Koester et al v. Young Men's Christian Association of Greater St. Louis
MEMORANDUM AND ORDER... IT IS HEREBY ORDERED that Plaintiffs' Motion for In Camera Review of Parties' Mediation Communications and for Reconsideration of Interlocutory Order (ECF No. 192 ) is DENIED. The Court will issue a final award of attorneys' fees at a later date. Signed by District Judge Ronnie L. White on 2/12/2018. (NEP)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
YOUNG MEN'S CHRISTIAN
ASSOCIATION OF GREATER
No. 4:14CV1772 RLW
MEMORANDUM AND ORDER
This matter is before the Court on Plaintiffs' Motion for In Camera Review of Parties'
Mediation Communications and for Reconsideration of Interlocutory Order. (ECF No. 192)
Plaintiffs contend that the Court's order granting Defendant's motion for attorneys' fees is
erroneous and should be reconsidered. Specifically, Plaintiffs disagree with the Court's
determination that Plaintiffs' refusal to submit any objective evidence ofN.K.'s disability and
accommodation needs demonstrated that Plaintiffs continued to litigate their claim with no
intention of accommodating N.K. (ECF No. 185 pp. 4-5) Plaintiffs' assert that the specific
communications between the parties during mediation contradict the Court's determination.
Plaintiff requests that the Court review the mediation communications in camera and reconsider
the Order granting attorneys' fees to the Defendant. Defendant, on the other hand, responds that
the mediation communications are confidential and cannot form the basis of Plaintiffs' motion to
Upon review of the motion and the related memoranda, the Court will deny Plaintiffs'
motion. Under Local Rule 6.04 of the Local Rules of the United States District Court for the
Eastern District of Missouri, "[a]lternative dispute resolution proceedings are private and
confidential .... All written and oral communications made or disclosed to the neutral are
confidential and may not be disclosed by the neutral, any party, or other participant, unless the
parties otherwise agree in writing." E.D. Mo. L.R. 6.04(A). The Court finds that Plaintiffs have
not set forth sufficient reasons to disclose the confidential mediation communications between
the parties during ADR. Greater St. Louis Constr. Laborers Welfare Fund v. X-L Contracting,
Inc., No. 4:14-CV-946-SPM, 2016 WL 3432529, at *9 (E.D. Mo. June 22, 2016).
Further, the Court denies Plaintiffs' motion to reconsider the Order of July 7, 2017,
granting Defendant's motion for attorneys' fees. (ECF No. 185) Plaintiffs vigorously opposed
Defendant's motion for an award of attorneys' fees, and the Court thoroughly considered all
materials submitted in support and in opposition of that motion. "A motion for reconsideration is
not a vehicle to identify facts or legal arguments that could have been, but were not, raised at the
time the relevant motion was pending." Julianello v. K-V Pharm. Co., 791 F.3d 915, 923 (8th
IT IS HEREBY ORDERED that Plaintiffs' Motion for In Camera Review of Parties'
Mediation Communications and for Reconsideration oflnterlocutory Order (ECF No. 192) is
DENIED. The Court will issue a final award of attorneys' fees at a later date.
Dated this 12th day of February, 2018.
RONNIE L. WHITE
UNITED STATES DISTRICT JUDGE
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