Martin v. Target Corporation

Filing 26

ORDER granting in part 25 Defendant Target Corporation's Unopposed Motion for Extension of Mediation Deadline and for Waiver of Appearance of Defendant's Corporate Representative and Claims Professional. See Order for details. Signed by Magistrate Judge Carol Mirando on 5/28/2015. (ALB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
KATHLEEN MARTIN,
Plaintiff,
v.

Case No: 2:14-cv-470-FtM-38CM

TARGET CORPORATION,
Defendant.
ORDER
Before the Court is Defendant Target Corporation’s Unopposed Motion for
Extension of Mediation Deadline and for Waiver of Appearance of Defendant’s
Corporate Representative and Claims Professional (Doc. 25), filed on May 26, 2015.
Defendant first requests an extension of the mediation deadline, currently June 1,
2015, to accommodate the parties’ mediation scheduled for June 9, 2015 before
mediator Denise Kennedy, Esq. See Docs. 21, 24. The Court finds good cause, and
will grant the extension.
Defendant also requests that its corporate representative and claims
professional be permitted to appear telephonically at the mediation scheduled for
June 9, because both are located in Minneapolis, Minnesota. At the outset, the Court
finds good cause and will permit the claims professional to appear telephonically. As
to Defendant’s corporate representative, the Middle District of Florida Local Rules
and the Case Management and Scheduling Order entered in this case expressly state
that parties, their counsel and, when applicable, corporate representatives are

required to attend the mediation conference. See M.D. Fla. R. 9.05(c); Doc. 21 at 9.
Moreover, “mediation is a valuable tool for the parties to utilize in settling their
disputes, and this Court requires personal attendance at mediation conferences
because it strongly believes that mediation conferences are most effective when
attended personally, rather than telephonically.” Dodd v. Matthews, No. 8:12-cv2054-T-33TGW, 2013 WL 3491167, at *2 (M.D. Fla. July 10, 2013).
Here, however, because Defendant represents that Plaintiff has agreed to
waive the in-person attendance requirement for both the corporate representative
and claims professional in this case, the Court also will allow Defendant’s corporate
representative to appear telephonically if the mediator, Ms. Kennedy, agrees to allow
Defendant’s corporate representative to appear by phone for the mediation. If Ms.
Kennedy does not agree, then the corporate representative must appear in person.
ACCORDINGLY, it is hereby
ORDERED:
Defendant Target Corporation’s Unopposed Motion for Extension of Mediation
Deadline and for Waiver of Appearance of Defendant’s Corporate Representative and
Claims Professional (Doc. 25) is GRANTED in part, as follows:
1. The mediation deadline shall be extended up to and including June
9, 2015.
2. Defendant’s claims professional may appear telephonically at the
scheduled mediation.

-2-

3. Defendant’s corporate representative may appear telephonically only
with consent of Ms. Kennedy. If Ms. Kennedy does not consent to
the telephonic appearance of Defendant’s corporate representative,
the corporate representative must appear in person.
DONE and ORDERED in Fort Myers, Florida on this 28th day of May, 2015.

Copies:
Counsel of record

-3-