DISTRICT COURT OF THE VIRGIN ISLANDS
DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. CROIX 5 VALENCIA ACOY as mother and next friend to 5 STANICE ACOY, 5 5 2002-CV-0071 Plaintiff, 5 v. 5 5 KMART CORPORATION, 5 5 Defendant. 5 ________________________________________________5 TO: Lee J. Rohn, Esq. Yvette Ross-Edwards, Esq. ORDER DENYING PLAINTIFF’S MOTIONS TO ALLOW PLAINTIFF TO ATTEND MEDIATION TELEPHONICALLY THIS MATTER came before the Court upon Plaintiff’s Motion to Allow Plaintiff to Attend Mediation Telephonically (Docket No. 86). Defendant filed an opposition to said motion, and Plaintiff filed a reply thereto. Plaintiff claims that “due to the cost and expenses of travel for herself and four children, she is unable to attend mediation due to finances[.]” Motion at 1. This Court’s Local Rules of Civil Procedure require a “party or its representative having full authority Case: 1:02-cv-00071-TJS Document #: 89 Filed: 05/22/08 Page 1 of 2 Acoy v. Kmart Corp. 2002-CV-0071 Order Denying Plaintiff’s Motion to Allow Plaintiff to Attend Mediation Telephonically 1. Defendant cites Superior Court Rule 40(d). …
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DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. CROIX 5 VALENCIA ACOY as mother and next friend to 5 STANICE ACOY, 5 5 2002-CV-0071 Plaintiff, 5 v. 5 5 KMART CORPORATION, 5 5 Defendant. 5 ________________________________________________5 TO: Lee J. Rohn, Esq. Yvette Ross-Edwards, Esq. ORDER DENYING PLAINTIFF’S MOTIONS TO ALLOW PLAINTIFF TO ATTEND MEDIATION TELEPHONICALLY THIS MATTER came before the Court upon Plaintiff’s Motion to Allow Plaintiff to Attend Mediation Telephonically (Docket No. 86). Defendant filed an opposition to said motion, and Plaintiff filed a reply thereto. Plaintiff claims that “due to the cost and expenses of travel for herself and four children, she is unable to attend mediation due to finances[.]” Motion at 1. This Court’s Local Rules of Civil Procedure require a “party or its representative having full authority Case: 1:02-cv-00071-TJS Document #: 89 Filed: 05/22/08 Page 1 of 2 Acoy v. Kmart Corp. 2002-CV-0071 Order Denying Plaintiff’s Motion to Allow Plaintiff to Attend Mediation Telephonically 1. Defendant cites Superior Court Rule 40(d). Obviously, the Local Rules of Civil Procedure control in this Court. to settle without further consultation” to be physically present at a mediation conference, unless otherwise stipulated by the parties. LRCi 3.2(f)(2)(A).1 It is clear from the opposition of Defendant that it does not stipulate to Plaintiff’s physical absence from the mediation conference. Nowhere in her motion or reply does Plaintiff state that her representative at the mediation conference will have “full authority to settle without further consultation.” Consequently, the Court finds that Plaintiff must be physically present at the mediation conference and will deny the motion. Accordingly, it is hereby ORDERED Plaintiff’s Motion to Allow Plaintiff to Attend Mediation Telephonically (Docket No. 86) is DENIED. ENTER: Dated: May 22, 2008 /s/ GEORGE W. CANNON, JR. U.S. MAGISTRATE JUDGE Case: 1:02-cv-00071-TJS Document #: 89 Filed: 05/22/08 Page 2 of 2