UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION AT DAYTON

SHELONDA SEALEY,

Plaintiff, Case No. 3:18-cv-222

vs.

LOWE’S HOME CENTERS, LLC., District Judge Thomas M. Rose

Magistrate Judge Michael J. Newman

Defendant.

MEDIATION ORDER

This case is referred to the undersigned for mediation. The undersigned sets this case for mediation 

on May 9, 2019 at 10:00 a.m. at the Federal Building, 200 West Second Street, Room 505, Dayton, 

Ohio, 45402. The mediation is governed by S. D. Ohio Civ. R. 16.3(c).

Agreement to Attend and Participate in Good Faith

Participation in mediation is entirely voluntary. Unless the parties file a notice vacating the 

mediation on or before May 2, 2019, the parties AGREE to be bound as follows:

1. Any party may seek to unilaterally vacate the mediation at any time before it 

commences. In the absence of extraordinary or unforeseen circumstances, a party 

requesting to vacate the mediation after May 2, 2019 agrees to pay the reasonable costs 

and fees incurred by all other parties that relate to the mediation (such as preparation 

time and travel).

2. Each party is REQUIRED to attend the mediation in person with trial counsel. If the 

party is a business or governmental entity, such party shall have a representative attend 

the mediation session in person along with trial counsel. 

3. If a party has insurance and involvement of the insurance provider is necessary to settle 

the case, an insurance company representative shall attend the mediation in person 

along with the named party/representative and trial counsel. 

4. Each party shall have individuals with “complete settlement authority” present, in 

person, at the mediation. An individual has “complete settlement authority” if that 

person is fully authorized to approve a settlement and has the power to change the 

party’s settlement posture during the course of the mediation. If the party 

representative has a limit or “cap” on his or her authority which would require 

consultation with others, including superiors at a corporate office, this requirement is 

not satisfied. 
2

5. The Court expects all who participate in the mediation -- including but not limited to 

counsel, the parties, and insurance representatives -- to comply with all of the foregoing 

and to participate in settlement negotiations in good faith. Failure to comply with any 

provision set forth this Order amounts to a refusal to attend and participate in the 

mediation in good faith, and the parties agree and consent that the undersigned may 

sanction any party, attorney, insurance representative, or other mediation attendee 

under Fed. R. Civ. P. 16(f) and S.D. Ohio Civ. R. 16.3 for breaches of this Order. This 

Order constitutes the notice contemplated by S.D. Ohio Civ. R. 16.3. 

6. During the time set for mediation, the Court anticipates that all essential attendees will 

have no significant calendar conflicts -- including flight arrangements -- that will 

require such attendee to leave the mediation prematurely.

Preparation for Mediation

Not later than May 2, 2019, each party is ORDERED to submit a Mediation Statement, not to 

exceed 5 pages, to the undersigned’s Chambers1stating:

(a) The party’s position;

(b) Factual and legal issues, 

(c) Damages;

(d) Settlement negotiation history of the case, including a recitation of any specific 

demands and offers/counter-offers conveyed to date;

(e) A concise statement concerning projected costs and fees for the remaining pretrial 

issues in this case;

(f) Identification of party representative(s) and any other representative(s) who will 

be attending the mediation in person, as required by this Order; and

(g) Other issues the Court should be aware of including, but not limited to, whether 

the physical separation of parties is necessary. 

Within reason, counsel may also email to Chambers important documents that will assist the undersigned. 

The parties may reference certain filings on the Court’s docket (such as motions) in the Mediation Statement 

but SHALL NOT EMAIL, MAIL OR OTHERWISE DELIVER such filings to the undersigned. 

Mediation Statements, and appropriate documents submitted therewith, will not be shared with the other 

 

1 All communications with Chambers as required by this Order shall be submitted to 

newman_chambers@ohsd.uscourts.gov.
3

party and will only be used to assist the mediator in understanding the parties’ respective positions. 

Mediation Statements will be maintained by the Court separate and apart from the case file. 

Accommodations

If any attorney, party, or party representative needs accommodations for the mediation or for the 

pre-mediation status conference, please contact Diane Marcus at (937) 512-1640 or at 

diane_marcus@ohsd.uscourts.gov.

IT IS SO ORDERED.

Date: April 4, 2019 s/ Michael J. Newman

Michael J. Newman

United States Magistrate Judge