United States District Court, S.D. Georgia, Savannah Division
UNITED STATES OF AMERICA, ex rel JOLIE JOHNSON and DEBBIE HELMLY, and STATE OF GEORGIA, ex rel JOLIE JOHNSON and DEBBIE HELMLY, Plaintiffs,
SPANISH OAKS HOSPICE, INC.; SPANISH OAKS RETREAT, INC.; and KEITH MUNGER, Defendants.
ORDER SETTING MEDIATION
K. EFPS, UNITED STATES MAGISTRATE JUDGE.
request of the parties, the Court hereby schedules a
mediation before the undersigned on Tuesday, November 28,
2017, at 9:00 a.m., in the United States District Courthouse,
125 Bull Street, Savannah, Georgia. Personal appearance by
the parties is required to increase the efficiency and
effectiveness of the mediation by reducing the time for
communication of offers and expanding the ability to explore
options for settlement. A party representative with full
settlement authority shall appear in person. If any party is
insured for the claims at issue, a representative of the
insurer with full settlement authority shall also appear in
conferences are often unproductive unless the parties have
exchanged demands and offers before the conference and have
made a serious effort to settle the case on their own. Before
arriving at the mediation, the parties are to negotiate and
make a good faith effort to settle the case without
involvement of the Court. Specific proposals and counter
proposals shall be made.
party shall submit, in confidence, a concise statement of the
evidence the party expects to produce at trial to the
undersigned via email to
CourtnayCapps@gas.uscourts.gov by 5:00 p.m., on
Tuesday, November 21, 2017. The statements should include
analysis of the strengths and weaknesses of the case and
outline the settlement negotiations to date. The statement is
not to exceed ten typed pages, double-spaced.
mediation will be conducted in such a manner as to not
prejudice any party in the event settlement is not reached.
To that end, all matters communicated to the undersigned in
confidence will be kept confidential and will not be
disclosed to any other party. The parties agree, by
participating in the settlement conference, that any
statements made or presented during the conference are
confidential and may not be used as evidence in any
subsequent administrative or judicial proceedings. However,
the undersigned will share the results of mediation with the
presiding District Judge, including in the event of an
unsuccessful mediation the last offers of the parties, the
resulting gap mediation could not bridge, and the
undersigned's assessment of whether additional mediation
efforts may be successful.
parties, through counsel, should be prepared to begin the
mediation with a brief presentation outlining the factual and
legal highlights of the case. Separate, confidential caucuses
will then be held with each party. Attached is an outline for
counsel to review with the parties prior to the mediation to
make the best use of the limited time allotted.
shows that in negotiations the party who is best prepared
usually obtains the best result. Settlement conferences are
more efficient if all parties and counsel are prepared.
Consider the following points, some of which may not apply,
to aid in the effectiveness of your settlement conference.
Parties with ultimate settlement authority must be personally
present. If this is not possible, you must notify the judge
in advance and discuss the alternatives.
Court will use a mediation format, and private caucusing with
each side; the judge may address your client directly. The
judge will not meet with parties separate from counsel.
issues (in and outside of this lawsuit) need to be resolved?
What are the strengths and weaknesses of each issue? ...