Mader v. Martin

Filing 64

ORDER that parties shall file a stipulation of dismissal within 30 days; and denying as moot Plaintiff's Petition and Order for Relief from Obligation to Pay Mediator's Fee [Doc. 63-1]. Signed by District Judge Martin Reidinger on 2/5/14. (Pro se litigant served by US Mail.)(khm)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:13-cv-00032-MR-DLH

BARBARA EWA MADER,

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Plaintiff,
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vs.
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JEFFREY DEAN MARTIN,
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Defendant.
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_______________________________ )

ORDER

THIS MATTER is before the Court on the Mediator’s Report advising
that this matter has been completely settled.

The Court will allow the

parties thirty (30) days in which to file a stipulation of dismissal. [Doc. 63].
Attached to the Mediator’s Report is a “Petitioner and Order for Relief
from Obligation to Pay Mediator’s Fee,” which appears to be a motion by
the Plaintiff seeking relief from the obligation to pay a share of the
Mediator’s fee.1 [Doc. 63-1]. Pursuant to the Local Rules of this Court, any
attorney who seeks to be certified as a mediator in this District must agree
to waive payment of fees from parties found by the Court to be indigent.
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The attachment of this Petition to the Mediator’s Report is in violation of Local Rule
7.1(C)(2), which requires motions to be set forth in separately filed pleadings.

The Court previously determined the Plaintiff to be indigent. [See Doc. 3].
As such, the Plaintiff is not obligated to pay a share of the Mediator’s fee
and therefore this request is moot.
IT IS, THEREFORE, ORDERED that the parties shall file a stipulation
of dismissal within thirty (30) days of the entry of this Order.
IT IS FURTHER ORDERED that the Plaintiff’s “Petitioner and Order
for Relief from Obligation to Pay Mediator’s Fee” [Doc. 63-1] is DENIED AS
MOOT.
IT IS SO ORDERED.

Signed: February 5, 2014

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