Opinion
Case No. 8:09-cv-2316-T-33MAP.
July 22, 2010
ORDER
This cause comes before the Court pursuant to the parties' Stipulation (Doc. # 42), which was filed on July 22, 2010. The Stipulation was filed after proceedings before the Honorable Mark A. Pizzo, United States Magistrate Judge, on July 6, 2010. (Doc. # 41). The Stipulation resolves the issues raised in the Motions of Kelsey C. Bedinghaus Seeking the Court's Assistance in Framing a Joint Stipulation Remanding this Matter to State Circuit Court (Doc. ## 20 and 29), and accordingly, those motions will be terminated.
This Court adopts as its own the parties' Stipulation and incorporates by reference in this Order each provision of the Stipulation.
Accordingly, the Court stays and administratively closes this matter pending resolution in the state court. In addition, because the state court proceedings will be tried first, Court relieves the parties of the obligation of participating in Federal Court Annexed Mediation before Jacob Munch, Esq. on August 20, 2010. Of course, if the parties believe that this matter can be completely resolved through mediation with Attorney Munch, they are free to so mediate this case as set forth in the Court's June 23, 2010, Order appointing Attorney Munch. (Doc. # 38). However, since all deadlines and proceedings in the federal action are now stayed, this Court will not require the parties to participate in the mediation conference at this time. If the parties return to the federal forum after resolution in the state court, the Court will require the parties to participate in mediation, if appropriate under the circumstances.
Accordingly, it is now
ORDERED, ADJUDGED, and DECREED: ADOPTED AND APPROVED STAYED AND ADMINISTRATIVELY CLOSED
(1) The parties' Stipulation (Doc. # 42) is in all respects. (2) This case is pending resolution in the state court. (3) The Clerk is directed to terminate the Motions of Kelsey C. Bedinghause Seeking the Court's Assistance in Framing a Joint Stipulation Remanding this Matter to State Circuit Court (Doc. # 20) and (Doc. # 29). DONE and ORDERED in Chambers in Tampa, Florida.