Dodd v. Matthews
Filing
61
ORDER: Defendants Kelly Matthews, Alex Layne, Webdiva Technologies, L.L.C., Christopher Oroza, Andrew Penczner and Human Elements Productions, L.L.C.'s Motion to Compel Mediation on Friday, July 12, 2013 60 is granted to the extent that mediat ion is set for July 12, 2013. If Plaintiff Brian Dodd is unable to attend mediation in-person on July 12, 2013, he is directed to notify the Court, in writing and before 5:00 p.m. on July 8, 2013, of the specific circumstances preventing his in-perso n attendance. Upon receipt of such notice, the Court will consider allowing Plaintiff Brian Dodd to appear telephonically at the mediation conference on July 12, 2103. However, if no such notification is received, the July 12, 2013, mediation conference will take place in-person. Signed by Judge Virginia M. Hernandez Covington on 6/28/2013. (LRM)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
BRIAN DODD,
Plaintiff,
v.
Case No. 8:12-cv-2054-T-33TGW
KELLY MATTHEWS, ET AL.,
Defendants.
_______________________________/
ORDER APPOINTING MEDIATOR
Now
Alex
before
Layne,
Oroza,
Andrew
the
Court
Webdiva
is
Defendants
Technologies,
Penczner
and
Human
Kelly
L.L.C.,
Elements
Matthews,
Christopher
Productions,
L.L.C.’s (together, “the represented Defendants”) Motion to
Compel Mediation on Friday, July 12,
2013 (Doc. # 60),
filed on June 27, 2013. Plaintiff Brian Dodd, proceeding in
this action pro se, has not yet filed a response to the
Motion. The Court grants the represented Defendants’ Motion
to
Compel
Mediation
to
the
extent
that
mediation
is
scheduled before Peter Grilli, Esq. on July 12, 2103.
Discussion
On June 17, 2013, after providing the parties with
multiple attempts to select their own mediator (Doc. ## 47,
55), the Court entered an Order appointing, sua sponte,
Peter Grilli, Esq. as mediator in this action. The Court
further stated, “Defendants’ counsel is directed to file a
Notice of Mediation on or before June 24, 2013, indicating
the date, time, and location of the scheduled mediation
conference. Failure to do so could result in the Court
scheduling the mediation sua sponte.” (Doc. # 57 at 2).
The represented Defendants failed to file notice before the
deadline. Instead, on June 27, 2013
–
three days after
notice was due to the Court – the represented Defendants
moved the Court to compel mediation on July 12, 2013. (Doc.
# 60).
The Court "must take an active role in managing cases
on [its] docket." Chudasama v. Mazda Motor Corp., 123 F.3d
1353, 1366 (11th Cir. 1997). As stated in Chudasama, this
Court
enjoys
broad
discretion
"in
deciding
how
best
to
manage the cases before [it]." Id. This action has been
pending
for
nearly
ten
months
and,
as
detailed
above,
scheduling a mediation conference has been a lengthy and
difficult process. Considering Mr. Grilli’s long-standing
reputation for effectiveness, the scarcity of appointments
with mediators of his caliber, and the negative impact that
postponing mediation could have on this case, the Court
finds that scheduling mediation for the next available date
is appropriate. The Court contacted Mr. Grilli’s office and
was advised that July 12, 2013, is the first available
2
appointment.
As
such,
the
Court
sets
the
mediation
conference in this case for July 12, 2013.
However,
the
Court
is
cognizant
of
the
represented
Defendants’ statement that Plaintiff Brian Dodd claims he
is unable to attend mediation in-person on July 12, 2013,
due to a disability. (Doc. # 60 at 2). While the Court
certainly attempts to accommodate the schedules of parties
with disabilities, Plaintiff Brian Dodd has provided the
Court with no specific information regarding his disability
or the restrictions that might accompany it. If Plaintiff
Brian Dodd is unable to attend mediation in-person on July
12, 2013, he is directed to notify the Court, in writing
and
before
5:00
circumstances
p.m.
on
preventing
July
his
8,
2013,
in-person
of
the
specific
attendance.
Upon
receipt of such notice, the Court will consider allowing
Plaintiff
Brian
Dodd
to
appear
telephonically
at
the
mediation conference on July 12, 2103. However, if no such
notification
is
received,
the
July
12,
2013,
mediation
conference will take place in-person.
Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
Defendants
Technologies,
Kelly
L.L.C.,
Matthews,
Christopher
3
Alex
Layne,
Webdiva
Oroza,
Andrew
Penczner
and Human Elements Productions, L.L.C.’s Motion to Compel
Mediation on Friday, July 12, 2013 (Doc. # 60) is granted
to the extent that mediation is set for July 12, 2013. If
Plaintiff
person
on
Brian
July
Dodd
12,
is
unable
2013,
he
to
is
attend
mediation
directed
to
notify
inthe
Court, in writing and before 5:00 p.m. on July 8, 2013, of
the
specific
circumstances
preventing
his
in-person
attendance. Upon receipt of such notice, the Court will
consider
allowing
telephonically
at
Plaintiff
the
mediation
Brian
Dodd
conference
to
on
appear
July
12,
2103. However, if no such notification is received, the
July 12, 2013, mediation conference will take place inperson.
DONE and ORDERED in Chambers, in Tampa, Florida, this
28th day of June, 2013.
Copies:
All Counsel and Parties of Record
Mediator Peter Grilli, Esq.
3001 W. Azeele Street
Tampa, Florida 33609
4
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