UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

CASE NO. 20-23230-CIV-CANNON/Otazo-Reyes

ANGELA MILNER, et al.,

Plaintiffs,

v.

TERI GALARDI,

Defendant.

/

ORDER GRANTING IN PART DEFENDANTS’ SECOND MOTION FOR SANCTIONS 

AND DISMISSING CERTAIN PLAINTIFFS

THIS MATTER comes before the Court following the Hearing held on September 8, 2021 

[ECF No. 111], and the Second Motion for Sanctions filed by Defendant on September 2, 2021

[ECF No. 106]. For the reasons discussed in open court and set forth below, the Second Motion 

for Sanctions [ECF No. 106] is hereby GRANTED IN PART AND DENIED IN PART.

The Court entered its initial Order Scheduling Mediation in this matter on October 8, 2020, 

and scheduled mediation for May 3, 2021 [ECF No. 22]. On May 6, 2021, Plaintiffs filed a Notice 

Resetting Court Ordered Mediation Date on the ground that Counsel for Plaintiffs experienced the 

death of an immediate family member less than a week before the Court ordered mediation was 

scheduled to take place on May 3, 2021 [ECF No. 51]. In light of the extraordinary circumstances 

presented in Plaintiffs’ Notice, the Court entered an Order Rescheduling Mediation from May 3, 

2021, to May 20, 2021 [ECF No. 54]. On May 21, 2021, Neil Flaxman filed his Mediator’s Report, 

in which he reported that the mediation hearing was adjourned because Plaintiffs failed to make 

an appearance at the mediation hearing [ECF No. 56]. The Court thereafter entered an Order to 

Show Cause [ECF No. 59], which directed Plaintiffs to show written cause for their failure to make 

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an appearance at a Court scheduled mediation. Plaintiffs then filed a Response to the Order to 

Show Cause explaining that certain Plaintiffs were unable to connect to the zoom mediation due 

to “reasons not known” [ECF No. 64]. The Court scheduled a status conference hearing to discuss 

Plaintiffs’ failure to appear at the May 20, 2021 mediation hearing [ECF No. 54]. Following the 

Status Conference Hearing on June 3, 2021, the Court entered its Second Amended Scheduling 

Order [ECF No. 72], which provided the parties until June 9, 2021, to file a fully compliant 

proposed mediation order with the Court.1

On June 8, 2021, Plaintiffs filed a motion requesting that the Court appoint a mediator on 

because the parties reached an impasse during their selection of a mediator [ECF No. 73]. The 

Court granted Plaintiffs’ request—providing the parties with an additional ten days following the 

Clerk’s appointment of a mediator to select a mediator [ECF No. 76]. Despite these repeated 

enlargements, Plaintiffs again sought an enlargement of the deadline to file a notice of mediator 

selection [ECF No. 83]. The Court again granted Plaintiffs’ request, resetting the deadline for the 

filing of a mediation order to June 24, 2021 [ECF No. 84]. In yet another violation of a Court 

Order, on June 24, 2021, Plaintiffs filed an improper unilateral notice of mediator selection 

[ECF No. 88], after which the Court had to direct the parties to file another notice by June 25, 2021

[ECF No. 89]. Finally, on June 25, 2021, the parties filed a proper notice of mediator selection 

[ECF No. 90], after which the Court entered an Order Scheduling Mediation for August 19, 2021 

[ECF No. 91]. 

Notwithstanding the above history of noncompliance and repeated extensions related to 

mediation, on August 19, 2021, Mediator Bruce Blitman filed a Report in which he indicated that 

1 Separately, on May 6, 2021, Defendant filed a motion for sanctions due to Plaintiffs’ failure to 

comply with a Court discovery Order [ECF No. 52]. Magistrate Judge Otazo-Reyes granted the 

motion in part and awarded attorneys’ fees to Defendant [ECF Nos. 48, 63].

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the following three plaintiffs did not make an appearance at the mediation: Shakir Williams, 

Jocelyn Johnson, and Jammie Parker [ECF No. 101]. The Court then scheduled a hearing for 

September 8, 2021, advising Plaintiffs to be prepared to explain why dismissal of certain Plaintiffs 

was not warranted in light of those Plaintiffs’ failure to appear at the August 19, 2021 mediation 

[ECF No. 102]. Defendant then moved for sanctions, this time seeking dismissal of Plaintiffs 

Shakir Williams, Jocelyn Johnson, and Jammie Parker on the basis of their failure to appear at the 

mediation hearing, and also seeking dismissal of Plaintiffs Angela Milner and Tiffany Thompson 

for failing to appear at scheduled depositions [ECF No. 106]. 

On September 8, 2021, the Court held a hearing to discuss the foregoing. Counsel for 

Plaintiffs explained that Plaintiffs Shakir Williams, Jocelyn Johnson, and Jammie Parker each had 

separate medical and personal reasons for failing to appear, including oversleeping due to 

prescription medication and pregnancy. Plaintiffs’ counsel acknowledged that Plaintiffs at no 

point advised the Court of any reason to reschedule the already rescheduled mediation—a 

mediation that originally was scheduled for May 3, 2021 and finally got rescheduled more than 

three months later after a pattern of noncompliance by Plaintiffs and various extensions and 

allowances granted by the Court. 

Based on the foregoing, and for the additional reasons discussed in court on September 8, 

2021, it is hereby ORDERED AND ADJUDGED as follows:

1. Defendant’s Second Motion for Sanctions [ECF No. 106] is GRANTED IN PART 

AND DENIED IN PART.

2. The Clerk is directed to DISMISS Plaintiffs Shakir Williams, Jocelyn Johnson, and 

Jammie Parker from this action. 

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3. Defendant’s Second Motion for Sanctions is DENIED to the extent it seeks an 

Order dismissing Plaintiffs Tiffany Thompson and Angela Milner from this action.

4. With respect to Plaintiff Tiffany Thompson’s deposition, Plaintiff will have until 

September 13, 2021, to file a motion to appear remotely at her deposition, but any 

such motion will be considered only if it explains in detail, and with supporting 

documentation, why Ms. Thompson cannot travel due to her probationary status 

and/or whether she has sought permission to so travel. 

5. On or before September 15, 2021, Defendant shall file a Statement of Reasonable 

Costs and Fees in Support of its Second Motion for Sanctions [ECF No. 106]. 

Defendant’s Statement of Reasonable Costs and Fees must be limited to the content 

in its Second Motion for Sanctions and otherwise conform to the scope of the 

Court’s ruling in this Order [ECF No. 106].

DONE AND ORDERED in Fort Pierce, Florida this 8th day of September 2021.

 _________________________________

 AILEEN M. CANNON

 UNITED STATES DISTRICT JUDGE

cc: counsel of record

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