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

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