McAfee v. Meritor, Inc. et al

Filing 116

ORDER of Mediation and Suspension of Deadlines. Signed by Magistrate Judge Jane M. Virden on 10/16/20. (ncb)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION
PRISCILLA MCAFEE
versus
MERITOR, INC., et al.

PLAINTIFFS
Civil Action No. 4:18-cv-33-DMB-JMV
DEFENDANTS

JOHNNIE WILLIAMS
versus
MERITOR, INC., et al.

PLAINTIFFS
Civil Action No. 4:18-cv-35-DMB-JMV
DEFENDANTS

CHARLIE MACK
versus
MERITOR, INC., et al.

PLAINTIFFS
Civil Action No. 4:18-cv-42-DMB-JMV
DEFENDANTS
ORDER

On October 14, 2020, the Court held a telephonic status conference with counsel for
Plaintiffs and counsel for defendants Meritor, Inc.; Rockwell Automation, Inc.; and The Boeing
Company (collectively, the “Meritor Defendants”).
Having heard from counsel for the Plaintiffs and counsel for the Meritor Defendants,
having reviewed the pleadings and procedural history of the litigation, being advised that no
counsel for the parties objects to proceeding with mediation, and to conserve the Court’s and
parties’ resources and time, the Court is of the opinion that an Order directing mediation may
provide the opportunity for a mutually beneficial compromise. Therefore, the Court orders as
follows:
1.

ORDERED THAT each plaintiff and the Meritor Defendants shall attend a

mediation at an agreed upon date, time, and location in Grenada, Mississippi;

2.

ORDERED THAT counsel for the Meritor Defendants shall submit a written

report within three business days after the final mediation session (currently scheduled for
December 1, 2020) about the results of mediation;
3.

ORDERED THAT counsel for the parties, only after consulting with the CDC,

the Mississippi Department of Health (“MDH”) and local health authorities for up-to-date
guidance and requirements, are directed to implement and reasonably enforce measures to ensure
to the extent possible all participants are safe from potential unnecessary exposure to the
COVID-19 virus during all proceedings. The parties should also implement videoconferencing
and/or teleconferencing for participation where in-person participation poses an unnecessary
COVID risk for any party due to health issues as may be indicated by MDH; and
4.

ORDERED THAT all deadlines pending pursuant to the current Case

Management Order are suspended and held in abeyance until the Court convenes a status
conference following receipt of the mediation report referenced in paragraph 2. If any claims
remain, the Court shall enter a new Case Management Order resetting applicable deadlines.
ORDERED AND ADJUDGED, this 16th day of October, 2020.

/s/ Jane M. Virden
UNITED STATES MAGISTRATE JUDGE

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PREPARED BY AND AGREED TO:
/s/ Phillip S. Sykes
Counsel for the Meritor Defendants
AGREED:
/s/ Marquette W. Wolf
Counsel for the Plaintiffs

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