Steelman v. Marose et al

Filing 39

MEMORANDUM AND ORDER; IT IS HEREBY ORDERED that defendant's motion to vacate the ADR referral [Doc. # 38 ] is DENIED. IT IS FURTHER ORDERED that the deadline for completion of ADR is extended to May 15, 2013. (ADR Completion Deadline due by 5/15/2013., ADR Compliance Report Deadline due by 5/29/2013) Signed by District Judge Carol E. Jackson on 01/15/2013; (DJO)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
CONNIE STEELMAN,
Plaintiff,
vs.
MAROSE PROPERTIES II, LLC.,
Defendant.

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Case No. 4:12-CV-5 (CEJ)

MEMORANDUM AND ORDER
This matter is before the Court on defendant’s motion to vacate the referral to
alternative dispute resolution or, in the alternative, to extend the period of time for
conducting ADR and order that the parties share the costs.
Defendant states that plaintiff has raised a series of objections to participating
in ADR. First, because of plaintiff’s disability, she will not be able to attend ADR until
the weather warms. Second, plaintiff has told defendant that she is unwilling to pay
her portion of the ADR fees. Third, plaintiff has expressed doubts (shared by the
defendant) regarding the productivity of ADR.
This matter was referred to ADR on December 17, 2012.

This referral

constitutes a court order requiring the parties to participate in ADR and no order
compelling participation is required or forthcoming.

The parties are required to

participate in good faith in mediation. The Court is not persuaded that it will prove
unproductive.
To accommodate plaintiff’s disability, the Court will extend the deadline for
completion of ADR until May 15, 2013. This extension will not alter any other deadlines

set forth in the Case Management Order nor will it affect the September 23, 2013 trial
date. Because the date for completion of ADR has been moved to a month when the
temperature should be warm, plaintiff will not be permitted to participate by telephone.
Finally, absent a motion from plaintiff, the Court will not consider excusing
plaintiff from sharing the cost of mediation.
Accordingly,
IT IS HEREBY ORDERED that defendant’s motion to vacate the ADR referral
[Doc. # 38] is DENIED.
IT IS FURTHER ORDERED that the deadline for completion of ADR is extended
to May 15, 2013.

___________________________
CAROL E. JACKSON
UNITED STATES DISTRICT JUDGE
Dated this 15th day of January, 2013.