O'Neal v. State Farm Fire and Casualty Company

Filing 110

ORDER denying Plaintiff's 90 Motion to Compel Mediation. Signed by District Judge Kymberly K. Evanson. (SB)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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DEBRA S. O'NEAL,
v.

CASE NO. C23-0232-KKE
Plaintiff,

ORDER DENYING MOTION TO COMPEL
MEDIATION

STATE FARM FIRE AND CASUALTY
COMPANY,
Defendant.

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This matter comes before the Court on Plaintiff’s motion to compel mediation. Dkt. No.

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90. Defendant opposed the motion (Dkt. No. 96) and Plaintiff replied (Dkt. No. 99). Neither party

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requested oral argument and the matter is ripe for the Court’s consideration. Because Defendant

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opposes mediation and Plaintiff fails to explain how involuntary mediation could be productive in

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this case, the Court denies the motion.

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This is an insurance coverage dispute. The case is set for a 5-day jury trial on October 28,

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2024. Dkt. No. 57. Plaintiff asks the Court to compel Defendant to participate in mediation under

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Local Civil Rule 39.1(c)(4), which provides for pro bono mediation services when one or both

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parties cannot afford to pay the anticipated fee for services of a mediator. Dkt. No. 90 at 1 (citing

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Local Rules W.D. Wash. LCR 39.1(c)(4)). Plaintiff’s argument that the Court should compel such

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mediation is based on (1) the parties’ statement in the joint status report that they “will engage in

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informal settlement discussions and private mediation if settlement discussions are not successful”
ORDER DENYING MOTION TO COMPEL MEDIATION - 1

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(Dkt. No. 90 at 4 (citing Dkt. No. 12)); and (2) subsequent conversations between counsel where

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Defendant represented an interest in participating in mediation (Dkt. No. 90 at 4–6, Dkt. No. 99).

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While the Local Rules allow the Court to order a party to participate in mediation (LCR

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39.1(a)(4), (c)(1)), and certain circumstances may warrant such compulsion, Plaintiff has not

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shown a forced mediation is warranted here over Defendant’s objection.

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The Court reminds the parties that voluntary participation in mediation is encouraged and

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that pro bono mediation services are available when one party cannot afford the costs and both

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parties agree to mediate. To be clear, pro bono mediation is free of charge to both parties. The

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parties are also reminded that under Local Rule 39, notice of any settlement must be provided to

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the Court “as soon as possible but no later than five (5) days before the day on which the case is

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set; otherwise jury expenses incurred by the government, if any, shall be paid to the clerk by the

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parties agreeing to such settlement or waiver.” LCR 39(d).

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Plaintiff’s motion to compel mediation is DENIED. Dkt. No. 90.

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Dated this 24th day of September, 2024.

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A
Kymberly K. Evanson
United States District Judge

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ORDER DENYING MOTION TO COMPEL MEDIATION - 2