Saint Francis Medical Center et al v. Walsh et al

Filing 34

MEMORANDUM AND ORDER..IT IS HEREBY ORDERED that Defendants/Third Party Plaintiffs' Motion to Excuse Defendants/Third Party Plaintiffs from Payment of Mediation Costs or Alternatively to Appoint a Neutral who will Serve Pro Bono (ECF No. 32) is D ENIED. IT IS FURTHER ORDERED that Defendants/Third Party Plaintiffs' Motion to Allow Defendants/Third Party Plaintiffs to Attend Mediation via Attorney Representation Only (ECF No. 33) is DENIED.. Signed by District Judge Ronnie L. White on 11/8/17. (MRS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
SAINT FRANCIS MEDICAL CENTER,
Plaintiff,
v.
ROBERT WALSH and
KAREN WALSH,
Defendants and
Third Party Plaintiffs,
v.
MISSOURI COOPERATIVES EMPLOYEES
HEALTH CARE FUND HEALTH BENEFIT
PLAN NUMBER 2,
Third Party Defendant.

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

No. 1:16CV270 RLW

MEMORANDUM AND ORDER
This matter is before the Court on Defendants/Third Party Plaintiffs' Motion to Excuse
Defendants/Third Party Plaintiffs from Payment of Mediation Costs or Alternatively to Appoint
a Neutral who will Serve Pro Bono (ECF No. 32) and Defendants/Third Party Plaintiffs' Motion
to Allow Defendants/Third Party Plaintiffs to Attend Mediation via Attorney Representation
Only (ECF No. 33).
In the Motion to Excuse Defendants/Third Party Plaintiffs from Payment of Mediation
Costs or Alternatively to Appoint a Neutral who will Serve Pro Bono, counsel for
Defendants/Third Party Plaintiffs ("the Walshes") states that upon information and belief, the
Walshes do not have the financial ability to pay their pro rata share of the neutral' s fee or any
other costs of mediation. (ECF No. 32 ~~ 3-4) Under the Local Rules of the United States

District Court for the Eastern District of Missouri, "[a] party who demonstrates a financial
inability to pay all or part of that party's pro rata share of the neutral's fee may file a motion
asking the Court to appoint a neutral who will serve pro bono. The Court may waive all or part
of that party's share of the fee." E.D. Mo. L.R. 6.03(C)(2). The rule applies to indigent parties
who demonstrate a financial inability to pay. The Walshes have failed to make such showing.
Thus, the Court will deny the Motion to Excuse Defendants/Third Party Plaintiffs from Payment
of Mediation Costs or Alternatively to Appoint a Neutral who will Serve Pro Bono.
With respect to the Walshes' Motion to Allow Defendants/Third Party Plaintiffs to
Attend Mediation via Attorney Representation Only, counsel for the Walshes asserts that the
Walshes have recently moved and changed their telephone numbers, rendering counsel unable to
communicate with the Walshes. (ECF No. 33

~~

4-5) Local Rule 6.02 provides, "[a]ll named

parties and their counsel are required to attend the ADR conference, participate in good faith,
and possess the requisite settlement authority unless excused under paragraph (B)(2)." E.D. Mo.
L.R. 6.02(B)(l). Such attendance may be excused "only after a showing that personal attendance
would impose an extraordinary or otherwise justifiable hardship." E.D. Mo. L.R. 6.02(B)(2).
The rule further requires the "person seeking to be excused" to file a motion that "(a) set[s] forth
all considerations that support the request; (b) identif[ies] an appropriate substitute; and (c)
indicate[s] whether the other party or parties join in or object to the request." E.D. Mo. L.R.
6.02(B)(2)(a)-(c).
The W alshes have failed to demonstrate that personal attendance would impose such
extraordinary hardship. Counsel's inability to locate and contact the Walshes, who have filed a
counterclaim against the Plaintiff Saint Francis Medical Center and a crossclaim against Third
Party Defendant Missouri Cooperatives Employees Health Care Fund, is insufficient to justify

2

their absence from ADR. Indeed, counsel contends that the Walshes are unaware of the
mediation date, indicating that they have no knowledge of the present motion filed on their
behalf. Further, the motion does not specify whether the other parties agree or object to the
request. Therefore, the Court will deny the Motion to Allow Defendants/Third Party Plaintiffs to
Attend Mediation via Attorney Representation Only.
Accordingly,

IT IS HEREBY ORDERED that Defendants/Third Party Plaintiffs' Motion to Excuse
Defendants/Third Party Plaintiffs from Payment of Mediation Costs or Alternatively to Appoint
a Neutral who will Serve Pro Bono (ECF No. 32) is DENIED.

IT IS FURTHER ORDERED that Defendants/Third Party Plaintiffs' Motion to Allow
Defendants/Third Party Plaintiffs to Attend Mediation via Attorney Representation Only (ECF
No. 33) is DENIED.
Dated this 8th day ofNovember, 2017.

UNITED STATES DISTRICT JUDGE

3