UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No. 1:22-cv-23695-BB

PELAYO DURAN,

Plaintiff,

v.

EXPERIAN INFORMATION SOLUTIONS INC, 

EQUIFAX INFORMATION SERVICES LLC, 

TRANS UNION LLC, and

NAVIENT SOLUTIONS LLC,

Defendants.

_______________________________________/

JOINT MOTION FOR LEAVE TO APPEAR 

VIA VIDEO-CONFERENCE AT MEDIATION

Plaintiff Pelayo Duran and Defendants Experian Information Solutions Inc. (“Experian”), 

Equifax Information Services LLC (“Equifax”), Trans Union LLC (“Trans Union”), and Navient 

Solutions LLC (“Navient”), respectfully move for leave to appear via video-conference at the 

mediation scheduled for September 28, 2023 before David H. Lichter, Esq. 

Defendants’ client representatives are located outside of Florida: Experian’s representative 

is located in Costa Mesa, California; Equifax’s representative is located in Atlanta, Georgia; Trans 

Union’s representative is located in Philadelphia, Pennsylvania; and Navient’s representative is 

located in Herndon, Virginia. Plaintiff’s and Defendants’ attorneys are similarly situated in 

different locations: Plaintiff’s counsel is located in Ft. Lauderdale, Florida; Experian and Equifax’s 

counsel are located in Miami, Florida; Trans Union’s counsel is located in Plano, Texas; and 

Navient’s counsel is located in Tampa, Florida. Defendants will incur significant travel expenses 

if its client representatives and some counsel must travel to the Southern District of Florida to 

participate in the mediation in person. The parties’ goal of conserving costs and expenses 

associated with this litigation would be furthered by allowing all participants to attend the 

mediation via video-conference. The parties assure the Court that the parties can and will 

meaningfully participate by remote means. This appearance will not prejudice any party, nor will 

it hamper the efficient running of the mediation. The parties have access to technology to 

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participate remotely and have confirmed that the mediator’s office is capable of (and agreeable to) 

conducting the mediation via videoconference. 

MEMORANDUM OF LAW

This Court’s Order Scheduling Mediation (ECF NO. 23) provides that the “mediation shall 

be held” at the mediator’s office in Aventura, Florida. While S.D. Fla. L.R. 16.2(e)(i) contemplates 

participation in mediation via video-conference, in an abundance of caution because of the 

language in the Court’s Order Scheduling Mediation, the parties respectfully request specific leave 

to participate in the mediation via video conference. District courts have authority to manage their 

cases in an effort to conduct litigation efficiently. See, e.g., Bethel v. Baldwin County Bd. of 

Education, 371 Fed. Appx. 57, 62 (11th Cir. 2010) (finding district courts have inherent authority 

to provide for “the efficient disposition of litigation”); see also Carson v. Polley, 689 F.2d 562, 

585 (5th Cir. 1982). The Parties and the Court-appointed mediator, David H. Lichter, Esq., 

conferred and agree that the mediation can be effectively conducted by video-conference. 

Therefore, the Parties respectfully request leave to conduct the mediation via video-conference. 

CERTIFICATE OF GOOD FAITH CONFERENCE

Pursuant to Local Rule 7.1(a)(3)(B), undersigned counsel certify all parties agree to the 

relief sought in this Joint Motion.

WHEREFORE, the Parties respectfully request this Court to enter an order granting leave 

to conduct the mediation in this action remotely via video technology.

Respectfully submitted this 13th day of January 2023.

[signatures on following page]

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/s/ Thomas J. Patti

THOMAS PATTI

Florida Bar No. 118377

E-mail: tom@pzlg.legal

VICTOR ZABALETA

Florida Bar No. 118517

E-mail: victor@pzlg.legal

PATTI ZABALETA LAW GROUP

3325 Northwest 55th Street

Fort Lauderdale, Florida 33309

Phone: 561-542-8550

COUNSEL FOR PLAINTIFF

/s/_Maria H. Ruiz________ ____

MARIA H. RUIZ

Florida Bar No. 182923

KASOWITZ BENSON TORRES LLP

1441 Brickell Avenue, Suite 1420

Miami, FL 33131

Telephone: (786) 587-1044

Facsimile: (305) 675-2601

Mruiz@Kasowitz.com

COUNSEL FOR EXPERIAN

/s/ Alexandria Epps_____________

ALEXANDRIA EPPS

Florida Bar No. 1002739

Quilling, Selander, Lownds, Winslett & 

Moser, P.C.

6900 N. Dallas Parkway, Ste 800

Plano, TX 75024

Telephone: 214-560-5463

Fax: 214-871-2111

aepps@qslwm.com

COUNSEL FOR TRANS UNION

/s/_Jason D. Joffe_________________

JASON DANIEL JOFFE

Fla. Bar No. 13564

Squire Sanders & Dempsey LLP

Wachovia Financial Center

200 S Biscayne Boulevard

40th Floor

Miami, FL 33131-2398

(305) 577-7000

Fax: (305) 577-7001

Email: jason.joffe@squirepb.com

COUNSEL FOR EQUIFAX

/s/_Drew P. O’Malley__ _____

DREW PATRICK O'MALLEY

Fla. Bar No. 106551

Spencer Fane LLP

201 E. Franklin Street

Suite 2150

Tampa, FL 33602

813-424-3509

Email: domalley@spencerfane.com

COUNSEL FOR NAVIENT

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