Lewis v. Turco et al
Filing
198
ORDER referring case to ADR and appointing pro bon counsel for mediation purposes only. Signed by Hon. H. Kenneth Schroeder, Jr on 12/9/2011. (KER)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
MICHAEL A. LEWIS,
Plaintiff,
v.
ORDER OF REFERRAL TO
ADR and APPOINTMENT OF
PRO BONO COUNSEL
08-CV-0913 HKS
ANTHONY D. TURCO, et al,
Defendants.
After due consideration, the Court finds that this case is appropriate for referral
to alternative dispute resolution as provided in Section 2.1.B of the Plan for Alternative
Dispute Resolution in the United States District Court for the Western District of New
York (the ADR Plan). A copy of the ADR Plan and related forms and documents can
be found at http://www.nywd.uscourts.gov or obtained from the Clerk’s Office.
IT HEREBY IS ORDERED, that this case is referred to mediation.
FURTHER, that ADR Program Administrator Barry L. Radlin will serve as
Mediator for this case.
FURTHER, that the contact information to be used for the Mediator is:
United States Courthouse, 2 Niagara Square, Buffalo, NY 14202;
Janet_Curry@nywd.uscourts.gov at (716) 551-1831.
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FURTHER, that Marylou Roshia, Esq. Is assigned, pro bono, to faithfully and
diligently represent the plaintiff, for mediation only, in this case,
FURTHER, that the Clerk of the Court shall mail to plaintiff and to plaintiff’s
counsel, together with a copy of this Order, a copy of the ADR Plan.
FURTHER, that the Clerk of the Court shall forward to plaintiff’s counsel a copy of
the Guidelines Governing Reimbursement from the District Court Fund of Expenses
Incurred by Court Appointed Counsel, which document and related forms are available
at http://www.nywd.uscourts.gov/document/fundreimbvoweb.pdf. The Court shall
further issue an Order directing that PACER fees be waived to provide pro bono
counsel the ability to access and print documents in this case at no cost.
FURTHER, that in the event any portion of plaintiff’s case file is not available
through PACER, the Clerk of the Court is directed to make those documents available
for counsel’s review in the Clerk’s Office and to copy any such portion of the file, as
requested. Counsel shall contact the Clerk’s Office in advance to make arrangements
for such file review.
FURTHER, that the initial mediation session shall be held no later than January
31, 2012 at the United States Courthouse in Buffalo, New York. If the plaintiff is
currently incarcerated, his/her participation will be by telephone or by video conference,
depending upon the arrangements able to be made with the correctional facility.
Counsel for the defendants is directed to cooperate with plaintiff’s counsel in notifying
the correctional facility of the date and time of the mediation session to ensure that the
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plaintiff is provided with communications access and his legal papers relative to this
action.
FURTHER, that the date, time and specific location within the United States
Courthouse for the initial mediation session shall be fixed by way of communications
with Mediator Barry L. Radlin.
FURTHER, that not less than ten calendar days before the initial mediation
session, the parties are to exchange, in writing, specific settlement demands and offers,
with copies provided to the Mediator and, if necessary, using the Mediator for the
exchange of said demands and offers.
FURTHER, that not less than ten calendar days before the initial mediation
session, each party shall provide the Mediator with a memorandum in accordance with
Section 5.6 of the ADR Plan, by regular mail or by email to
Janet_Curry@nywd.uscourts.gov. Said memorandum shall not be exchanged nor be
filed or docketed with the Court.
FURTHER, that the Mediator shall encourage and assist the parties in reaching a
resolution to their dispute, but may not compel or coerce the parties to settle.
FURTHER, that pursuant to Section 5.10 of the ADR Plan, information disclosed
during the mediation session shall remain confidential, and shall not be made known to
any other party or this Court, without consent of the disclosing party. The Mediator shall
not be called as a witness, nor may the Mediator’s records be subpoenaed or used as
evidence.
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FURTHER, that within ten days of the close of each mediation session, the
Mediator shall file a form “Mediation Certification” provided by the Court reciting whether
the case has settled and, if not, whether mediation will continue.
FURTHER, that this referral shall terminate on March 31, 2012.
SO ORDERED.
DATED:
Buffalo, New York
December 9, 2011
s/ H. Kenneth Schroeder, Jr.
H. KENNETH SCHROEDER, JR.
United States Magistrate Judge
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