Dodd v. Matthews

Filing 71

ORDER: Plaintiff Brian Dodd's request to participate in the July 12, 2013, mediation conference by telephone 67 is DENIED. Signed by Judge Virginia M. Hernandez Covington on 7/10/2013. (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
The

Court

has

under

consideration

Plaintiff

Brian

Dodd’s Notification Pursuant to Doc # 61 (Doc. # 67), filed
July 5, 2013. In Plaintiff Dodd’s Notification, he requests
that

he

be

allowed

to

participate

in

the

mediation

conference scheduled for July 12, 2013, by telephone due to
his

disabilities.

reasons

that

Upon

follow,

due

the

consideration

Court

denies

and

for

Plaintiff

the

Dodd’s

request.
Discussion
On June 27, 2013, the represented Defendants moved the
Court to compel mediation on July 12, 2013. (Doc. # 60).
The Court scheduled a mediation conference for July 12,
2013. In the same Order, the Court also recognized that
Plaintiff Dodd

has claimed

that

he

is

unable to attend

mediation in-person due to a disability. (Doc. # 60 at 2).
The Court stated:

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 p.m. on July 8, 2013, of the specific
circumstances
preventing
his
in-person
attendance.
On

July

5,

2013,

Plaintiff

Dodd

submitted

a

Notification claiming that “Plaintiff risks not being able
to

attend

mediation,

because

of

his

disabilities,

if

Plaintiff cannot attend mediation telephonically.” (Doc. #
67 at 3). Plaintiff Dodd also mentions several instances
where his disability was recognized and that various courts
and

other

institutions

accommodated

him

due

to

his

disability. (Id. at ¶¶ 8-11).
The Court is always eager and willing to accommodate
individuals

with

disabilities.

However,

while

Plaintiff

Dodd has alluded to a disability that prevents him from
attending mediation in person, he has failed to provide the
Court with any information about what his disability is or
how the specific disability makes an in-person appearance
unfeasible. Although the Court provided Plaintiff Dodd an
opportunity to explain why his disability prevented his in-

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person participation at the mediation conference, Plaintiff
Dodd failed to carry his burden.
Plaintiff Dodd has provided the Court with a document
from

the

University

of

South

Florida.

That

document

suggests that while Plaintiff Dodd might require additional
time or special seating, nevertheless he was able to attend
classes in person. (Id. at ¶ 11). While the Court does not
dispute

Plaintiff

Dodd’s

claim

that

he

was

awarded

disability benefits, the Court notes that individuals who
are

disabled

person.

(Doc.

may
#

still
8).

If

be

able

Plaintiff

to

attend

Dodd

meetings

requires

in

special

accommodations to make his in-person attendance of the July
12, 2013, mediation conference more comfortable, he should
have long ago provided that information to the Court. Based
on the very limited information Plaintiff Dodd has provided
the Court regarding his disability, the Court is not able
to excuse him from in-person attendance at the July 12,
2013, mediation conference.
The Court notes that several parties in this action
have requested that they be allowed to participate in the
mediation

conference

telephonically.

(Doc.

##

62,

64).

However, mediation is a valuable tool for the parties to
utilize in settling their disputes, and this Court requires
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personal

attendance

strongly

believes

effective

when

at

mediation

that

conferences

mediation

attended

conferences

personally,

because
are

rather

it

most
than

telephonically. As such, the Court has denied each of those
requests. (Doc. # 63, 65). The Court stands ready, willing,
and

able

However,

to

accommodate

despite

being

individuals

given

the

with

disabilities.

opportunity

to

do

so,

Plaintiff Dodd has failed to submit any information to the
Court

supporting

participating

his

in

notion

mediation

that
in

he

person.

is

precluded

Accordingly,

from
the

Court denies Plaintiff Dodd’s request and requires him to
appear

at

the

July

12,

2013,

mediation

conference

in

person.
Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
Plaintiff Brian Dodd’s request to participate in the
July 12, 2013, mediation conference by telephone (Doc. #
67) is DENIED.
DONE and ORDERED in Chambers, in Tampa, Florida, this
10th day of July, 2013.

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Copies:

All Counsel and Parties of Record
Mediator Peter Grilli, Esq.
3001 W. Azeele Street
Tampa, Florida 33609

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