In Re Joan Eddy, Executor of the Estate of James Peter Eddy,petitioner, 957 F.2d 911 (D.C. Cir. 1992)

Annotate this Case
U.S. Court of Appeals for the District of Columbia Circuit - 957 F.2d 911 (D.C. Cir. 1992) March 20, 1992

Before MIKVA, Chief Judge, and RUTH BADER GINSBURG and BUCKLEY, Circuit Judges.



Upon consideration of the petition for a writ of mandamus, it is

ORDERED that the petition be denied. The circumstances here are not so egregious as to warrant the extraordinary remedy of mandamus. See Gulfstream Aerospace Corp. v. Mayacamas Corp., 485 U.S. 271, 289 (1988). In light of this court's opinion reversing the district court's judgment in favor of appellees, see Eddy v. Colonial Life Insurance Company of America, 919 F.2d 747 (1990), we expect expeditious treatment of the issues remaining before the district court. Moreover, we note that while the Federal Rules of Civil Procedure are designed to encourage pre-trial settlement discussions, they are not intended to "impose settlement on unwilling litigants." Kothe v. Smith, 771 F.2d 667, 669 (2d Cir. 1985). Accord In re Ashcroft, 888 F.2d 546 (8th Cir. 1989).