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IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

BOBBI BOLTON,

Plaintiff,

v. CASE NO. 4:03cv307-RH

UNITED STATES OF AMERICA,

et al.,

Defendants.

__________________________________/

SCHEDULING AND MEDIATION ORDER

The parties have submitted their joint scheduling report. Upon

consideration,

IT IS ORDERED:

1. Trial is hereby set for the two-week trial period commencing on Tuesday,

September 7, 2004. Any party with a conflict during that trial period may file a

notice to that effect within 14 days of the date of this order, and such notice will be

given such consideration as may be appropriate.

2. The joint scheduling report (document 5) will control the matters set forth

therein, except as otherwise provided in this order. As requested, the discovery
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deadline is extended to July 1, 2004. With respect to matters not addressed in the

parties’ joint report, the Initial Scheduling Order (document 4), the Local Rules,

and applicable deadlines established by the Federal Rules of Civil Procedure,

including Rule 26, remain in effect.

3. The deadline for filing potentially dispositive motions is 20 days after the

discovery deadline. The filing of potentially dispositive motions need not,

however, await the deadline for such motions. Potentially dispositive motions

should be filed at the earliest appropriate time. It is rarely necessary that such

motions await the completion of all discovery. 

4. In circumstances when the Federal Rules of Civil Procedure would

require leave of court for adding parties or amending pleadings, parties may be

added or pleadings amended only with leave of court, even if leave is sought prior

to the deadline established by the joint scheduling report.

5. Disclosures under Federal Rule of Civil Procedure 26 shall be

supplemented within a reasonable time after learning information calling for

supplementation and in time to ensure the opposing party is not prejudiced by any

failure to supplement immediately after the information was or with diligence

should have been discovered.

6. By separate Order for Pretrial Conference to be issued later, a deadline

will be set for an attorney conference leading to the filing of a pretrial stipulation
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and related papers. The deadline for the attorney conference (as established by the

Order for Pretrial Conference) also will be the deadline for disclosures under

Federal Rule of Civil Procedure 26(a)(3). The deadline for objections under

Federal Rule of Civil Procedure 26(a)(3) is five days thereafter. 

7. Any motion in limine or other pretrial motion shall be served sufficiently

in advance of the pretrial conference to allow consideration of the motion at or

prior to the pretrial conference.

8. The parties shall mediate this case in accordance with the following

procedures:

(a) The parties are directed to select a mediator certified by the Supreme

Court of Florida as a Circuit Court Mediator or a person otherwise mutually

agreeable to the parties. If the parties are unable to agree upon a mediator by a

date three weeks prior to the discovery deadline, the plaintiff shall immediately file

a notice so indicating, and I will appoint a mediator.

(b) Unless otherwise agreed, the fee of the mediator shall be paid equally by

the parties. The fee shall be paid in the manner required by the mediator.

(c) The first mediation conference shall commence by not later than 14 days

after the discovery deadline (but may commence at any earlier time). The mediator

shall set the initial mediation conference with due regard to schedules and other

commitments of the parties and counsel and may continue or adjourn the mediation
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conferences in his or her discretion within the time constraints set out in this order.

(d) The following persons MUST attend the mediation conference:

(1) Counsel of record primarily responsible for the conduct of this

matter on behalf of each party.

(2) All parties. In the case of a corporation, governmental entity, or

other organization, or officer in his or her official capacity, the party must attend

through a representative having full authority to settle the entire case for the party

without further consultation. In his or her discretion, however, the mediator may

waive the requirement that the attending representative’s full authority to settle be

“without further consultation.” Unless the mediator directs otherwise, the parties

by agreement also may waive the requirement that the attending representative’s

full authority to settle be “without further consultation.” 

(3) If a party is insured, a representative of the insurer having full

authority to settle without further consultation. In his or her discretion, however,

the mediator may waive the requirement that the insurer’s representative’s full

authority to settle be “without further consultation.” Unless the mediator directs

otherwise, the parties by agreement also may waive the requirement that the

attending insurer’s representative’s full authority to settle be “without further

consultation.” 

(e) Failure of any person to attend the mediation conference as required
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shall result in the imposition of sanctions.

(f) The parties shall confer in advance on the submission of written

materials to the mediator and shall proceed in accordance with any agreement they

reach or the instructions of the mediator. In the absence of agreement of the parties

or instructions from the mediator, no written submissions to the mediator are

required, but either party may submit materials as it deems appropriate, which the

mediator may consider as he or she deems appropriate.

(g) The mediator shall have authority to control the procedures to be

followed in mediation, may adjourn the mediation conference and set times for

reconvening, and may suspend or terminate mediation whenever, in the opinion of

the mediator, the matter is not appropriate for further mediation. 

(h) All discussions, representations, and statements made at the mediation

conference shall be off the record and privileged as settlement negotiations. 

Mediation proceedings shall not be recorded by a court reporter or by an electronic

recording device, except as necessary to memorialize any settlement that may be

reached.

(i) This referral to mediation does not automatically toll the time for

completion of any other matter in this case.

(j) The parties are encouraged to settle as many issues during mediation as

possible. Partial or complete settlements shall immediately be reduced to writing
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in the presence of the mediator and shall be signed by all parties and their counsel. 

(k) Mediation in this case must be completed on or before a date 28 days

after the discovery deadline. The mediator or parties shall file a report within 14

days thereafter indicating when mediation was conducted and the outcome of the

mediation (that is, whether the matter was settled or impasse was declared). If the

matter is settled in full, notice to the court shall be immediate. 

(l) Counsel for each party shall, within 10 days of the date of this order,

consult with his or her client about the advantages (including savings of costs and

attorney’s fees) and disadvantages of proceeding with mediation immediately

rather than awaiting the deadlines set in this order. On motion of any party, the

court will consider ordering that mediation commence immediately or at a time

earlier than otherwise required by this order. With or without such an order, the

parties by agreement may commence mediation at any time before the deadlines set

in this order. 

SO ORDERED this 18th day of February, 2004.

s/Robert L. Hinkle 

United States District Judge