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

Filing 116

ORDER denying 104 Motion to be excused from mediation. Signed by Magistrate Judge Monte C. Richardson on 10/17/2011. (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 to Be Excused from
Mediation (Doc. 104) filed October 9, 2011. Defendants Walter A. McNeil, Bobby
Adams, Mark McAlister, Jason Polk, Richard Shuler, and Scott Stewart request this
Court excuse them from attending the mediation scheduled in this case. Plaintiffs filed
a response in opposition to Defendants’ Motion on October 17, 2011 (Doc. 113).
Local Rule 9.05(c) of the Middle District of Florida requires “all parties … be
present at the Mediation Conference with full authority to negotiate a settlement.” M.D.
Fla. R. 9.05(c). Here, the Court finds Defendants presence is necessary to conduct a
meaningful mediation.1 Accordingly, after due consideration, it is
ORDERED:
Defendants’ Motion to Be Excused from Mediation (Doc. 104) is DENIED.

1

The Court recognizes Defendants argument that they may not have sufficient time to fully
participate at mediation. See (Doc. 104). If settlement can not be reached and Defendants wish
the undersigned to conduct a further settlement conference at a later date, Defendants may petition
the Court at that time.
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DONE AND ORDERED in Chambers in Jacksonville, Florida this 17th day of
October, 2011.

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

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