Order in the Court

[Lance]

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
Case No. 6:05-cv-1430-Orl-31JGG

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.
GREGORY A. PRESNELL
United States District Judge

Emphasis added

(Edited to add missing emphasis.)

[umop ap!sdn]

I don't see any emphasis... but the rock paper scissors bit is right on!

[Мастер]

Well, really, all they are determining is the location at which a deposition is held.

Everyone should see the episode Nemesis of the BBC show My Hero, though.

[pmcolt]

I like this approach. It's simple, fast, and not subject to endless appeal.

I think that this method should be adapted in order to decide any close, contested elections if a winner can't be determined after one recount. One of our local, hotly-disputed county commissioner seats was only finally decided about a month ago... and the election was held in November 2004.

[Мастер]

One of our local, hotly-disputed county commissioner seats was only finally decided about a month ago... and the election was held in November 2004.

Did the winner immediately kick off his/her re-election campaign?

[hippietrekx]

I must say, I prefer "evens/odds," but I still can't find anyone in Morenci that knows how to play it... *sigh*

--hippie

[MM_Dandy]

I like this approach. It's simple, fast, and not subject to endless appeal.

I think that this method should be adapted in order to decide any close, contested elections if a winner can't be determined after one recount. One of our local, hotly-disputed county commissioner seats was only finally decided about a month ago... and the election was held in November 2004.

Protocols in some places call for the candidates to play a game of chance in presence of witnesses, etc. in just such a circumstance. In fact, I seem to recall an election decided by a single hand of poker just a few years ago. (In Arizona, I think).

[edit: Found it. It was the mayoral race in Estancia, NM. ]

[St. Jimmy]

I must say, I prefer "evens/odds," but I still can't find anyone in Morenci that knows how to play it... *sigh*

--hippie

You never asked me if I knew how to play it....

[hippietrekx]

I must say, I prefer "evens/odds," but I still can't find anyone in Morenci that knows how to play it... *sigh*

--hippie

You never asked me if I knew how to play it....

Um... do you?

--hippie

[St. Jimmy]

Nope, just giving you a hard time.

[umop ap!sdn]

[Enzo]

Well that was unusual, odd even.

[pmcolt]

But at least they have even odds of winning. :P

MM_Dandy, I like the concept. Too bad there's no such system in place here (nor apparently even any interest in creating it). Even a game of poker would've been so much simpler than half a dozen court decisions on whether improperly-cast provisional votes should be counted.