Booker v. Johnson et al

Filing 41

ORDER FOR COURT-CONDUCTED MEDIATION - Settlement Conference set for 2/8/2012 11:30 AM in Chambers before Magistrate Judge Michael J Newman. Not later than Wednesday, February 1, 2012, each party shall submit a "Mediation Statement" to the Court. Parties are directed to submit their statement to the Court via e-mail at: [e-mail]. Signed by Magistrate Judge Michael J. Newman on 01/11/2012. (kf)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
Dora Booker,

Case No. 3:10-cv-157
:
Plaintiff,
:

District Judge Thomas M. Rose
Magistrate Judge Michael J. Newman
:

-vsGregory D. Johnson, et.al.,
:
Defendants.

ORDER FOR COURT-CONDUCTED MEDIATION

The above-captioned action is hereby set for mediation at 11:30 a.m. on Wednesday,
February 08, 2012, in the Room 505, at the United States Courthouse and Federal Building, 200
West Second Street, Dayton, Ohio 45402. The terms and conditions of the mediation are as follows:
Designation of Mediator: At the request of counsel for both parties, the undersigned will
serve as the mediator in this case. The case remains assigned for trial and all other purposes to
District Judge Thomas M. Rose.
Preparation for Mediation: Not later than Wednesday, February 1, 2012, each party shall
submit a “Mediation Statement” to the Court. Parties are directed to submit their statement to the
Court via e-mail at: [e-mail]. The statement shall set forth the
relevant positions of the parties concerning factual issues, issues of law, damages, and the settlement
negotiation history of the case, including a recitation of any specific demands and offers that have
been conveyed. Statements should not exceed ten pages in length. The contents of each party’s
statement will not be shared with the other party, and will only be used to assist the mediator

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in understanding the parties’ respective positions. These statements will be maintained by the
Court separate and apart from the case file. If a party is concerned that having all of the parties in
the same room at the outset of the mediation could hinder a resolution, that party should inform the
mediator of its concerns in the mediation statement.
Attendance and Participation:

Unless excused by the Court, parties or party

representatives with complete authority to negotiate a settlement of the case shall attend the
mediation session.
•

For a party which has made a claim in the case, such representative must
have final authority, in the representative’s own discretion, to authorize
dismissal of the claim with prejudice or to accept a settlement payment equal
to the opposing party’s last offer.

•

For a party defending a claim, such representative must have final settlement
authority to commit the party to pay, in the representative’s own discretion,
a settlement amount equal to the opposing party’s prayer or last offer,
whichever is less.

•

Any insurance company which is a party or is contractually required to
defend or pay damages, if any, assessed within its policy limits in this case
must have a fully authorized representative present. Such representative
must have final settlement authority to commit the company to pay, in the
representative’s own discretion, an amount within the policy limits, or up to
the claiming party’s last demand, whichever is less.

•

Negotiations may be conducted solely by trial counsel if, but only if, counsel
has been fully authorized by his or her client to pay or accept in settlement
the amount last proposed by the opposing party in counsel’s sole discretion.

Confidentiality: Pursuant to S. D. Ohio Civ. R. 16.3(c), all statements made by the parties
relating to the substance or merits of claims or defenses made in the case, whether written or oral,
made for the first time during the mediation conference or in the mediation conference statements
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required above shall be kept confidential by the Court, the parties, and counsel and shall not be
admissible in evidence for any reason during the trial of this case. This provision does not preclude
admissibility in other contexts, such as a motion for sanctions regarding the mediation conference.
Sanctions: The Court has no doubt of the good faith of both counsel and the parties in this
case. Out of an abundance of caution and because of the experience of many judges in conducting
mediation conferences, however, the Court notes that failure to comply with any portion of this
Order is sanctionable under Fed. R. Civ. P. 16(f).

January 11, 2012.
s/ Michael J. Newman
United States Magistrate Judge

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