Aiken v. USA et al

Filing 100

ORDER: Plaintiff George Henry Aiken, III's Motion to Compel Compliance with Court Ordered Terms of Mediation Conference 97 is DENIED. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 10/30/2015. (KAK)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
GEORGE HENRY AIKEN, III,
Plaintiff,
v.

Case No. 8:14-cv-1921-T-33EAJ

UNITED STATES OF AMERICA, ET
AL.,
Defendants.
_______________________________/
ORDER
This matter comes before the Court pursuant to Plaintiff
George Henry Aiken, III’s Motion to Compel Compliance with
Court Ordered Terms of Mediation Conference (Doc. # 97), filed
on October 29, 2015. On October 30, 2015, Defendant Bonnie L.
Bruck-Meiggs filed a Response in Opposition to the Motion.
(Doc. # 99). As explained below, the Court denies the Motion.
Discussion
On April 9, 2015, this Court entered its Amended Case
Management and Scheduling Order, which set forth the operative
case deadlines, including the mediation deadline. (Doc. # 62).
That

Order

included

important

directives

concerning

the

parties’ obligations to mediate in accordance with the Local
Rules.

Importantly, the Court instructed:

Attendance Requirements and Sanctions - Each
attorney acting as lead trial counsel, and each
party (and in the case of a corporate party, a
corporate representative) with full authority to

settle, shall attend and participate in the
mediation conference. In the case of an insurance
company, the term “full authority to settle” means
authority to settle for the full value of the claim
or policy limit. The Court will impose sanctions
upon lead counsel and parties who do not attend and
participate in good faith in the mediation
conference.
Personal Attendance Required - All counsel,
parties, corporate representatives, and any other
required claims professionals shall be present at
the Mediation Conference with full authority to
negotiate a settlement. The Court does not allow
mediation by telephone or video conference.
Personal attendance is required. See Local Rule
9.05(c).1
(Id. at 11)(emphasis added).
On the eve of the November 2, 2015, mediation with Peter
Grilli, Esq., Plaintiff filed a Motion seeking to compel “the
personal attendance of a representative for Liberty Insurance
Underwriters, Inc. Company, insurer for Defendant Bonnie
Bruck-Meiggs.” (Doc. # 97 at 3).

In the Motion, Plaintiff

indicates that “Bonnie Bruck-Meiggs is covered by an insurance
policy issued by Liberty Insurance Underwriters, Inc. [and]
that policy does not cover Option Care Enterprises.” (Id. at
2).

1

Local Rule 9.05(c) states: “Unless otherwise excused by
the presiding judge in writing, all parties, corporate
representatives, and any other required claims professionals
(insurance adjusters, etc.), shall be present at the Mediation
Conference with full authority to negotiate a settlement.
Failure to comply with the attendance or settlement authority
requirements may subject a party to sanctions by the Court.”
2

Plaintiff is correct that the Court generally mandates
that required claims professionals attend mediation in person.
However, in response to the Motion, Defendant Bruck-Meiggs
explains:
While Ms. Meiggs, an Option Care employee, is
covered by a policy of insurance through Liberty
Mutual, that policy is excess only to other
insurance coverage available to Defendant Meiggs.
Defendant Meiggs is covered under a policy that
insures her employer, Walgreens Infusion Services
d/b/a Option Care Enterprises.
Option Care
Enterprises has a self-insured retention of Two
Million Dollars, followed by a policy with a multimillion dollar limit which also covers Defendant
Meiggs. Ellen Ahern, Senior Counsel for Walgreen
Co., will be in attendance at mediation with full
settlement authority on behalf of both Option Care
and its employee, Defendant Meiggs.
(Doc. # 99 at 1-2).
Under the circumstances described above, the Court denies
Plaintiff’s Motion.

The Court is satisfied by counsel’s

representation that Senior Counsel for Walgreens Co. possesses
full settlement authority as to both Option Care and BruckMeiggs. In addition, as the parties prepare for the mediation,
the Court takes this opportunity to encourage the parties to
take advantage of every settlement opportunity and to mediate
the case in good faith and with the goal of reaching a fair
compromise of the parties’ dispute.
Accordingly, it is

3

ORDERED, ADJUDGED, and DECREED:
Plaintiff George Henry Aiken, III’s Motion to Compel
Compliance with Court Ordered Terms of Mediation Conference
(Doc. # 97) is DENIED.
DONE and ORDERED in Chambers, in Tampa, Florida, this
30th day of October, 2015.

Copies to: All Counsel and Parties of Record

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