ORDER REFERRING CASE to Alternative Dispute Resolution. Signed by Judge Ernest C. Torres on July 26, 2005. Faxed to all counsel of record(Leyva, Lucia) Modified on 7/27/2005 - Notification to Counsel(Leyva, Lucia).
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Case 1:04-cv-00048-T Document 58 Filed 07/27/2005 Page 1 of 2 UNITED STATES DISTRICT COURT DISTRICT OF RHODE ISLAND PENNSYLVANIA GENERAL INSURANCE, ET AL Plaintiff VS CHURCHILL BANKS, ET AL Defendant ORDER REFERRING CASE TO ALTERNATIVE DISPUTE RESOLUTION The parties in this case have indicated their agreement to pursue alternative dispute resolution under the framework of the Court's Alternative Dispute Resolution Plan. The Court finds that this case is appropriate for referral to ADR.
IT IS HEREBY ORDERED THAT:
1.
Mediation proceedings be conducted in accordance with procedures outlined in the Court's ADR Plan as amended and such addition requirements as the mediator shall require.
2.
The parties in this case have selected Mediation as the method by which they wish to attempt resolution of this matter and have selected William A. Poore, Esq. to serve as mediator in this case.
3.
Mediation proceedings in this matter shall be deemed confidential. Rule 408 of the Federal Rules of Evidence shall apply to information, statements and evidence generated in the course of the mediation and shall make inadmissible evidence of conduct or statements made unless otherwise discoverable.
Moreover, all mem~randaand other work products, including but not limited to, files, reports, interviews, case summaries and notes, prepared by the appointed neutral assigned to the case, shall not be subject to disclosure in any subsequent civil proceeding involving any of the arties participating in the ADR o tion, nor shall the mediator be com elled to isclose in any subsequent civi proceeding any communication ma e to him or her in the course of, or relating to the subject matter of any case referred to ADR and in which a arty or other persons took part in ADR proceedings before the assigned neutral. T e mediator shall not communicate any confidential information, nor discuss ADR proceedings with any judicial officer, employees of the court, or other third party, other than to report the status of ADR proceedings.
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Case 1:04-cv-00048-T Document 58 Filed 07/27/2005 Page 2 of 2 4.
All parties, counsel of record, and corporate representatives or claims professionals having full authority to bind and settle this case, shall attend the mediation."Settlement Authority" means the individual with control of the full financial settlement resources involved in the case, including insurance and the full financial authority and ability to agree to a binding settlement agreement 5.
Parties and their counsel shall participate in the mediation in good faith. SO ORDERED this th&LDay of I4 5 , -2005.
ERNEST C. TORRES, CHIEF JUDGE
United States District Court Judge
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Case 1:04-cv-00048-T
Document 58
Filed 07/27/2005
Page 1 of 2
UNITED STATES DISTRICT COURT
DISTRICT OF RHODE ISLAND
PENNSYLVANIA GENERAL INSURANCE, ET AL
Plaintiff
VS
CHURCHILL BANKS, ET AL
Defendant
ORDER
REFERRING CASE TO ALTERNATIVE DISPUTE RESOLUTION
The parties in this case have indicated their agreement to pursue alternative dispute resolution
under the framework of the Court's Alternative Dispute Resolution Plan. The Court finds that this
case is appropriate for referral to ADR.
IT IS HEREBY ORDERED THAT:
1.
Mediation proceedings be conducted in accordance with procedures outlined in the
Court's ADR Plan as amended and such addition requirements as the mediator shall
require.
2.
The parties in this case have selected Mediation as the method by which they wish
to attempt resolution of this matter and have selected William A. Poore, Esq. to
serve as mediator in this case.
3.
Mediation proceedings in this matter shall be deemed confidential. Rule 408 of the
Federal Rules of Evidence shall apply to information, statements and evidence
generated in the course of the mediation and shall make inadmissible evidence of
conduct or statements made unless otherwise discoverable.
Moreover, all mem~randaand other work products, including but not limited to,
files, reports, interviews, case summaries and notes, prepared by the appointed
neutral assigned to the case, shall not be subject to disclosure in any subsequent civil
proceeding involving any of the arties participating in the ADR o tion, nor shall the
mediator be com elled to isclose in any subsequent civi proceeding any
communication ma e to him or her in the course of, or relating to the subject matter
of any case referred to ADR and in which a arty or other persons took part in ADR
proceedings before the assigned neutral. T e mediator shall not communicate any
confidential information, nor discuss ADR proceedings with any judicial officer,
employees of the court, or other third party, other than to report the status of ADR
proceedings.
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Case 1:04-cv-00048-T
Document 58
Filed 07/27/2005
Page 2 of 2
4.
All parties, counsel of record, and corporate representatives or claims professionals
having full authority to bind and settle this case, shall attend the
mediation."Settlement Authority" means the individual with control of the full
financial settlement resources involved in the case, including insurance and the full
financial authority and ability to agree to a binding settlement agreement
5.
Parties and their counsel shall participate in the mediation in good faith.
SO ORDERED this th&LDay of
I4 5
, -2005.
ERNEST C. TORRES, CHIEF JUDGE
United States District Court Judge
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