UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

CASE NO. 9:20-cv-81063-RS 

STEVE HARTEL, Individually and on 

Behalf of All Others Similarly Situated, 

 Plaintiff, 

v. 

THE GEO GROUP, INC. and 

GEORGE C. ZOLEY, 

 Defendants. 

_____________________________________/ 

JOINT RESPONSE TO COURT’S ORDER [ECF No. 82] AND 

MOTION TO MODIFY ORDER OF REFERRAL TO MEDIATION [ECF No. 72] 

Lead Plaintiffs James Michael DeLoach and Edward Oketola (“Lead Plaintiffs”) and 

defendants The GEO Group, Inc. and George C. Zoley (“Defendants;” together with Lead 

Plaintiffs, the “Parties”), by and through their undersigned counsel, and pursuant to S.D. Fla. L.R. 

7.1, hereby respond to the Court’s November 2, 2022 Order [ECF No. 82] and jointly move the 

Court to modify the Court’s Order of Referral to Mediation, entered August 19, 2022 (“Mediation 

Order”) [ECF No. 72] to relieve the mediation participants from the obligation to appear in person. 

In support of this Motion, the Parties state as follows: 

1. Lead Plaintiffs’ Consolidated Class Action Second Amended Complaint (“SAC”) 

[ECF No. 46] alleges that Defendants violated the Securities Exchange Act of 1934 (the “Exchange 

Act”) by making materially false and misleading statements. The SAC sets forth two counts: 

Count I alleges violations of § 10(b) of the Exchange Act, 15 U.S.C. § 78j(b), and Rule 10b-5, 17 

C.F.R. § 240.10b-5, against both Defendants and Count II alleges violations of § 20(a) of the 

Exchange Act, 15 U.S.C. § 78t(a), against the individual Defendant, George C. Zoley. 

Case 9:20-cv-81063-RS Document 83 Entered on FLSD Docket 11/04/2022 Page 1 of 4
2. The Parties have spent significant time and efforts meeting and conferring on the 

selection of a mediator amenable to the Parties as well as to Defendants’ insurers. Nationally, 

there are a select few mediators familiar with and experienced in mediating the highly sophisticated 

securities class action claims asserted in this lawsuit. Ultimately, the Parties agreed to one such 

mediator – Robert A. Meyer with JAMS, who is based out of Los Angeles, California. 

3. Mr. Meyer is eminently qualified to serve as the mediator in this lawsuit. He is a 

Fellow of the American College of Trial Lawyers and has represented both plaintiffs and 

defendants in securities litigation, class actions and derivative suits, among other litigation, over 

nearly 40 years. As a mediator for more than 12 years, Mr. Meyer is ranked on the exclusive 

“National Mediators” List, Chambers USA (2019-2022), where he is recognized for being an 

“extraordinarily effective [mediator] because he comes well prepared and his views carry a lot of 

credibility.” Mr. Meyer’s detailed biography and accomplishments can be reviewed at 

https://www.jamsadr.com/meyer/. 

4. The Parties believe that mediation is appropriate now and may be fruitful at this 

early juncture before the significant time and expense of discovery. As such, the Parties desired 

for Mr. Meyer to conduct mediation at his earliest opportunity. Unfortunately, as Mr. Meyer is 

highly sought after, he does not have any availability in the standard Monday-to-Friday work week 

before Christmas 2022. 

5. However, given his willingness to accommodate the Parties and mediate this 

lawsuit, he graciously offered to schedule mediation on a Sunday – December 4, 2022 – on the 

condition that it be conducted remotely. 

6. The Parties recognize that the Court’s Mediation Order mandates that 

“[a]ppearance shall be in person; telephonic and videoconference appearance is prohibited.” ECF 

No. 72 (emphasis in original). However, even if the mediator would agree to drop his condition, 

Case 9:20-cv-81063-RS Document 83 Entered on FLSD Docket 11/04/2022 Page 2 of 4
it is logistically difficult and unduly burdensome for all participants in the mediation to gather 

together in person on Sunday, December 4th in Los Angeles. 

