Domestic Diversions

Judge Gregory A. Presnell’s opinion

AVISTA MANAGEMENT, INC., d/b/a Avista Plex, Inc., Plaintiff,
Case No. 6:05-cv-1430-Orl-31JGG (Consolidated)
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.

One thought on “Judge Gregory A. Presnell’s opinion

  1. Don

    It is probably a bit much to assume that both parties can agree on the rules of rock, paper, scissors, don’t you think. Do you use dynamite or not? It isn’t in the name, but some do. Also is the loser required to absorb a whack from the winner as is tradition on most schoolyards? Seems that some could view it as an incomplete decision. Good one though.

    I see this case made this list:
    and that list in turn contains my favorite case of all time:
    Fisher v. Lowe, 122 Mich.App. 418, 33 NW2d 67 (1983)
    J.H. GILLIS, Judge.

    We thought that we would never see
    A suit to compensate a tree.
    A suit whose claim in tort is prest
    Upon a mangled tree’s behest;

    etc. …

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