A federal magistrate judge in Pittsburgh has imposed sanctions on a commercial defendant after a fruitless settlement negotiation.
Because Safety-Kleen has a policy of refraining from settling cases until the close of discovery, but it participated in a settlement conference before that time anyway, U.S. Magistrate Judge Maureen P. Kelly of the Western District of Pennsylvania granted the plaintiffs’ motion for sanctions. She ordered the company to pay the attorney fees, costs and travel-related expenses that the plaintiffs paid to participate in the settlement conference in January. ”Safety-Kleen did not participate in the mediation process in good faith,” Kelly said, making clear in a footnote that the “sanctions are imposed solely based on defendant’s refusal to participate in good faith, not based on defendant’s refusal to settle.”
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