T. Suddaby on 11/21/12. (lmw)
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