White v. VNA Homecare, Inc.

Filing 64

ORDER appointing mediator and continuing stay. See Order for details. Signed by Chief Judge David R. Herndon on 2/6/13. (klh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
MICHELLE WHITE, individually, and
on behalf of all others similarly situated,
Plaintiff
v.
VNA HOMECARE INC., d/b/a
VNA TIP HOMECARE,
Defendant.

No. 11-0971-DRH-PMF

______________________________________________________________________________

APRIL BECK, for herself and on
behalf of similarly situated others,
Plaintiff,
v.
VNA HOMECARE, INC., d/b/a
VNA TIP HOMECARE,
Defendant.

No. 12-0330-DRH-PMF

______________________________________________________________________________

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GAYLE HATFIELD, for herself and on
behalf of similarly situated others,
Plaintiff,
v.
VNA HOMECARE, INC., d/b/a
VNA TIP HOMECARE,
Defendant.

No. 12-0331-DRH-PMF

______________________________________________________________________________
MICHELE MARLOW and
TONYA SMITH, for themselves
and on behalf of similarly
situated others,
Plaintiffs,
v.
VNA HOMECARE, INC., d/b/a
VNA TIP HOMECARE,
Defendant.

No. 12-0332-DRH-PMF
ORDER

HERNDON, Chief Judge:
On January 30, 2013, the Court held a status conference and ordered all
the parties in these cases to participate in mediation (Doc. 62).

Further, the

Court directed the parties to submit names of a mediator by February 6, 2013.
Today, the parties submitted a joint report on the recommended mediator naming
Hunter R. Hughes of Rogers & Hardin (Doc. 63). Pursuant to the joint report, the
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Court APPOINTS Hunter R. Hughes as the mediator. The Court GRANTS Mr.
Hughes the authority to handle the mediation as he deems appropriate under the
circumstances of these cases. Counsel for some parties have expressed a desire
to mediate without another present. Some have expressed a desire that all be
present. The Court delegates to Mr. Hughes, based on his skill and experience,
the authority to handle the mediation in a manner he finds to be most efficient
and effective and to direct the parties accordingly.
Further, the Court ORDERS that all the parties must mediate in good faith.
The Court directs Mr. Hughes to advise the Court if he determines that any party
or counsel fails to comply with this order to mediate in good faith. Should he so
advise the Court, a hearing will be held with all parties and Mr. Hughes in order
to gather evidence from everyone, including Mr. Hughes, on the issue of
compliance with the Court’s order. Any violation of this order will be dealt with
by the Court in the exercise of its inherent powers to enforce its orders.
Lastly, the Court CONTINUES the stay an additional ninety days pending
the mediation. The Court DIRECTS the parties to inform the Court the status of
the mediation on or before May 7, 2013.
IT IS SO ORDERED.
Signed this 6th day of February, 2013.

Digitally signed by
David R. Herndon
Date: 2013.02.06
16:08:10 -06'00'

Chief Judge
United States District Court

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