Rapean v. R. E. Crawford Construction, LLC.

Filing 15

ORDER: Plaintiff's Motion for Enlargement of Time to Extend Settlement Conference Deadline and Deadline to File Case Management Report 13 is GRANTED. The parties have until and including May 5, 2010, to conduct the settlement conference and until and including May 17, 2010, to file the Case Management Report or report regarding settlement. Plaintiff's Motion to Conduct the Settlement Conference Telephonically 14 is DENIED. Signed by Judge Virginia M. Hernandez Covington on 4/22/2010. (KAK)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION RICHARD RAPEAN, v. R.E. LLC, Plaintiffs, CRAWFORD CONSTRUCTION, Case No. 8:09-cv-2632-T-33MAP

Defendant. ___________________________/ ORDER This Plaintiff's matter Motion comes for before the Court of pursuant to to

Enlargement

Time

Extend

Settlement Conference Deadline and Deadline to File Case Management Report (Doc. # 13) and Plaintiff's Motion to Conduct the Settlement Conference Telephonically (Doc. # 14), both filed on April 21, 2010. Upon due consideration, the Court determines that it is appropriate to grant the motion for an extension of time in which to conduct the settlement conference and file the Case Management Report. However, the Court denies the motion to

conduct the settlement conference telephonically. This Court's FLSA Scheduling Order directs an in-person settlement conference. (Doc. # 5 at 2). that good cause exists to excuse light of his the Plaintiff asserts presence press at the

settlement

conference

"in

of

other

litigation matters, [and] Plaintiff's counsel's office is in Broward County, Florida and Defendant's counsel's office is located in Hillsborough County, Florida." (Doc. # 14 at 1). In essence, Plaintiff asserts that compliance with the Court's Order would be inconvenient in this case. The reasons

outlined by Plaintiff are insufficient to justify a telephonic settlement conference. Parties conferences have in been required to attend settlement See

person

under

harsher

circumstances.

Pecoraro v. State Farm Fire and Cas. Co., Civil Action No. 1:07cv777-LTS-RHW, 2008 WL 3842912, *1 (S.D. Miss. Aug. 13, 2008) ("This Court has denied other requests based on

hardship, including one in which the Plaintiff lived in Bartlesville, Oklahoma, had limited financial means to travel to Mississippi for the mediation, was disabled to the point of being legally blind, did not have a driver's license, and her means of travel were limited."). This Court requires personal attendance at settlement conferences settlement because this are Court most strongly effective believes when that

conferences

attended

personally, rather than telephonically. Accordingly, it is hereby ORDERED, ADJUDGED, and DECREED: 2

(1)

Plaintiff's Motion for Enlargement of Time to Extend Settlement Conference Deadline and Deadline to File Case Management Report (Doc. # 13) is GRANTED.

(2)

The parties have until and including May 5, 2010, to conduct the settlement conference and until and including May 17, 2010, to file the Case Management Report or report regarding settlement.

(3)

Plaintiff's Motion to Conduct the Settlement Conference Telephonically (Doc. # 14) is DENIED. DONE and ORDERED in Chambers in Tampa, Florida, this 22nd

day of April 2010.

Copies: All Counsel of Record

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