Lee v. Sevenson Environmental Services, Inc.

Filing 75

ORDER granting 70 Joint Motion for Leave to Use Retired United States Magistrate Judge C. Cleveland Gambill as the Mediator. Magistrate Judge Gambill or counsel for the parties, on behalf of Magistrate Judge Gambill SHALL FILE a report of mediation complying with the requirements of Local Rule 16.4(m) on or before August 16, 2013.Signed by Magistrate Judge C Clifford Shirley, Jr on 06/18/2013. (KAW)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
RUSSELL LEE,
Plaintiff,
v.
SEVENSON ENVIRONMENTAL
SERVICES, INC.,
Defendant,
v.
ST. PAUL NAVIGATION, INC. d/b/a
MARINE INLAND FABRICATORS and
SISCO MARINE, LLC d/b/a MARINE
INLAND FABRICATORS,
Third-Party Defendants.

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No. 3:11-CV-282
(JORDAN/SHIRLEY)

MEMORANDUM AND ORDER
This case is before the undersigned pursuant to 28 U.S.C. § 636, the Rules of this Court,
Standing Order 13-02, and the referral of the District Judge. Now before the Court is the parties’
Joint Motion for Leave to Use Retired United States Magistrate Judge C. Cleveland Gambill as
the Mediator in this Case [Doc. 70]. For the reasons stated herein, the Joint Motion will be
GRANTED.
Local Rule 16.3 requires that the Court shall approve the persons who serve as mediators
in cases pending in the Eastern District of Tennessee. See E.D. Tenn. L.R. 16.4(c). The Eastern
District of Tennessee has established certain qualifications for persons who mediate cases in this
District, see E.D. Tenn. L.R. 16.4(k), and generally, it is expected that the parties will select a
mediator from the list of persons who the Court has deemed to have met these qualifications, see

E.D. Tenn. L.R. 16.4(d). The undersigned is very familiar with the Federal Mediation Program
and has previously served as the administrator of the Program.
In this case, the parties move the Court to allow them to use a mediator, who is not listed
as a qualified mediator through the Eastern District of Tennessee’s Federal Mediation Program.
Specficially, they move the Court to allow retired United States Magistrate Judge C. Cleveland
Gambill to mediate this case. In support of their request to use Magistrate Judge Gambill as a
mediator, the parties cite the Court to his extensive experience with the Jones Act and the general
maritime law, which are implicated in this case.
The Court has reviewed Magistrate Judge Gambill’s lengthy and distinguished
curriculum vitae, and the Court finds that Magistrate Judge Gambill is well-qualified to mediate
the parties’ claims. The Court finds that good cause exists for allowing the parties to engage
Magistrate Judge Gambill as the mediator for this case, and accordingly, the Joint Motion for
Leave [Doc. 70] is GRANTED. Magistrate Judge Gambill – or counsel for the parties, on
behalf of Magistrate Judge Gambill – SHALL FILE a report of mediation complying with the
requirements of Local Rule 16.4(m) on or before August 16, 2013.
IT IS SO ORDERED.
ENTER:
s/ C. Clifford Shirley, Jr.
United States Magistrate Judge

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