Hollingsworth v. Flynn Group

Filing 32

ORDER STRIKING 31 Stipulation Selecting Mediator, and ASSIGNING MEDIATOR: IT IS HEREBY ORDERED that Mediator Megan Arvola is assigned to serve as Mediator for this action.Signed by Judge J. Phil Gilbert on 9/26/2024. (mta)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
RICKESHA HOLLINGSWORTH,
Plaintiff,
v.

Case No. 3:24-cv-1245-JPG

FLYNN GRP. d/b/a TACO BELL RESTAURANT,
BELL AMERICAN GRP., LLC,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court for case management purposes. The deadline for
selecting a mediator in accordance with § 3.2 of the Court’s Mediation Plan has passed. See
Mandatory Mediation Plan, Admin. Ord. No. 301, § 3.2 (S.D. Ill. Oct. 8, 2021) (“Mediation
Plan”). The parties’ stipulation selecting a Magistrate Judge to serve as mediator, (Doc. 31), was
an invalid stipulation and is hereby STRICKEN.
Accordingly, Court Attorney and ADR Coordinator Megan Arvola is hereby
APPOINTED as the Mediator in this matter.
Arvola’s education, training, and experience guides the Court’s decision. She is an
attorney and trained mediator. She previously served as a term law clerk to a former district
judge in this district for three years and subsequently represented clients in private civil practice
for over eight years, before returning to the Court. She has been a member of the bar for over
seven years, is competent to perform mediation duties, and has not demonstrated any traits or
behaviors that would be contrary to the effective and efficient management of the mediation.
Moreover, Arvola is knowledgeable in federal civil litigation, possesses strong mediation
process skills, the temperament to listen effectively, and the ability to facilitate communication

between all participants and across “party” lines. Additionally, Arvola exhibits strong problemsolving skills and the ability to generate meaningful options to assist parties and other
participants with settlement negotiations. As she is an employee of the Court, her appointment is
without charge to the parties.
IT IS FURTHER ORDERED that counsel will participate in the mediation proceedings
in accordance with the Mediation Plan. The parties will confer with the Mediator regarding
scheduling the mandatory mediation session and additional mediation sessions (if any), bearing
in mind the deadlines for completing that session and all future mediation proceedings set forth
in the Court’s Scheduling Order.
If one or both of the parties believe that the mediator the Court has appointed should be
disqualified for conflicts, as detailed in § 4.3(G)(1) of the Mediation Plan, pursuant to
§ 4.3(G)(2), the party or parties that genuinely believe a “disqualifying conflict exists should first
confer with the mediator.” Mediation Plan, § 4.3(G)(2). However:
If the matter is not resolved by, for example, waiver or recusal, a motion and supporting
affidavit shall be filed with the Court with the Presiding Judge within 14 days from the
Court’s Order, stating the facts and the reasons for the belief that a disqualifying conflict,
bias, or prejudice exists.
Id. If a disqualifying conflict does not manifest until after the fourteen (14) day period to object
has elapsed; the party or parties may either waive said disqualifying conflict or move to
disqualify the mediator at the earliest opportunity. A motion to disqualify after mediation has
commenced—just as a motion to disqualify at the outset—must be supported by an affidavit
stating the facts and the reasons for the disqualifying conflict, bias, or prejudice.
IT IS SO ORDERED.
DATED: September 26, 2024
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE