United States of America v. Liberty Mutual Insurance Company et al

Filing 31

ORDER denying 22 Motion to Compel Mediation. Signed by Judge Susan C Bucklew on 8/20/2015. (KTW)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION UNITED STATES OF AMERICA, for the use and benefit of JACK DANIELS CONSTRUCTION, INC., Plaintiff, v. Case No: 8:12-cv-2921-T-24TBM LIBERTY MUTUAL INSURANCE COMPANY and SAFECO INSURANCE COMPANY OF AMERICA, Defendants. ORDER This cause comes before the Court on Defendants’ Motion to Compel Mediation (Dkt. 22) and Plaintiff’s response in opposition (Dkt. 24). Upon review of the motion to compel mediation and response in opposition, the Court denies the motion. Based on Plaintiff’s representations that it has twice participated in mediation with Defendants regarding the same claims at issue in this case, the Court finds that compelling additional mediation will not make it more likely that the parties will resolve the pending claims. Furthermore, Plaintiff has alleged the costs of a third mediation will create an unnecessary burden to them. Accordingly, it is ORDERED and ADJUDGED that Defendants’ Motion to Compel Mediation (Dkt. 22) is DENIED. DONE AND ORDERED at Tampa, Florida, this 20th day of August, 2015. Copies To: Counsel of Record and Parties

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