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Marine | Florida Southern
Order on Motion for Leave to File
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Parties' Joint Motion for Leave to Conduct Mediation by Videoconference. 46 . Therein, the Parties seek leave to mediate remotely because their selected mediator, who is "one of the few mediators in the nation that specializes in passenger cruise injury and death," is only available remotely "for cases of this criteria" such that if they are required to mediate in-person, they "will have no choice but to seek leave of this court to select an alternative mediator and reschedule mediation." Id. at 1-2. The Parties further argue that remote mediation will allow them to proceed as scheduled, "comply with the Court's deadlines and help mitigate travel expenses and costs for the parties." Id. at 2. In its Paperless Order of Referral to Mediation, the Court emphasized that the "physical presence of counsel and each party with full authority to enter in a full and complete compromise and settlement is mandatory," and that the "mediation shall take place in person absent good cause shown by the parties." (ECF No. 13). Here, the Parties were on notice that in-person mediation was required and nevertheless selected a mediator who was only available remotely for their purposes, and moreover failed to seek leave to mediate remotely when they instead simply filed a now-stricken Joint Notice of Scheduling Mediation that set mediation for videoconference. (ECF Nos. 43, 44, 45). Nevertheless, given the selected mediator's highly specialized expertise in passenger cruise injury and death, which is the instant action, the Court will grant the Parties' requested leave. Accordingly, UPON CONSIDERATION of the Joint Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Joint Motion 46 is GRANTED. The Parties may conduct their mediation remotely. During the mediation conference, any remote participants shall have their web cameras on and positioned such that they are visible to one another unless excused by the mediator. Signed by Judge K. Michael Moore on 7/8/2026. (ss01)
Waiver of Service Executed
WAIVER OF SERVICE Returned Executed by James F. Booker. Carnival Corporation waiver sent on 7/6/2026, response/answer due 9/4/2026. (Carlin, Elizabeth)
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