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IN RE TRI-STATE CREMATORY LITIGATION. WALLEY, ET AL. v. TRI-STATE CREMATORY, INC., ET AL. 4:02-CV-168-HLM (1:02-CV-149 (S.D. Ala.)). DENT

ORDER

HAROLD MURPHY, District Judge

This diversity jurisdiction class action is before the Court on Plaintiffs' Motion for Appointment of Settlement Master/Mediator [371-1], Plaintiffs' Motion for Judicial Notice [380-1], and Plaintiffs' Renewed Motion in Support of a Special Master to Oversee Identification and Final Disposition of Recovered Remains [380-2]

I. Plaintiffs' Motion for Appointment of Settlement Master/Mediator

The Court finds that appointment of a settlement master or mediator is not appropriate at this time. The Court therefore denies without prejudice Plaintiffs' Motion for Appointment of Settlement Master/Mediator.

II. Plaintiffs' Motion for Judicial Notice

Plaintiffs request that the Court take judicial notice of a newspaper article published in the April 8, 2003, edition of the Chattanooga Times Free Press newspaper. Defendants do not oppose Plaintiffs' Motion for Judicial Notice. The Court has read the article. The Court grants Plaintiffs' Motion for Judicial Notice, and therefore takes notice that the article was published in the Chattanooga Times Free Press.

III. Plaintiffs' Renewed Motion in Support of Appointment of a Special Master to Oversee Identification and Final Disposition of Recovered Remains

On April 9, 2003, the Court denied Plaintiffs' Motion for Appointment of a Special Master to Oversee Identification and Final Disposition of Recovered Remains. (Order of Apr. 9, 2003.) Plaintiffs filed their Renewed Motion in Support of Appointment of a Special Master to Oversee Identification and Final Disposition of Recovered Remains before Plaintiffs had received a copy of the Court's April 9, 2003, Order. Plaintiffs contacted the Court's staff to indicate that the Renewed Motion was not a Motion for Reconsideration or Clarification. The Court therefore denies as moot Plaintiffs' Renewed Motion in Support of Appointment of a Special Master to Oversee Identification and Final Disposition of Recovered Remains.

IV. Conclusion

ACCORDINGLY, the Court DENIES WITHOUT PREJUDICE Plaintiffs' Motion for Appointment of Settlement Master/Mediator [371-1], GRANTS Plaintiffs' Motion for Judicial Notice [380-1], and DENIES AS MOOT Plaintiffs' Renewed Motion in Support of a Special Master to Oversee Identification and Final Disposition of Recovered Remains [380-2].

IT IS SO ORDERED.

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IN RE TRI-STATE CREMATORY LITIGATION
(May 7, 2003)