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 THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

GAINESVILLE DIVISION

LINDA E. WINN,

Plaintiff,

v. CASE NO. 1:10-cv-00168-SPM-GRJ

UNUM GROUP CORPORATION,

Defendant.

_____________________________/

O R D E R

The matter is before the Court on the Stipulated Motion To Stay Discovery

Pending Mediation, And To Appoint Mediator. (Doc. 22.) This case involves a claim

under ERISA for disability benefits. The parties request the Court to stay their case

management, planning and discovery obligations for a period of up to ninety (90) days

in order to allow the parties to conduct mediation in this case. The parties have

obtained dates of availability from the mediator, Charles Carter, and are in the process

of scheduling a mediation conference with Mr. Carter for a date as soon as possible in

2011. Pursuant to the Initial Scheduling Order entered on November 15, 2010 (Doc.

15) the parties currently are required to conduct the Rule 26(f) meeting no later than

December 15, 2010 and to file the joint report of their Rule 26(f) meeting no later than

December 29, 2010. (Doc. 15.)

Accordingly, it is ORDERED:

(1) The Stipulated Motion To Stay Discovery Pending Mediation, And To

Appoint Mediator (Doc. 22) is GRANTED.

(2) Pursuant to Rule 16.3(I), N.D. Fla. Loc. R. this case is referred to
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mediation before Charles Carter. The parties shall mediate the case in

accordance with the following procedures:

(a) 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.

(b) The mediation conference shall be scheduled as soon as

possible with due regard to the schedules and other

commitments of the parties and counsel. 

(c) The following persons must attend the mediation

conference:

(i) Counsel of record primarily responsible for the

conduct of this matter on behalf of each party.

(ii) 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 authority, 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

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“without further consultation.” 

(iii) A representative of the insurer, if a party is insured,

having full authority to settle without further

consultation. In his or her discretion, however, the

mediator may waive the requirement that the

representative for the insurer have full authority to

settle “without further consultation.” Unless the

mediator directs otherwise, the parties by agreement

also may waive the requirement that the

representative for the insurer have full authority to

settle “without further consultation.” 

(d) Failure of any person to attend the mediation conference as

required shall result in the imposition of sanctions.

(e) 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.

(f) The mediator shall have authority to control the procedures

to be followed in mediation, may adjourn the mediation

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conference and set times for reconvening, and may suspend

or terminate the mediation whenever, in the opinion of the

mediator, the matter is not appropriate for further mediation.

(g) 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 electronic

recording device, except as necessary to memorialize any

settlement that may be reached.

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

mediation as possible. Partial or complete settlements shall

immediately be reduced to writing in the presence of the

mediator and shall be signed by all parties and their counsel.

(i) Mediation in this case must be completed by February 18,

2011. The mediator or the parties shall file a report within

ten (10) days after the completion of mediation indicating

when mediation was conducted and whether the matter was

settled or impasse was declared. If the matter was settled in

full, notice to the court shall be immediate and the parties

shall file a stipulation for dismissal and provide a proposed

order of dismissal to the Court within 5 working days.

(3) The obligation to conduct a Rule 26(f) conference and submit a joint

report of the scheduling meeting is STAYED until the parties have

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completed mediation. In the event this case is not resolved at mediation,

the parties shall conduct a Rule 26(f) scheduling conference within

fourteen (14) days after an impasse is reached at mediation. The parties

shall file the joint report of their scheduling conference no later than

fourteen (14) days after the parties conduct the Rule 26(f) scheduling

conference. 

(4) Discovery in this case is STAYED until the parties have completed

mediation.

DONE AND ORDERED this 22 day of December, 2010. nd

s/Gary R. Jones

GARY R. JONES

United States Magistrate Judge

Case No: 1:10-cv-00168-SPM -GRJ