Fla. Magistrate Judge Orders TCPA Litigants to Required Rule 16 Mediation
U.S. Magistrate Judge Alicia Valle for Southern Florida in Fort Lauderdale directed plaintiff Kristy Beckwith and defendant Northeastern Health Group to agree on a mediator and to file notice of the selection of that mediator by Jan. 31, as is…
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required under Federal Rule of Civil Procedure 16 and Local Rule 16.2, said the judge’s order, signed Wednesday and posted Thursday (docket 0:23-cv-62387). The notice will specify the place, date and time of mediation, said the order. If there’s no agreement on a mediator, the clerk will designate one “on a blind rotation basis,” it said. If mediation isn’t conducted, the case “may be stricken from the trial calendar, and other sanctions may be imposed,” it said. Beckwith’s Dec. 21 class action alleges Northeastern, a health insurance company, made telemarketing calls to residential phone numbers listed on the national do not call registry, in prohibition of the Telephone Consumer Protection Act (see 2312220017).