Williams v. Department of Public Safety - State of North Carolina - State Highway Patrol et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:23-cv-00366-MR-WCM
JONATHAN DANIEL WILLIAMS, )
)
Plaintiff, )
) ORDER
v. )
)
DEPARTMENT OF PUBLIC SAFETY – )
STATE OF NORTH CAROLINA – )
STATE HIGHWAY PATROL; )
RANDY L. DEATON,
Captain; )
BRANDON S. SMITH,
Lieutenant; )
HAROLD F. STINES; )
AARON C. AMMONS,
Sergeant; and )
CHRISTOPHER W. COOK,
Sergeant; )
)
Defendants. )
______________________________________ )
This matter is before the Court on Defendants’ Motion to Excuse
Individual Attendance at Mediation (the “Motion,” Doc. 20).
A mediation is set for October 2, 2024. Allan R. Tarleton has been
appointed pursuant to the Pro Se Settlement Assistance Program for the
limited purpose of assisting
pro se Plaintiff with that mediation, Doc. 16, and
Frank Goldsmith has been designated as the mediator. Doc. 17.
The Motion requests that Aaron C. Ammons, Christopher W. Cook,
Randy L. Deaton, Brandon S. Smith, and Harold F. Stines (the “Individual
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Defendants”), as well as any insurance carrier, be excused from participating.
Doc. 20 at 1.
In its discretion, the Court declines to excuse the Individual Defendants
and any insurance carrier from participating in the upcoming settlement
conference.
This ruling, however, does not prohibit any party or person who is
required to attend from being excused upon the consent of all other required
participants and the mediator, pursuant to the Rules for Mediated Settlement
Conferences. See Rule 4(a)(4).1
Accordingly, the Motion (Doc. 20) is DENIED.
It is so ordered.
1 See Rules for Mediated Settlement Conferences and Other Settlement Procedures
in Superior Court Civil Actions - Codified 18 June 2024.pdf (nccourts.gov).
Signed: September 3, 2024
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