UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

LAVAROS DAVIS, 

 Plaintiff, 

v. 

SGT. DANIELS, et al., 

Defendants. 

Case No. 3:20-cv-5935-HTC-

[CONSENT]

PLAINTIFF’S MOTION FOR AN ORDER TO SHOW CAUSE 

Plaintiff Lavaros Davis, through his counsel, respectfully requests that 

the Court issue an order to show cause why three Florida Department of 

Corrections transportation officers who attended the confidential settlement 

conference before Magistrate Judge Charles J. Kahn on May 23, 2023 

(Docs. 142, 144), should not be held in contempt for violating their 

confidentiality obligations. 

As set forth in the attached declaration of James Cook, Plaintiff has 

asserted that when he returned from the courthouse on May 23, 2023 to 

Florida State Prison, Sergeant Gaskin asked the transportation officers 

what transpired during the settlement conference, prompting them to 

disclose the details of the conference and communications therein. As 

Case 3:20-cv-05935-HTC Document 147 Filed 05/31/23 Page 1 of 4
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further set forth in the declaration, Plaintiff alleges that he was then verbally 

threatened and physically attacked while an officer taunted him that he was 

“not gone get much anyways” from the lawsuit, after learning of the 

confidential offers made during the settlement conference. 

Pursuant to Local Rule 16.3, “[e]verything said during a mediation or 

settlement conference—other than the terms of any settlement agreement 

itself—is confidential and inadmissible as a settlement negotiation.” N.D. 

Fla. L. R. 16.3 (emphasis supplied). At the beginning of the settlement 

conference, Magistrate Judge Kahn warned the three FDC transportation 

officers of their obligation to hold everything said during the settlement 

conference in confidence. Despite such admonishment, according to 

Plaintiff these three officers have brazenly ignored the Court’s warnings 

and have violated the Local Rules. 

WHEREFORE, Plaintiff respectfully requests that the Court issue an 

Order for those officers to show cause why they should not be held in 

contempt for violating the settlement conference confidentiality rules. The 

names of the officers are not presently known to Plaintiff, but their identities 

will be known by the Florida Department of Corrections, which can provide 

them to the Court. 

Dated: May 31, 2023. 

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Respectfully submitted,

 /s/ James V. Cook 

James V. Cook (FBN 0966843)

 LAW OFFICE OF JAMES COOK

314 W. Jefferson Street

 Tallahassee, FL 32301

 cookjv@gmail.com

 Tel.: (850) 222-8080

 

 -and- 

 James M. Slater (FBN 111779)

 SLATER LEGAL PLLC

 113 S. Monroe Street

Tallahassee, Florida 32301 

 james@slater.legal

Tel.: (305) 523-9023

 

Counsel for Plaintiff

Certificate of Service

I hereby certify that on May 31, 2023, I electronically filed the 

foregoing document with the Clerk by using the CM/ECF system, which will 

serve a copy on all counsel of record.

 By: /s/ James V. Cook 

 James V. Cook

Case 3:20-cv-05935-HTC Document 147 Filed 05/31/23 Page 3 of 4
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Certificate of Good Faith Conference

I hereby certify pursuant to Local Rule 7.1(B) that I have conferred in 

good faith with opposing counsel, who objects to the Motion.

 By: /s/ James V. Cook 

 James V. Cook

Certificate of Compliance

Pursuant to Local Rule 7.1(F), I hereby certify that the foregoing 

document contains fewer than 500 words, inclusive of headings, footnotes, 

and quotations, but exclusive of the case style, signature block and 

certificates.

By: /s/ James V. Cook 

 James V. Cook

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