Ismail v. Union et al

Filing 68

ORDER granting 62 Motion for Order for Payment of Mediator Fees. Signed by Magistrate Judge Robert B. Jones, Jr on 3/12/2015. Copy mailed to plaintiff via US Mail at 3425 Sea Eagle Court, Wilmington, NC 28409. (Marsh, K)

THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 7:13-CV-00094-BR

FAI SAL ISMAIL,

)
)

Plaintiff,

)
)

V.

ORDER

)

)

UNITED TRANSPORTATION UNION
and CSX TRANSPORA TION, INC.,

)
)
)

Defendants.

)

This matter is before the Court on the Motion for Order for Payment of Mediator Fees
[DE-62] filed by Patricia L. Holland ("Movant"). Movant is a mediator certified by this court
who conducted the mandatory mediated settlement conference in this case on September 25,
2014. Mot. [DE-62] at 1. Movant contends that Plaintiff Faisal Ismail has failed to pay his
portion of the mediator fee in the amount of $587.80. !d., Ex. B [DE-62-2] at 1. Plaintiff was
represented by counsel when this matter was filed but has been proceeding pro se since prior to
the mediation. [DE-28, -35]. Prior to the filing of this motion, Movant requested payment from
Plaintiff by email dated December 17, 2014, but Plaintiff failed to make payment. !d., Ex. C
[DE-62-2] at 2. Plaintiff has failed to respond to the motion.
Local Civil Rule 101.1 b(b) provides for the compensation of mediators serving pursuant
to the court's Local Alternative Dispute Rules.

Movant was selected by the parties and

appointed by the court, pursuant to Local Civil Rule 101.1c(a), to mediate this matter. [DE-18,19]. Plaintiff has failed to dispute the validity of his portion of the mediator's fee or to petition
the court, pursuant to Local Civil Rule 101.1 b( c), for relief due to financial hardship.

Accordingly, Movant's motion [DE-62] is ALLOWED, and Plaintiff shall pay Patricia L.

2