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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION

AVISTA MANAGEMENT, INC., d/b/a Avista Plex, Inc.,

Plaintiff,

-vs-

WAUSAU UNDERWRITERS INSURANCE COMPANY,

Defendant.

______________________________________

ORDER

This matter comes before the Court on Plaintiff's Motion to designate location of a Rule 30(b)(6) deposition (Doc. 105). Upon consideration of the Motion – the latest in a series of Gordian knots that the parties have been unable to untangle without enlisting the assistance of the federal courts – it is

ORDERED that said Motion is DENIED. Instead, the Court will fashion a new form of alternative dispute resolution, to wit: at 4:00 P.M. on Friday, June 30, 2006, counsel shall convene at a neutral site agreeable to both parties. If counsel cannot agree on a neutral site, they shall meet on the front steps of the Sam M. Gibbons U.S. Courthouse, 801 North Florida Ave., Tampa, Florida 33602. Each lawyer shall be entitled to be accompanied by one paralegal who shall act as an attendant and witness. At that time and location, counsel shall engage in one (1) game of "rock, paper, scissors." The winner of this engagement shall be entitled to select the location for the 30(b)(6) deposition to be held somewhere in Hillsborough County during the period July 11-12, 2006. If either party disputes the outcome of this engagement, an appeal may be filed and a hearing will be held at 8:30 A.M. on Friday, July 7, 2006 before the undersigned in Courtroom 3, George C. Young United States Courthouse and Federal Building, 80 North Hughey Avenue, Orlando, Florida 32801.

DONE and ORDERED in Chambers, Orlando, Florida on June 6, 2006.

Copies furnished to: Counsel of Record

The article about what led to this sort of a court order being issued can be read on CNN Money.

(no subject)

Date: 2006-06-07 10:37 pm (UTC)
From: [identity profile] sagejackal.livejournal.com
Damn! O_O

It's like something out of Boston Legal!

(no subject)

Date: 2006-06-07 11:06 pm (UTC)
From: [identity profile] shenryyr.livejournal.com
as crazy as it sounds, I like the idea.  look at what they're arguing over; where to meet.  they're from the same office building, jeez.

(no subject)

Date: 2006-06-08 12:21 am (UTC)
From: [identity profile] furahi.livejournal.com
That is so.... funny ;D

Other odd legal practices.

Date: 2006-06-08 12:34 am (UTC)
From: [identity profile] coppercheetah.livejournal.com
As it is, I know a few cases where the city law decrees that during elections, if a clear winner is not decided, things can be resolved by "the single flip of a coin, with assignation of 'heads' and 'tails' to the two candidates in question to determine outcome", and in another nearby city by "the selection of two playing cards, one being the Ace of Spades and the other being the Ace of Hearts, and allowing the candidates in contention to draw said cards, with the candidate which draws the Ace of Spades being declared the winner."

Especially in Western states, the ultimate decider being simple pure luck is not at all uncommon. All hail the wild, wild west!

(no subject)

Date: 2006-06-08 02:35 am (UTC)
From: [identity profile] lionman.livejournal.com
Whil you can't make this stuff up, maybe you could choose not to use a pink background, so it's easier to read? :-)

(no subject)

Date: 2006-06-08 02:37 am (UTC)
From: [identity profile] giza.livejournal.com


B-b-but... it's SUPER GAY!~

(no subject)

Date: 2006-06-08 02:41 am (UTC)
From: [identity profile] lionman.livejournal.com
Yes, we all know you are, it's not necessary to re-share that with your friends list over and over and over. We'll bite you anyway. ;-)

(no subject)

Date: 2006-06-08 05:05 am (UTC)
From: [identity profile] kinkyturtle.livejournal.com
Why'ncha just turn off page style temporarily?

(no subject)

Date: 2006-06-08 05:44 am (UTC)
From: [identity profile] thraxarious.livejournal.com
It would be Sooooo much better if it was a game of "Psyche out" Rock Paper Scissors.

"OH yeah... Rock is it... right here baby... gonna smash your ass up with Rock!"

"Dude, so weak, paper is going to ball your rocks right up and throw em out. Paper always wins."

I highly reccomend it.

(no subject)

Date: 2006-06-08 12:43 pm (UTC)
From: [identity profile] netcrimes.livejournal.com
ROTFL!!!!

(no subject)

Date: 2006-06-08 04:02 pm (UTC)
From: [identity profile] moonfires.livejournal.com
They're acting like children, they can settle the matter like children ;>

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giza: Giza White Mage (Default)
Douglas Muth

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