sliced bread #2

Some look at things that are, and ask why. I dream of things that never were and ask why not.

Tuesday, June 13, 2006

alternative dispute resolution

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Faced with the inability of bickering attorneys to resolve even the most innocuous scheduling questions without his intervention, a Florida judge ordered the two to meet on the steps of the federal courthouse and resolve their latest quarrel by playing "one (1) game of 'rock, paper, scissors.'"

Judge Gregory A. Presnell of Orlando ordered the unusual measure, which he characterized as "a new form of alternative dispute resolution," after the two Tampa attorneys had proven unable to agree upon where to hold a deposition, even though both of their offices are just four floors away in the very same building in Tampa. The Solomonic ruling comes in an insurance dispute filed last September by Avista Management against Wausau Underwriters Insurance Co.

Defense attorney D. Lee Craig, of Butler Pappas Weihmuller Katz Craig, proposed holding the deposition in his office, but plaintiffs' attorney David J. Pettinato of Merlin Law Group wanted it to take place at the court reporter's office down the street. Characterizing the disagreement as "the latest in a series of Gordian knots that the parties have been unable to untangle without enlisting the assistance of the federal courts," Judge Presnell ordered each attorney, "accompanied by one paralegal who shall act as an attendant and witness," to play the dispositive round of RPS on June 30. The winner of this engagement shall be entitled to select the location of the . . . deposition," he ruled, so long as it was within Hillsborough County.

In an interview, plaintiff's lawyer Pettinato says, "I'm going to comply with the court's order to the letter." Defense lawyer Craig did not respond to a phone message, while Judge Presnell, 63, who was appointed to the bench by President Bill Clinton in 2000, declined comment.

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