Bradley et al v. Leavitt

Filing 77

ORDER denying 75 Motion for order directing parties to mediation. Signed by Judge Gregory A. Presnell on 5/31/2011. (ED)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
O RLANDO D IVISION
CARVONDELLA BRADLEY, JOYCE
ELAINE NIEVES, LARONDA
WILLIAMS, CHRIS CROWLEY,
DERRICK BURKE, CHARLES E. BURKE,
JR., GREG BURKE, CYNTHIA BURKE,
BEATRICE WELLS, KARL CROWLEY,
Plaintiffs,
-vs-

Case No. 6:07-cv-1690-Orl-31GJK

KATHLEEN SEBELIUS, Secretary, U.S.
Department of Health and Human Services,
Defendant.
______________________________________

ORDER
This matter comes before the Court without a hearing on the Plaintiffs’ Motion for Order
Directing Parties to Mediation (Doc. 75) and the response in opposition (Doc. 76) filed by the
Defendant. The only issue remaining in this matter is that of attorney’s fees and costs. That issue
turns, in large part, on the Plaintiffs’ entitlement to such an award under the Equal Access to
Justice Act, 20 U.S.C. § 2412(b). Given that the Secretary disputes the Plaintiffs’ entitlement to

an EAJA award and opposes mediation, it does not appear that mediation would likely be useful.
Accordingly, it is hereby
ORDERED that the Plaintiffs’ Motion for Order Directing Parties to Mediation (Doc. 76)
is DENIED.
DONE and ORDERED in Chambers, Orlando, Florida on May 31, 2011.

Copies furnished to:
Counsel of Record
Unrepresented Party

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