Shemin Real Estate, LLC v. Henkels & McCoy, Inc.
Status Conference order and referral to Mediation--Signed by Magistrate Judge Anthony P. Patti. (MWil)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SHEMIN REAL ESTATE, LLC,
Case No. 2:18-11704
Magistrate Judge Anthony P. Patti
HENKELS & MCCOY, INC.,
STATUS CONFERENCE ORDER AND REFERRAL TO MEDIATION
Based upon the items discussed at today’s status conference, the deadlines
established in the initial scheduling order shall remain in place (ECF No. 16). The
parties having mutually approved retired U.S. Magistrate Judge Mona Majzoub to
serve as facilitative mediator, and pursuant to E.D. Mich. L.R. 16.4, it is
ORDERED that this matter is hereby referred to facilitative mediation before
Judge Majzoub, to take place on or before February 1, 2021, at the time and
location designated by Judge Majzoub after consultation with the parties.
Judge Majzoub is granted the discretion to schedule additional sessions as
necessary to facilitate resolution of this dispute, provided the mediation is
completed by the date noted above. Judge Majzoub will alert the Court if more
time is needed for additional sessions. All parties or individuals with settlement
authority are required to attend the facilitative mediation sessions with their
respective counsel of record, and Judge Majzoub shall exercise her discretion as to
whether restrictions related to the current Covid-19 pandemic will allow for inperson sessions or whether remote video participation should be permitted.
Corporate parties must be represented by an agent with authority to negotiate a
binding settlement, and Judge Majzoub has the discretion to require the attendance
of those individuals she believes are necessary for achieving a binding resolution.
It is further ORDERED that the facilitative mediation shall be conducted in
the manner and method prescribed by E.D. Mich. L. R. 16.4. The parties may also
mutually elect to convert the facilitative mediation with Judge Majzoub into a
binding mediation or arbitration upon presentation of a stipulation to that effect.
It is further ORDERED that pursuant to Fed. R. Evid. 408, all information
disclosed during the facilitative mediation session shall remain confidential and
shall not be disclosed to any other party or to this Court, without the consent of the
parties. Judge Majzoub shall not be called as a witness nor may Judge Majzoub’s
records be subpoenaed or used as evidence.
It is further ORDERED that within ten (10) days of completion of the final
facilitative mediation session, Judge Majzoub will file a brief report with the Court
stating only who participated in the facilitative mediation session(s) and whether a
settlement was reached. Such post-facilitation report is not to contain any
additional information which may breach the principles of confidentiality and
privacy noted herein.
It is further ORDERED that the parties shall pay to Judge Majzoub her
administrative fee and hourly rate, which shall be divided equally between the
This referral is not a substitute for further proceedings in this Court and the
above-entitled case will proceed in this Court in the event settlement is not
IT IS SO ORDERED.
Dated: September 11, 2020
Anthony P. Patti
UNITED STATES MAGISTRATE JUDGE
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