Judge Orders 'Rock Paper Scissors' To Settle Fla. Dispute

[The Straight Story]

Judge Orders 'Rock Paper Scissors' To Settle Fla. Dispute

POSTED: 6:16 pm EDT June 7, 2006

TAMPA, Fla. -- A federal judge in Tampa seems to think a game of 'rock paper scissors' will settle a dispute.

In an order, U.S. District Judge Gregory Presnell scolded lawyers for their inability to agree on a location where they can take the sworn statement of a witness in an insurance lawsuit.

Presnell ordered both sides to meet at a neutral location at 4 p.m. June 30th to play a round of the hand-gesture game often used to settle childhood disputes.

If they can't agree on the neutral location, they'll play on the steps of the federal courthouse.

The winner gets to choose the location for the witness statement.

http://www.local6.com/news/9337594/detail.html

[BlooInBloo]

1. ROFL! Best 2 outta 3?

[tives12]

2. I guarentee that if another Supreme Court slot opens up...

that this man will get nominated by George.

[NorCalDem]

4. Dude, I like that attitude in a judge

if the lawyers aren't cooperating and proceeding at a reasonable pace, make them settle it NOW! Our criminal justice system would work so much faster if there wasn't so much Bulls**t involved in trials (this is especially true for "big" trials, ala O.J.).

What this country really needs is a great big dose of some COMMON SENSE. Why should a trial get held up for weeks because two children (lawyers) can't figure out a place to meet for an hour or so and take a statement. If they're acting like children, treat them like children. When they start practicing law again, you can treat them like lawyers.

[wakeme2008]

5. I like that judge myself

Lawyers fighting over where to do something is BS.

[-..__...]

3. Lacking any further details regarding the case...

If the lawyers are going to act like children, then the judge might as well treat them like children.

[Sgent]

6. The order (by a district ct. judge)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
______________________________________

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

Plaintiff

-vs- Case No. 6:05-cv-1430-Orl-31JGG


(Consolidated)
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 theperiod 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
Unrepresented Party
Case 6:05-cv-01430-GAP-JGG Document 106 Filed 06/06/2006

[rep the dems]

7. Whoever picks paper will win.

[Cocoa]

8. Bart: good old rock, nothing beats rock

Lisa: good old Bart, always picks rock. :-)

[djg21]

9. Posted to LBN

With link to PDF of decision.

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=102x2327298