Goldman et al v. Phillips & Sons Drilling, Inc. et al

Filing 97

ORDER DENYING JOINT MOTION 96 IN SUPPORT OF MEDIATION. Signed by District Judge Gina M. Groh on 6/9/2014. (tlg)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF WEST VIRGINIA
MARTINSBURG

DAVID GOLDMAN and
ADAM GOLDMAN,
Plaintiffs,
v.

CIVIL ACTION NO: 3:13-CV-152
(JUDGE GROH)

PHILLIPS & SONS DRILLING, INC.
and MID MARYLAND EXCAVATING, INC.,
Defendants.
ORDER DENYING JOINT MOTION IN SUPPORT OF MEDIATION
Currently pending before the Court is the parties’ Joint Motion in Support of
Mediation [Doc. 96], filed on June 6, 2014. In this motion, the parties request that the Court
order that non-parties to this action–USAA Insurance Company and National Subrogation
Services–attend a mediation session scheduled for June 24, 2014. The parties contend
that the attendance of these entities is needed because USAA is seeking repayment from
the Defendants of an insurance claim paid to the Plaintiffs for the property damage
underlying this case.
This Court lacks the authority to issue the relief requested. Under Federal Rule of
Civil Procedure 16(a), this Court can “order the attorneys and any unrepresented parties
to appear for one or more pretrial conferences for such purposes as . . . facilitating
settlement.”

This rule does not authorize the Court to order non-parties to attend

mediation. Local Rule of Civil Procedure 16.06(c) reinforces this principle as it mandates
only that “counsel and the parties or their representatives who have full authority to make

final and binding decisions” attend mediation. Accordingly, the Court DENIES the Joint
Motion in Support of Mediation because the Court cannot order that non-parties to this
matter attend mediation. See Lamastus v. Bethany Home Ass’n of Lindsborg, Kan., Civil
Action No. 05-1309-MLB, 2006 WL 1360578, at *3-4 (D. Kan. May 18, 2006) (denying
motion to sanction non-party for failing to attend mediation in person given that Federal
Rules of Civil Procedure and local rules did not mandate non-party’s attendance).
It is so ORDERED.
The Clerk is directed to transmit copies of this Order to all counsel of record.
DATED: June 9, 2014.

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