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Case No. 4:10cv474-RH/GRJ

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

HARRY MICHAEL WRIGHT,

Plaintiff,

v. CASE NO. 4:10cv474-RH/GRJ

MORRIS YOUNG et al.,

Defendants.

________________________________/

FIRST PRETRIAL ORDER

As set out on the record of the hearing on November 15, 2013, 

IT IS ORDERED: 

1. The trial is rescheduled for the two-week trial period that begins on 

Monday, March 3, 2014. The clerk must issue a notice.

2. The plaintiff’s motion to appoint an attorney, ECF No. 111, is 

DENIED. But by a separate notice, volunteers will be solicited to represent the 

plaintiff.
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Case No. 4:10cv474-RH/GRJ

3. The plaintiff’s motion, ECF No. 109, for leave to file the second 

amended complaint is GRANTED. The second amended complaint, ECF No. 110, 

is deemed filed as of November 15, 2013. 

4. The claims will go forward against the defendant Sheriff Morris 

Young in his official and individual capacities. The claims will go forward against 

the defendant Dr. Carol Annette Sutton only in her individual capacity, not in her 

official capacity. The official-capacity claims against Dr. Sutton are dismissed as 

redundant. See Busby v. City of Orlando, 931 F.2d 764, 776 (11th Cir. 1991) 

(approving the dismissal of official-capacity defendants whose presence was

merely redundant to the naming of an institutional defendant).

5. The parties are granted leave to depose Sheriff Young, Dr. Kenneth 

Rappaport, Bobby Ellison, and Wayne Usea (whose name may not be accurately 

set out here). The deadline for taking a deposition is January 31, 2014. 

6. The plaintiff (or his attorney, if by then the plaintiff is represented by 

an attorney) and the defendants’ attorney must confer in person by January 17, 

2014, to address scheduling issues and exchange exhibits. Each party must make 

available to the other side at that time an exact copy of each exhibit the party 

intends to offer in evidence. 

7. The plaintiff’s motion for alternative dispute resolution, ECF No. 112, 

is GRANTED. Unless the requirement for mediation is abrogated based on a 
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Case No. 4:10cv474-RH/GRJ

motion showing good cause, the parties must mediate this case in accordance with 

the Rules for Certified and Court-Appointed Mediators adopted by the Florida 

Supreme Court and the following additional procedures:

(a) The parties may select a mediator by agreement. If the parties have not 

agreed by January 17, 2014, the defendants must immediately file a notice so 

indicating, and I will appoint a mediator.

(b) Unless otherwise agreed, the fee of the mediator must be paid equally by 

the parties. The fee must be paid in the manner determined by the mediator.

(c) The deadline to begin mediation is February 14, 2014. The deadline to 

finish mediation is also February 14, 2014, but mediation may continue after that 

date if the mediator determines, after substantial mediation proceedings, that 

further mediation is warranted. 

(d) Each party and an attorney for each represented party must attend the 

mediation. 

(e) Everything said during mediation—other than the terms of any 

settlement agreement itself—is off the record and inadmissible as a settlement 

negotiation. 

SO ORDERED on November 15, 2013.

s/Robert L. Hinkle

United States District Judge