Cooper v. City of Starke, Florida

Full title: Lemuel Cooper, et al., Plaintiffs, v. City of Starke, Florida, et al.…

Court: United States District Court, M.D. Florida, Jacksonville Division

Date published: Oct 17, 2011

Case No. 3:10-cv-280-J-34MCR (M.D. Fla. Oct. 17, 2011)

Opinion

Case No. 3:10-cv-280-J-34MCR.

October 17, 2011

ORDER

MONTE RICHARDSON, Magistrate Judge

THIS CAUSE is before the Court on Defendants' Motion to Be Excused from Mediation (Doc. 104) filed October 9, 2011. Defendants Walter A. McNeil, Bobby Adams, Mark McAlister, Jason Polk, Richard Shuler, and Scott Stewart request this Court excuse them from attending the mediation scheduled in this case. Plaintiffs filed a response in opposition to Defendants' Motion on October 17, 2011 (Doc. 113).

Local Rule 9.05(c) of the Middle District of Florida requires "all parties . . . be present at the Mediation Conference with full authority to negotiate a settlement." M.D. Fla. R. 9.05(c). Here, the Court finds Defendants presence is necessary to conduct a meaningful mediation.¹ Accordingly, after due consideration, it is

1 The Court recognizes Defendants argument that they may not have sufficient time to fully participate at mediation. See (Doc. 104). If settlement can not be reached and Defendants wish the undersigned to conduct a further settlement conference at a later date, Defendants may petition the Court at that time.

ORDERED:

Defendants' Motion to Be Excused from Mediation (Doc. 104) is DENIED. DONE AND ORDERED in Chambers in Jacksonville, Florida