Hunter v. Salem, Missouri, City of et al

Filing 40

ORDER REFERRING CASE to Alternative Dispute Resolution. This case is referred to: Mediation. Designation of Lead Counsel: Anthony E. Rothert ADR Completion Deadline due by 1/4/2013. ADR Compliance Report Deadline due by 1/18/2013. Designation of Neutral due by 12/7/2012. ADR Conference Schedule due by 12/7/2012. Signed by District Judge E. Richard Webber on November 2, 2012. (BRP)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
ANAKA HUNTER,
Plaintiff(s),
vs.
BOARD OF TRUSTEES, SALEM PUBLIC
LIBRARY; GLENDA WOFFARD,
Defendant(s).

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Case No. 4:12CV00004 ERW

ORDER
REFERRING CASE TO ALTERNATIVE DISPUTE RESOLUTION
The Court finds that this cause is appropriate for referral to an alternative form of dispute
resolution as provided by the local rules of this Court and in accordance with the Case Management
Order:
IT IS HEREBY ORDERED that:
(a)

Referral to ADR: This case is referred to:

Mediation.

(b)

Conduct of ADR Conference(s): Conference(s) shall be conducted in accordance
with the procedures outlined in E.D.Mo. L.R. 6.01 - 6.05.

(c)

Scheduling ADR Conference(s): The ADR conference(s) shall be concluded before
January 4, 2013, unless extended by order of the Court. Although ADR conferences
may be conducted at any location agreed to by the parties, counsel, and the assigned
neutral, the parties are advised that such conferences may be conducted in designated
space in the United States District Court, 111 So. 10th Street, 5th Floor, St. Louis,
Missouri, by making arrangements with the Office of the Clerk.

(d)

Designation of Lead Counsel: Anthony E. Rothert is designated as lead counsel and
shall be responsible for working with the parties and the neutral to coordinate an
agreeable date, time, and, if necessary, location for the initial ADR conference.

(e)

Responsibilities of Lead Counsel: Not later than December 7, 2012, lead counsel
shall notify the clerk of the agreed choice of neutral selected by the parties and the
date, time and location of the initial ADR Conference (see

Designation of

Neutral/ADR Conference Report form, <www.moed.uscourts.gov>, ADR, forms).
Upon selection of the neutral, lead counsel shall send a copy of this order to the
neutral.
(f)

General Rules Governing ADR Conference(s): Although the ADR process is defined
in detail in the Local Rules, the following additional guidelines shall govern the
process:
(1)

Memoranda: Not later than ten (10) days prior to the initial ADR conference,
each party will provide the neutral with a memorandum presenting a summary
of disputed facts and a narrative discussion of its position relative to both
liability and damages. These memoranda shall be treated as Confidential
Communications and shall not be filed in the public record of the case nor
provided to any other party or counsel.

(2)

Disclosure of Participants and Duty to Attend: Not later than ten (10) days
prior to the ADR Conference, each party will provide to the opposing party,
and to the neutral, a list of all persons who will participate in the ADR
Conference on behalf of the party making the disclosure. This list shall state
the names of the individuals attending and their general job titles. Pursuant
to Rule 16-6.02(B), all parties, counsel of record, and corporate
representatives or claims professionals having authority to settle claims shall
attend the mediation conference in person unless otherwise agreed to by the
parties or approved by the court, and participate in good faith. For early
neutral evaluation conferences, all counsel of record and their clients shall
attend in person unless otherwise agreed to by the parties or approved by the
court.

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(3)

(4)

(g)

Authority of the Neutral: The neutral shall have authority to consult and
conduct conferences and private caucuses with counsel, individual parties,
corporate representatives and claims professionals, to suggest alternatives,
analyze issues and positions, question perceptions, stimulate negotiations, and
keep order.
Compliance with Deadlines: All deadlines must be complied with in a timely
fashion and the appropriate forms filed with the Clerk of the District Court.
If a deadline cannot be met, the designated lead counsel shall file a motion
requesting an extension of the deadline prior to the expiration of that
deadline. Noncompliance of any deadline set herein by this Court may result
in the imposition of sanctions to the appropriate party or parties.

Compensation of the Neutral: The neutral shall receive reasonable compensation for
services rendered pursuant to this order, which, unless otherwise agreed by counsel,
shall be borne by the parties in accordance with Rule 6.03(C)(1). Compensation is
payable to the neutral upon the conclusion of the ADR referral.

Nothing in this order alters the Case Management Order previously entered in this
case. All deadlines set forth in that Case Management Order remain in full force and effect.
SO ORDERED this 2nd Day of November , 2012.

E. RICHARD WEBBER
SENIOR UNITED STATES DISTRICT JUDGE

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
ANAKA HUNTER,
Plaintiff(s),
vs.
BOARD OF TRUSTEES, SALEM PUBLIC
LIBRARY; GLENDA WOFFARD,
Defendant(s).

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Case No. 4:12CV00004 ERW

DESIGNATION OF NEUTRAL BY PARTIES
AND
ADR CONFERENCE REPORT
Pursuant to the Court’s Order Referring Case to ADR, for mediation, dated November 2,
2012, the parties hereby designate by agreement the following individual from the Court’s list of
Certified Neutrals to serve as Neutral in the above-styled action:
Name of Neutral:
Firm Name and Address:

Telephone & FAX Number:
The attorneys of record in this case are:
Name of Lead Counsel:
Firm Name and Address:

Telephone & FAX Number:

Name of Other Counsel:
Firm Name and Address:

Telephone & FAX Number:
The completion deadline for this ADR referral is January 4, 2013.
The parties, in consultation with the assigned neutral, hereby designate by agreement the
following date, time, and location of the initial ADR conference:
Date of Conference:
Time of Conference:

a/p.m.

Location of Conference (Check One):
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Designated Space at the United States Courthouse, 111 So. 10th Street, St. Louis,
MO

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Other Location:

All parties and the assigned neutral have been given at least fourteen (14) days notice of the
above-dated conference. The neutral shall schedule any additional conference(s) in consultation with
the parties.
We, the undersigned parties to this action, declare that this designation is both consensual and
mutual.

Date
Signature of Plaintiff(s)

Signature of Defendant(s)