Cooper et al v. City of Starke, Florida et al

Filing 110

ORDER denying 98 Motion for Leave for Defendants Insurance Adjustor to Attend Mediation via Telephone. Signed by Magistrate Judge Monte C. Richardson on 10/11/2011. (BEE)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
Lemuel Cooper, et al.,
Plaintiffs,
vs.

Case No. 3:10-cv-280-J-34MCR

City of Starke, Florida, et al.,
Defendants.
_____________________________________/

ORDER
THIS CAUSE is before the Court on Defendants’ Motion for Leave for
Defendants’ Insurance Adjustor to Attend Mediation via Telephone (Doc. 98) filed
October 3, 2011. Plaintiffs filed their response in opposition to Defendants’ Motion on
October 9, 2011 (Doc. 102).
Pursuant to the Court’s Case Management and Scheduling Order (Doc. 17) and
Local Rule 9.05(c) of the Middle District of Florida, all parties shall be present at the
Mediation Conference with full authority to negotiate a settlement unless otherwise
excused by the presiding judge in writing. Here, Defendants’ adjustor is requesting
attendance of the Mediation Conference via telephone due to Travelers Insurance
Companies’ refusal to authorize his travel to Florida as part of its “cost-saving
measures.” (Doc. 98). This reasoning is insufficient.
This Court requires personal attendance at mediation conferences because it
strongly believes that mediation conferences are most effective when attended

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personally, rather than telephonically. See Rafer v. Pursley, 2009 WL 1913272 (M.D.
Fla. July 1, 2009); see also Scott & Jones v. K.W. Max Investments, Inc., 2007 WL
80851 (M.D. Fla. Jan. 8, 2007). Additionally, all parties involved in this case, including
the injured victim-plaintiffs, are required to travel to the mediation site from distant
locations, regardless of cost. Defendants’ Insurance Adjustor is a pertinent party
to the mediation discussions and should be personally in attendance.
Accordingly, after due consideration, it is
ORDERED:
Defendants’ Motion for Leave for Defendants’ Insurance Adjustor to Attend
Mediation via Telephone (Doc. 98) is DENIED.
DONE AND ORDERED in Chambers in Jacksonville, Florida this 11th day of
October, 2011.

MONTE C. RICHARDSON
UNITED STATES MAGISTRATE JUDGE
Copies to:
Counsel of Record
Any Unrepresented Party

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