IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

M.D. LISA BROWN,

 Plaintiff,

v.

HAMOT MEDICAL CENTER, et al,

 Defendant.

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 Civil Action No. 05 - 32E

AMENDED ORDER FOR MEDIATION

A mediation in the above captioned case is scheduled before Magistrate Judge Lisa Pupo

Lenihan on June 14, 2006, at 9:30 PM, in Room 301 of the U.S. Post Office and Courthouse, 7th

and Grant Streets, Pittsburgh Pennsylvania.

The conference shall be attended by an authorized representative of each party, together

with trial counsel for each party. An insured party need not attend unless the settlement decision

will be made in part by the insured. When the settlement decision will be made in whole or part

by an insurer, the insurer shall send a representative in person with full and complete authority to

make settlement decisions. A corporate party shall send a representative with full and complete

authority to bind the company. A governmental entity shall send a representative authorized to

act on its behalf. Failure to produce the appropriate persons at the conference may result in an

award of costs and attorney fees incurred by the other parties in connection with the conference

and/or other sanctions against the noncomplying party and/or counsel.

No later than June 12, 2006, each party shall submit a confidential mediation statement

to the magistrate judge. The mediation statement shall not become part of the file of the case, but

Case 1:05-cv-00032-MBC Document 44 Filed 05/11/06 Page 1 of 3
shall be for the exclusive use of the magistrate judge in preparing for and conducting the

mediation. 

The mediation statement shall contain a specific recitation of the facts, a discussion of the

strengths and weaknesses of the case, the parties’ position on settlement, including a present

settlement proposal, and a report on settlement efforts to date. Copies of any critical agreements,

business records, photographs or other documents or exhibits shall be attached to the mediation

statement. The mediation statement should not be lengthy, but should contain enough

information to be useful to the magistrate judge in analyzing the factual and legal issues in the

case. The parties are directed to be candid in their statements, but are not required to disclose

their final settlement authority. 

The statements should not be filed with the clerk of courts, but should be mailed or faxed

to the magistrate judge. Copies of the mediation statement shall not be provided to the other

parties in the case and will not become part of the case docket. 

Counsel are directed to confer with their clients in advance of the conference to explore

the party’s settlement position, and the parties are encouraged to exchange settlement proposals

prior to the conference. These steps will enable the conference to progress more expeditiously.

Dated: May 11, 2006 s/Lisa Pupo Lenihan 

Lisa Pupo Lenihan

United States Magistrate Judge

Case 1:05-cv-00032-MBC Document 44 Filed 05/11/06 Page 2 of 3
cc: Judge Maurice Cohill

Patrick Sorek 

Leech, Tishman, Fuscaldo & Lampl 

Citizens Bank Building 

525 William Penn Place 

30th Floor 

Pittsburgh, PA 15219 

Forrest G. Read, IV 

Tobin O'Connor Ewing & Richard 

5335 Wisconsin Avenue, NW 

Suite 700 

Washington, DC 20015 

Kerry M. Richard 

Tobin O'Connor Ewing & Richard 

5335 Wisconsin Avenue, NW 

Suite 700 

Washington, DC 20015 

Ziad Haddad 

Tobin O'Connor Ewing & Richard 

5335 Wisconsin Avenue, NW 

Suite 700 

Washington, DC 20015 

Mark J. Kuhar 

Knox, McLaughlin, Gornall & Sennett 

120 West Tenth Street 

Erie, PA 16501 

Case 1:05-cv-00032-MBC Document 44 Filed 05/11/06 Page 3 of 3