Joiner et al v. Gasparilla Island Bridge Authority

Filing 26

ORDER denying 25 the Joint Motion Requesting Mandatory Mediation Be Exempt. The parties shall have up to and including November 15, 2016 to file an amended CMR that includes a proposed deadline for mediation. Signed by Magistrate Judge Carol Mirando on 11/8/2016. (HJ)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
CAPPY JOINER and SALLY
JOINER,
Plaintiffs,
v.

Case No: 2:16-cv-467-FtM-99CM

GASPARILLA ISLAND BRIDGE
AUTHORITY,
Defendant.
ORDER
This matter comes before the Court upon review of the Joint Motion
Requesting Mandatory Mediation Be Exempt (Doc. 25) filed on November 7, 2016.
On August 24, 2016, the parties filed a Case Management Report (“CMR”), which
does not contain any proposed deadline for mediation. Doc. 16. The parties seek to
be exempt from mediation because they argue that mediation will not lead the parties
to settle but impose undue financial burden on the parties. Doc. 25 at 1.
Despite the parties’ argument that mediation in this case would be
meaningless, the parties are encouraged, and in fact are obliged under the federal
rules and rules of this Court, to set aside any differences and engage in a good faith
effort to reach a resolution of this matter. See Fed. R. Civ. P. 1, 16(a)(5); M.D. Fla.
R. 1.01(b), 9.01(b). In fact, the parties’ CMR clearly states that “the parties in every
case will participate in Court-annexed mediation as detailed in Chapter Nine of the
Court’s Local Rules.” Doc. 16 at 11.

ACCORDINGLY, it is hereby
ORDERED:
1.

The Joint Motion Requesting Mandatory Mediation Be Exempt (Doc. 25)

is DENIED.
2.

The parties shall have up to and including November 15, 2016 to file an

amended CMR that includes a proposed deadline for mediation.
DONE and ORDERED in Fort Myers, Florida on this 8th day of November,
2016.

Copies:
Counsel of record

-2-