Hancock Bank v. Bright Lake Estates, L.L.C. et al

Filing 26

ORDER granting 25 Motion for referral to mediation. Signed by Magistrate Judge Philip R. Lammens on 4/18/2013. (AR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
HANCOCK BANK, a Mississippi
banking corporation
Plaintiff,
v.

Case No:5:12-CV-649-Oc-10PRL

BRIGHT LAKE ESTATES, L.L.C.,
RANDALL B. LANGLEY, MATTHEW
A. SEIBEL, KNIGHT ENGINEERING
CONSULTANTS, INC. and
CLEARWATER RESERVE HOME
OWNERS ASSOCIATION INC.
Defendants.

ORDER REFERRING CASE TO MEDIATION
AND APPOINTING A MEDIATOR
This matter is before the Court on the Joint Stipulation for Order Referring Case to
Mediation. (Doc. 25). Pursuant to the parties’ agreement, it is ORDERED that:
(A)

Referral to Mediation:

This case is hereby referred to a mediation

conference with Douglas B. Beattie, Esquire of Mediate First, Inc.
(B)

Conduct of Mediation Conference:

The mediation conference shall be

conducted in accordance with the procedures outlined in Local Rule 9.01.
(C)

Scheduling Mediation Conference:

The mediation conference may be

conducted any time but must be completed by JUNE 28, 2013.
(D)

Designation of Lead Counsel:

Counsel for Plaintiff is designated as lead

counsel and shall be responsible for working with the mediator to coordinate an agreeable date
for the mediation conference, within the time frame set forth in paragraph (c) above.

(E)

General Rules Governing the Mediation Conference:

Although

the

mediation process is defined in greater detail in Chapter Nine of the Local Rules and the
attachment to this Order, the following additional guidelines are imposed upon the mediation
process:
1.

2.

Identification of Corporate Representative – As part of the written case
summary, counsel for each corporate party shall state the name and
general job description of the employee or agent who will attend and
participate with full authority to settle on behalf of the corporate party.

3.

Attendance Requirement and Sanctions – Each attorney acting as lead
trial counsel, and each party (and in the case of a corporate party, a
corporate representative) with full authority to settle, shall attend and
participate in the mediation conference. In the case of an insurance
company, the term “full authority to settle” means authority to settle for
the full value of the claim or policy limit. The Court will impose
sanctions upon lead counsel and parties who do not attend and participate
in good faith in the mediation conference.

4.

Authority to Declare Impasse – Participants shall be prepared to spend
as much time as may be necessary to settle the case. No participant may
force the early conclusion of a mediation because of travel plans or other
engagements. Only the mediator may declare an impasse or end the
mediation.

5.

(F)

Case Summaries – Not less than two days prior to the mediation
conference, each party shall deliver to the mediator a written summary of
the facts and issues of the case.

Restrictions on Offers to Compromise – Evidence of offers to
compromise a claim is not admissible to prove liability for or invalidity of
the claim or its amount. Fed. R. Evid. 408 (includes evidence of conduct
or statements made in compromise negotiations); Local Rule 9.07(b). All
discussion, representations and statements made at the mediation
conference are privileged settlement negotiations.
Except in a
supplemental proceeding to enforce a settlement agreement, nothing
related to the mediation conference shall be admitted at trial or be subject
to discovery. Local Rule 9.07; Fed. R. Evid. 408. A communication
between a party and a mediator during a private caucus is also
confidential, unless the party tells the mediator that it is not.

Rate of Compensation – The mediator shall be compensated in accordance with

Local Rule 9.02(f).

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(G
G)

Settle
ement and Report of Mediator - A settlement agreement reached bet
R
M
t
tween

the parties shall be reduced to writing and signed by the parties and their attorneys in the
y
n
diator. See also Local Rule 9.06( and 3.08 Within five days o the
l
(b)
8.
of
presence of the med
on
m
nference, the mediator shall file an serve a w
e
nd
written medi
iation
conclusio of the mediation con
report sta
ating whethe all require parties we present, w
er
ed
ere
whether the case settled, and whethe the
er
mediator was forced to declare an impasse. See Local R
r
a
Rule 9.06. T mediato may repor any
The
or
rt
conduct of a party or counsel that falls sh
hort of a go
ood faith ef
ffort to reso
olve the cas by
se
nt.
al
(e),
agreemen See Loca Rule 9.05( 9.06(a).
DONE and ORDERED in Ocala, Florida on April 18 2013.
E
a
8,

Copies with attachme furnishe to:
w
ents
ed
Counsel of record
sented partie
es
Unrepres
Douglas B. Beattie
Mediate First, Inc.
R
200 E. Robinson St, Suite 700
Orlando, Florida 328
801

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