7. The Parties and counsel in this lawsuit are located throughout the country. 

Defendants and their counsel are located in Florida. Counsel for Lead Plaintiffs are in Florida, 

Washington D.C., Colorado, and California. One Lead Plaintiff (Mr. DeLoach) is in Texas. 

Defendants’ insurance representatives are in Washington D.C. and Connecticut. One Lead 

Plaintiff (Mr. Oketola) is in California. 

8. Requiring in person mediation would compel more than ten individuals to fly across 

the country over the weekend. This would impose a substantial burden on all involved, as it would 

deprive mediation participants of invaluable time with their families and children. Further, at least 

one undersigned counsel observes the Jewish Sabbath and would not be able to travel from Friday 

evening through Saturday evening. 

WHEREFORE, Lead Plaintiffs and Defendants respectfully request that the Court modify 

its Mediation Order to permit mediation participants from appearing telephonically and/or via 

videoconference to facilitate mediation with Mr. Meyer on December 4th. 

CERTIFICATION OF GOOD FAITH CONFERRAL 

Pursuant to Local Rule 7.1(a)(3), counsel for Lead Plaintiffs and Defendants certify that 

they have conferred with one another and jointly agree to the relief sought in this motion. 

[Signature blocks on following page] 

Case 9:20-cv-81063-RS Document 83 Entered on FLSD Docket 11/04/2022 Page 3 of 4
Dated: November 4, 2022 Respectfully submitted, 

FREEDMAN NORMAND FRIEDLAND LLP 

1 SE 3rd Avenue, Suite 1240 

Miami, FL 33131 

Tel: (305) 851-5997 

By: /s/ Velvel (Devin) Freedman

Velvel (Devin) Freedman (FL# 99762) 

vel@fnf.law

Constantine P. Economides (FL# 118177) 

ceconomides@fnf.law

Ivy T. Ngo (pro hac vice) 

ingo@fnf.law

LEVI & KORSINSKY, LLP 

Nicholas I. Porritt 

Adam M. Apton 

1101 30th Street NW, Suite 115 

Washington, DC 20007 

Tel: (202) 524-4290 

Fax: (202) 333-2121 

nporritt@zlk.com

aapton@zlk.com

Co-Lead Counsel for the Class 

CULLIN O’BRIEN LAW, P.A. 

Cullin O’Brien (FL# 0597341) 

6541 NE 21st Way 

Fort Lauderdale, Florida 33308 

Tel: (561) 676-6370 

Fax: (561) 320-0285 

cullin@cullinobrienlaw.com

Additional Counsel for Lead Plaintiff 

James Michael DeLoach 

THE SCHALL LAW FIRM 

Brian Schall (pro hac vice forthcoming) 

1880 Century Park East, Suite 404 

Los Angeles, CA 90067 

Tel: (424) 303-1964 

brian@schallfirm.com

Additional Counsel for Lead Plaintiff Edward 

Oketola

KING & SPALDING LLP 

Southeast Financial Center 

200 S. Biscayne Blvd., Suite 4700 

Miami, FL 33131 

Tel: (305) 462-6000 

Fax: (305) 462-6100 

By: /s/ Brian P. Miller 

Brian P. Miller, Esq. 

Florida Bar No. 0980633 

bmiller@kslaw.com

Samantha J. Kavanaugh, Esq. 

Florida Bar No. 0194662 

skavanaugh@kslaw.com

Ross Linzer, Esq. 

Florida Bar No. 0073094 

rlinzer@kslaw.com

Counsel for Defendant The GEO Group, Inc. 

GUNSTER, YOAKLEY & STEWART, P. A. 

600 Brickell Avenue, 35th Floor 

Miami, FL 33131 

Tel: (305) 376-6000 

By: /s/ William K. Hill 

William K. Hill, Esq. 

Florida Bar Number: 747180 

whill@gunster.com

George S. LeMieux, Esq. 

Florida Bar Number: 16403 

glemieux@gunster.com

Ernest “EJ” A. Cox IV, Esq. 

Florida Bar Number: 124652 

ecox@gunster.com 

Counsel for Defendant George C. Zoley 

Case 9:20-cv-81063-RS Document 83 Entered on FLSD Docket 11/04/2022 Page 4 of 4