Re: CMCs...Ron ...
in response to
by
posted on
Feb 27, 2011 09:55PM
<In situations where one of the parties requests a CMC, it should be obvious that the requesting party is signalling that it believes it is at a stage of preparedness where a trial setting is desired>
Thank you again for your input, however I do have a problem with it. Having read a bit about it before asking the question, it would seem that the description you provided is a very narrow one. Which perhaps is related to the point at which you believe the litigation to be at. If I understand you correctly, you are of the opinion that TPL is ready to proceed to trial. I'm not so sure they are ready.
In any case though, to be fair, I think a more neutral definition of the CMC can also be considered to merit some weight. This is from an online legal definition site, and it fits my understanding.
<A Case management Conference (CMC) is part of the court procedure. It is a meeting between the judge and the parties (the Plaintiff and the Defendant). The lawyers representing the parties may also appear at the conference. A case management conference usually happens after a plaintiff begins a law suit, but before the trial. The meeting is not a trial and as such witnesses don't need to be present. The main purpose of the meeting is to try settling some or all of the issues in dispute before going to trial. If no settlement is achieved at the CMC, the matter will proceed to trial.>
Is there some logic for you to only consider the more narrow view of CMC?
Opty