Titus v. Verizon Wireless et al

Filing 53

ORDER FOR COURT-CONDUCTED MEDIATION. Signed by Magistrate Judge Michael J Newman on 2/17/2012. (mdf1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
MELISSA TITUS

:

Plaintiff,

Case No. 3:10-cv-469

:
Judge Walter H. Rice

-vs-

:

VERIZON WIRELESS, et al.,
Defendants.

:
:

ORDER FOR COURT-CONDUCTED MEDIATION

The above-captioned action is hereby set for mediation on Tuesday, February 21, 2012.
The Mediation will be conducted by telephone. The Court will first contact counsel for Defendant
at 8:00 a.m. After the conclusion of that call, the Court will then contact counsel for Plaintiff at
8:45 a.m. The terms and conditions of the mediation are as follows:
Designation of Mediator: On Order of Judge Rice, the undersigned will serve as the
mediator in this case. The case remains assigned for trial and all other purposes to District Judge
Walter H. Rice.
Preparation for Mediation: The submission of Mediation Statements is optional. If a party
desires to submit a Mediation Statement, the parties are directed to submit their statement to the
Court via e-mail at: [e-mail] no later than Tuesday, February
21, 2012 at 7:00 a.m. THE MEDIATION STATEMENTS ARE NOT TO BE FILED IN THIS
CASE. 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
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any specific demands and offers that have been conveyed. Statements should not exceed five 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 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. 16.39(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).

February 17, 2012
s/ Michael J. Newman
United States Magistrate Judge

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