Abrams-Jackson v. Avossa

282 F. Supp. 3d 1268
CourtDistrict Court, S.D. Florida
DecidedOctober 13, 2017
DocketCase No. 16–cv–81624–MARRA/MATTHEWMAN
StatusPublished

This text of 282 F. Supp. 3d 1268 (Abrams-Jackson v. Avossa) is published on Counsel Stack Legal Research, covering District Court, S.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Abrams-Jackson v. Avossa, 282 F. Supp. 3d 1268 (S.D. Fla. 2017).

Opinion

WILLIAM MATTHEWMAN, UNITED STATES MAGISTRATE JUDGE

THIS CAUSE is before the Court upon Defendants, Cheryl McKeever and Palm Beach County School Board's ("Defendants") Motion for Sanctions Against Plaintiff for Willful and Intentional Violations of Local Rule 16.2(g)(2) and Fla. Stat. § 44.505 and Motion to Strike Confidential Mediation Statement from the Docket ("Motion") [DE 84]. This matter was referred to the undersigned by United States District Judge Kenneth A. Marra. See DE 28.

BACKGROUND

On July 12, 2017, Plaintiff filed a Motion to Alter or Amend Judgment under Rule 59(e) and Response and Objection to Defendants' Motion for Attorneys' Fees and Costs re: Defendants' Motions to Suspend/Reschedule Depositions and Protective Order and Motion for Protective Order [DEs 57, 58].1 Plaintiff's counsel, Malik Leigh, Esq., and Danielle Renee Watson, Esq., attached to that motion Defendants' June 29, 2017 confidential mediation statement [DE 57-3]. In the Court's Order Denying Plaintiffs' Motion to Alter or Amend Judgment under Rule 59(e) [DE 74], the Court noted that Plaintiff's counsel had violated a Local Rule and a Florida statute by publicly filing Defendants' confidential mediation statement. [DE 74, p. 5]. The Court also provided Defendants the opportunity to seek any necessary or appropriate relief as to Plaintiff's counsel's improper filing of the confidential mediation statement by way of a motion to strike and/or other appropriate motion or request for relief. Id. at p. 5, f.n. 2.

MOTION, RESPONSE, AND REPLY

In the Motion, Defendants request entry of an Order awarding sanctions against Plaintiff's counsel for Plaintiff's counsel's willful and intentional violations of Local Rule 16.2(g)(2) and Florida Statute § 44.405, and the striking of Defendants' confidential mediation statement [DE 61-3] from the docket. [DE 84, p. 1]. Defendants *1270also request that the Court dismiss Plaintiff's case with prejudice pursuant to Federal Rule of Civil Procedure 41(b) because Plaintiff's counsel have acted in bad faith and engaged in willful and deliberate conduct in violating the rules. Id. at p. 2.

In response, Plaintiff's counsel argue that "because the Defendants neither participated nor acknowledged the order to participate or even attend Mediation, there was no confidential information to reveal." [DE 92, p. 2]. Plaintiff's counsel also contend that they "submitted the Plaintiff's [sic] pre-mediation statement for the sole purpose of proving that Plaintiff's [sic] premeditated motive was to not attend mediation nor conduct themselves in good faith." Id. at p. 4. Plaintiff's counsel maintain that sanctions should be levied upon Defendants instead because they violated the Local Rule and Court Orders by failing to attend the mediation. Id. Plaintiff's counsel further argue that "[a] party owns the privilege in a confidential mediation, and as a party, the Plaintiff, here waives his right to confidentiality in this case and if the Court deems it necessary, will submit to an evidentiary hearing to call the Mediator to testify, in a narrow case, the occurrence of the purported mediation."Id. at p. 5. Finally, Plaintiff's counsel assert, "[i]f the Plaintiff in some way has interpreted his responsibility to notify the Court in this manner; disclosing a pre-mediation statement for a mediation that did not occur, then he made a [sic] honest mistake. However, the Local Court rule [sic] 16 an [sic] 16.2 provide no reliable manner to notify the Court when another party does not attend mediation." Id.

In reply, Defendants argue that dismissal of this case with prejudice "is warranted because Plaintiffs' counsel continue an unabated pattern of engaging in willful and deliberate conduct in violating the rules and Orders of this Honorable Court." [DE 93, p. 1]. Defendants contend that Plaintiff's counsel "never claimed in the Motion to Alter or Amend that Defendants did not attend mediation; they claimed that Defendants did not attend mediation in good faith, but they failed to identify any facts or other evidence to support the baseless claim." Id. at p. 2. Defendants further assert that Plaintiff's counsel misunderstands the Florida statute. Id. at pp. 2-3.

ANALYSIS

The Court has carefully reviewed the Motion [DE 84], Defendants' sealed exhibit to the Motion [DE 86-1], Plaintiff's counsel's response [DE 92], Defendants' reply [DE 93], and the entire docket in this case. This dispute arises because Plaintiff's counsel attached to a motion-and publicly filed-a confidential mediation statement [DE 57-3] of Defendants in this case. Rather than simply agreeing to withdraw the improperly filed confidential mediation statement and apologizing for filing it in violation of Local Rule 16(g)(2) and Florida Statute § 44.405, Plaintiff's counsel instead filed a response [DE 92], which, in essence, frivolously asserts that, since the mediation allegedly never actually took place, it was not improper to file the confidential mediation statement in the public record.

The Court first observes that Plaintiff's response [DE 92] was filed untimely. The Court ordered Plaintiff and her counsel, Malik Leigh, Esq., and Danielle Renee Watson, Esq., to file their response on or before October 3, 2017. [DE 85, p. 1, para. 1]. However, the response [DE 92] was not filed until 10:23 p.m. on October 4, 2017. Plaintiff's counsel never filed a motion seeking to file the response out-of-time or provided a valid reason for the delayed filing, as required by Federal Rule of Civil Procedure 6.

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Cite This Page — Counsel Stack

Bluebook (online)
282 F. Supp. 3d 1268, Counsel Stack Legal Research, https://law.counselstack.com/opinion/abrams-jackson-v-avossa-flsd-2017.