Pacalo v. United States of America

Filing 11

ORDER: Plaintiff's Motions Relevent to Ammended Claim [sic] 10 is DENIED as follows: (a) Plaintiff's request for to have counsel appointed is denied with prejudice. (b) Plaintiff's request to have documents sealed is denied without prejudice. (c) Plaintiff's request to refer case to mediation is denied with prejudice to the extent that the Court cannot order mediation in lieu of a trial. Signed by Judge James S. Moody, Jr. on 9/1/2017. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
PATRICK JOHN PACALO,
Plaintiff,
v.

Case No: 5:17-cv-376-Oc-30PRL

US DEPARTMENT OF VETERANS
AFFAIRS,
Defendant.

ORDER
THIS CAUSE comes before the Court upon the Plaintiff's Motions Relevent to
Ammended Claim [sic] (Doc. 10), which the Court construes as requests to appoint
counsel, seal documents, and refer the case to mediation. For the reasons below, the Motion
must be denied.
First, Plaintiff asks the Court to appoint counsel because he cannot afford one.
Although Plaintiff may be indigent, 1 he would only be entitled to counsel if he may “lose
his physical liberties if he loses the litigation.” Lassiter v. Dept. of Soc. Serv. of Durham
Cnty., N.C., 452 U.S. 18, 25, 101 S.Ct. 2153, 68 L.Ed.2d 640 (1981). Because Plaintiff’s
claims against the Government have no bearing on his physical liberties if he loses, he is
not entitled to have counsel appointed. 2

1
2

Plaintiff has not been found indigent in this case, and no motion is pending.

While the Court cannot appoint counsel, Plaintiff is free to contact any of the numerous
organizations in the area that provide pro bono service to the indigent and veterans.

As to his request to have documents sealed, Plaintiff has not complied with Local
Rule 1.09(a). 3 The rule requires Plaintiff to (1) identify the items he wants sealed, (2) state
why filing the items is necessary, (3) state why sealing the items is necessary, (4) explain
why a means other than sealing is unavailable, (5) propose a duration of the seal, and (6)
provide a memorandum of legal authority supporting the seal. Because Plaintiff has not
complied with the rule, his request must be denied.
As to Plaintiff’s request to refer this case to mediation, the Court lacks the authority
to grant his request in the manner he intends. It appears Plaintiff wants the case tried to a
mediator, or for a mediator to resolve the claims as opposed to having a trial. While parties
are free to agree to mediate or arbitrate their disputes, the Court cannot delegate its
Constitutional authority in such a way that would allow a mediator to enter a binding
judgment in lieu of a jury or bench trial. And even if the Court could, Plaintiff’s request is
premature as he has not yet served the Defendant.
Accordingly, it is ORDERED AND ADJUDGED that:
1.

Plaintiff's Motions Relevent to Ammended Claim [sic] (Doc. 10) is DENIED
as follows:
a. Plaintiff’s request for to have counsel appointed is denied with prejudice.
b. Plaintiff’s request to have documents sealed is denied without prejudice.

3

Plaintiff can obtain a copy of the Local Rules at http://www.flmd.circ11.dcn/FormsPolicies/admin/USDC-MDFL-LocalRules12-2009.pdf.

2

c. Plaintiff’s request to refer case to mediation is denied with prejudice to
the extent that the Court cannot order mediation in lieu of a trial.
DONE and ORDERED in Tampa, Florida, this 1st day of September, 2017.

Copies furnished to:
Counsel/Parties of Record

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