Zaccone v. Ford Motor Company

Filing 107

ORDER denying as moot #103 Plaintiff's Motion to Take Judicial Notice to Plaintiff's Classification Officer's Response to Inquiry regarding Phone Call with Defendant. Signed by Magistrate Judge Carol Mirando on 2/24/2017. (HJ)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
FRANK ANTHONY ZACCONE,
Plaintiff,
v.

Case No: 2:15-cv-287-FtM-38CM

FORD MOTOR COMPANY,
Defendant.
ORDER
This matter comes before the Court upon review of Plaintiff's Motion to Take
Judicial Notice to Plaintiff's Classification Officer's Response to Inquiry regarding
Phone Call with Defendant (Doc. 103) filed on February 8, 2017. Defendant opposes
the requested relief.

Doc. 105.

On January 23, 2017, Defendant filed a Motion to Appear at Mediation via
Telephone or in the Alternative, to Extend the January 30, 2017 Deadline to
Complete Mediation. Doc. 97.

One day later, on January 24, 2017, Defendant filed

an amended motion to appear telephonically at mediation.

Doc. 98.

Defendant’s

motions sought to appear telephonically at the mediation scheduled on January 30,
2017, or in the alternative, sought the Court to extend the parties’ mediation deadline
because Defendant’s counsel was denied entry to the institution wherein Plaintiff is
incarcerated.

Docs. 97, 98.

The Court granted in part and denied in part

Defendant’s motion to appear telephonically at the parties’ medication (Doc. 97) by
not allowing Defendant to appear telephonically at the parties’ mediation, but

extending the mediation deadline to April 3, 2017.
as moot Defendant’s amended motion (Doc. 98).

Doc. 99 at 5. The Court denied

Doc. 101.

Plaintiff argues that Defendant did not speak with the classification officer,
Michael Taylor, who allegedly conducted the background check of Defendant’s inhouse counsel and denied entry.

Doc. 103 at 2. Plaintiff asserts that Defendant

instead is attempting to avoid the mediation before the resolution of its summary
judgment motions.

Id. In support of his allegation, Plaintiff seeks the Court to

take judicial notice of his written conversation with Officer Taylor.

Doc. 103-1.

On February 21, 2017, Defendant filed a Mediation Report that the parties
mediated on February 20, 2017 and reached an impasse.

Doc. 106-1.

Furthermore,

the Court already resolved Defendant’s motions to appear telephonically (Docs. 97,
98).

Docs. 99, 101.
ACCORDINGLY, it is hereby
ORDERED:
Plaintiff's Motion to Take Judicial Notice to Plaintiff's Classification Officer's

Response to Inquiry Regarding Phone Call with Defendant (Doc. 103) is DENIED as
moot.
DONE and ORDERED in Fort Myers, Florida on this 24th day of February,
2017.

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Copies:
Counsel of record
Frank Zaccone pro se

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