UN ITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO.20-21274-CIV-UN GARO

BRITN N EY BA RN ETT

Plaintiffts),

ROLLm G LOUD FEST, LLC.,

Defendantts).

ORDER OF REFERIU L TO M EDIATION

Pretrial Conference having been set in this matter for 10:30 A.M . on FEBRUARY 26,

2021, pursuant to Rule 16 of the Federal Rules of Civil Procedure and Local Rule 16.2 of the

Local Rules of the United States District Court for the Southern District of Florida, it is hereby

O RD ER ED AN D AD JUD G ED as follow s:

1 . A1l parties are required to participate in mediation.

2. Plaintiff s counsel, or another attorney agreed upon by all counsel of record and any

unrepresented parties, shall be responsible for scheduling the mediation conference. The parties are

encouraged to avail them selves of the services of any mediator on the List of Certified M ediators,

m aintained in the office of the Clerk of the Court, but may select any other mediator. The parties

shall agree upon a mediator within fifteen (15) days from the date hereof, and shall advise the Court

as to such choice within that period of tim e. lf there is no agreem ent, lead counsel shall notify the

Clerk in writing within fifteen (15) days, and the Clerk shall designate a mediator from the List of

Certified M ediators, which designation shall be made on a blind rotation basis. The parties shall

complete the mediation within fifteen (15) days after the discovery cutoff date set forth in the

Scheduling Order for Pretrial Conference and Trial.

3. A place, date and tim e for mediation convenient to the m ediator, counsel of record, and

unrepresented parties shall be established. The lead attorney shall com plete the form order attached

and submit it to the Court.

4. The appearance of counsel and each party is m andatory. If aparty is a legal business entity

(i.e. a coporation or partnership), a representative or representatives of such entity with full

settlement authority must attend. If insurance is involved, an adjuster with authority up to the policy

lim its or the m ost recent dem and, whichever is lower, shall attend.

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5. A11 discussions, representations and statements m ade at the m ediation conference shall

be confidential and privileged.

6. At least ten (10) days prior to the mediation date, a1l parties shall present to the mediator

a brief written summ ary of the case identifying issues to be resolved. Copies of these summ aries

shall be served on a11 other parties.

7. The Court m ay impose sanctions against parties and/or counsel who do not comply with

the attendance or settlement authority requirem ents herein or who otherwise violate the term s of the

Order. The m ediator shall report non-attendance and may recomm end im position of sanctions by

the Court for non-attendance.

8. The mediator shall be compensated in accordance with the standing order of the Court

entered pursuant to Local Rule 16.2(B)(7), or on such basis as may be agreed to in writing by the

parties and the m ediator selected by the parties. The cost of mediation shall be shared equally by the

parties unless otherwise ordered by the Court. A11 paym ents shall be rem itted to the m ediator within

thirty (30) days of the date of the bill. Notice to the mediator of cancellation of settlement prior to

the scheduled mediation conference must be given at least two (2) full business days in advance.

Failure to do so will result in im position of a fee for one hour.

9. lf a full or partial settlement is reached in the case, counsel shall prom ptly notify the Court

of the settlement in accordance with Local Rule 16.2(F), by the filing of a notice of settlement signed

by counsel of record within ten (10) days of the mediation conference. Thereafter the parties shall

forthwith subm it an appropriate pleading concluding the case.

10. W ithin seven (7) days following the mediation conference, the mediator shall file a

M ediation Report indicating whether al1 required parties were present. The report shall also indicate

whether the case settled (in full or in part), was continued with the consent of the parties, or whether

the mediator declared an impasse.

1 1. If m ediation is not conducted, the case m ay be stricken from the trial calendar, and other

sanctions may be im posed.

DONE AND ORDERED at M iam i, Florida this S day of May, 2020.

URSULA UNGARO

UNITED STATES DISTRICT JUDGE

cc: A11 Counsel of Record

Case 1:20-cv-21274-UU Document 15 Entered on FLSD Docket 05/05/2020 Page 2 of 4
UN ITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CA SE N O . 20-21274-C lV -UN G AR O

BRITNN EY BA RN ETT

Plaintiffts),

ROLLING LOUD FEST, LLC.,

Defendant.

/

OO ER SCHEDULING M EDIATION

The mediation conference in this m atler shall be held with

Florida.

ENTERED this day of 2020.

URSULA UNGARO

UNITED STATES DISTRICT JUDGE

C C *. A1l counsel of record

Case 1:20-cv-21274-UU Document 15 Entered on FLSD Docket 05/05/2020 Page 3 of 4
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No.

Exhibit '$A''

Plaintiff,

EXHIBIT AND W ITNESS LIST

Defendant.

/

Plf No. ef No. Date Offered Objections Marked Admltted D i tjon of Exhibits and W itnesses CSCF #

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