WESTON TC LLC v. 7576773 CANADA, INC
Filing
61
Order of referral to mediation. Case referred to mediation ( Mediation Deadline 5/14/2018). Signed by Magistrate Judge John J. O'Sullivan on 3/16/2018. (tro)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 17-cv-61406-O'SULLIVAN
[CONSENT]
WESTON TC LLC, a Delaware limited liability company,
Plaintiff,
vs.
7576773 CANADA INC., a Canadian corporation,
Defendant.
________________________________/
ORDER OF REFERRAL TO MEDIATION
Trial having been set in this matter for Monday, September 24, 2018, pursuant
to Fed. R. Civ. P. 16 and S.D. L. R. 16.2, it is
ORDERED AND ADJUDGED as follows:
1.
All parties are required to participate in mediation. The mediation shall be
completed no later than May 14, 2018.
2.
Plaintiff's counsel, or another attorney agreed upon by all counsel of
record and any unrepresented parties, shall be responsible for scheduling the
mediation conference. The parties are encouraged to avail themselves of the services
of any mediator on the List of Certified Mediators, maintained in the office of the Clerk
of this Court, but may select any other mediator. The parties shall agree upon a
mediator within fifteen (15) days from the date hereof. If there is no agreement, lead
counsel shall promptly notify the Clerk in writing and the Clerk shall designate a
mediator from the List of Certified Mediators, which designation shall be made on a
blind rotation basis.
3.
A place, date and time for mediation convenient to the mediator, counsel
of record, and unrepresented parties shall be established. The lead attorney shall
complete the form order scheduling mediation as provided in Local Rule 16.2 and
submit it to the Court.
4.
The appearance of counsel and each party or representatives of each
party with full authority to enter in a full and complete compromise and settlement is
mandatory. If insurance is involved, an adjuster with authority up to the policy limits or
the most recent demand, whichever is lower, shall attend.
5.
All discussions, representations and statements made at the mediation
conference shall be confidential and privileged.
6.
At least ten (10) days prior to the mediation date, all parties shall present
to the mediator a brief written summary of the case identifying issues to be resolved.
Copies of these summaries shall be served on all other parties.
7.
The Court may impose sanctions against parties and/or counsel who do
not comply with the attendance or settlement authority requirements herein or who
otherwise violate the terms of this Order. The mediator shall report non-attendance and
may recommend imposition of sanctions by the Court for non-attendance.
8.
The mediator shall be compensated in accordance with the standing order
of the Court entered pursuant to Rule 16.2B.6, or on such basis as may be agreed to in
writing by the parties and the mediator selected by the parties. The cost of mediation
shall be shared equally by the parties unless otherwise ordered by the Court. All
payments shall be remitted to the mediator within 30 days of the date of the bill. Notice
to the mediator of cancellation or settlement prior to the scheduled mediation
conference must be given at least two (2) full business days in advance. Failure to do
so will result in imposition of a fee for one hour.
9.
If a full or partial settlement is reached in this case, counsel shall promptly
notify the Court of the settlement in accordance with Local Rule 16.2.F, by the filing of a
notice of settlement signed by counsel of record within ten (10) days of the mediation
conference. Thereafter, the parties shall forthwith submit an appropriate pleading
concluding the case.
10.
Within five (5) days following the mediation conference, the mediator shall
file a Mediation Report indicating whether all required parties were present. The report
shall also indicate whether the case settled (in full or in part), was continued with the
consent of the parties, or whether the mediator declared an impasse.
11.
If mediation is not conducted, the case may be stricken from the trial
calendar, and other sanctions may be imposed.
DONE AND ORDERED in Chambers at Miami, Florida, this 16th day of March,
2018.
___________________________________
JOHN J. O'SULLIVAN
UNITED STATES MAGISTRATE JUDGE
copies provided:
All counsel on record
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