Osman v. Dehaan et al

Filing 34

ORDER granting 32 Defendant, Northwood Hospitality, LLC's, Motion for Leave to Allow Insurance Adjustor to Attend Mediation by Telephone; granting 33 Stipulation for Two-Day Mediation Extension, construed as a Motion to Extend Mediation Deadline. Signed by Magistrate Judge Carol Mirando on 7/25/2017. (LS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
ASHA OSMAN,
Plaintiff,
v.

Case No: 2:16-cv-488-FtM-99CM

STEVEN DEHAAN, KEVIN J.
RAMBOSK and NORTHWOOD
HOSPITALITY LLC,
Defendants.
ORDER
This matter comes before the Court upon review of Defendant, Northwood
Hospitality, LLC’s, Motion for Leave to Allow Insurance Adjustor to Attend Mediation
by Telephone (Doc. 32) filed on July 17, 2017 and the parties’ Stipulation for TwoDay Mediation Extension (Doc. 33), construed as a Motion to Extend Mediation
Deadline, filed on July 19, 2017.
Defendant, Northwood Hospitality, LLC (“Defendant”), is insured by two
separate companies, Travelers and Broadspire. Doc. 32 at 1. Defendant states that
it is unlikely to meet its retention of Travelers prior to a settlement agreement. Id.
at 2.

Based on Defendant’s retention with Travelers and Plaintiff’s current

settlement demand, it is unlikely Travelers will contribute toward any settlement
payment.

Id.

Moreover, to the extent Travelers’ participation in mediation is

necessary and warranted, the claims manager, Thomas Krcmarik, will be available
by telephone, if permitted. Id. at 2. Defendant, therefore, requests that Travelers’

insurance adjuster be excused from attending mediation in person. All other parties
consent to the requested relief. Id.
The use of telephonic hearings and conferences is generally encouraged. M.D.
Fla. Rule 3.01(I). Further, Local Rule 9.01(b) provides that it is “the purpose of the
Court, through adoption and implementation of [Local Rule 9.01], to provide for an
alternative mechanism for the resolution of civil disputes . . . with resultant savings
in time and costs to the litigants and to the Court. . . .” M.D. Fla. Rule 9.01(b).
Given that the parties are in agreement regarding the telephonic appearance and
Defendant’s representation to the Court that Travelers’ representative’s appearance is
unlikely to facilitate settlement, the Court will grant the motion.

Mr. Krcmarik,

however, shall remain available throughout the entirety of the mediation by
telephone.
The parties also request a two-day extension of their previously scheduled
mediation deadline of July 31, 2017. Doc. 33 at 1. The Court finds good cause to
grant the short extension.
ACCORDINGLY, it is hereby
ORDERED:
1.

Defendant, Northwood Hospitality, LLC’s, Motion for Leave to Allow

Insurance Adjustor to Attend Mediation by Telephone (Doc. 33) is GRANTED. Mr.
Krcmarik shall remain available throughout the entirety of the mediation by
telephone.

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2.

Stipulation for Two-Day Mediation Extension (Doc. 33), construed as a

Motion to Extend Mediation Deadline, is GRANTED. The parties shall have up to
and including August 2, 2017 to complete mediation.
DONE and ORDERED in Fort Myers, Florida on this 25th day of July, 2017.

Copies:
Counsel of record

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