DISTRICT COURT OF THE VIRGIN ISLANDS
DIVISION OF ST. CROIX
)
MICHELINE HENRY individually, and as 
)
mother and next of friend of ANNIESHA 
)
MONDESIR,
)
Plaintiff,
)
2004-CV-0096
v.
)
)
KMART CORPORATION,
)
Defendant.
)
__________________________________________)
TO:
Lee J. Rohn, Esq.
Wilfredo A. Geigel, Esq.
ORDER DENYING PLAINTIFFS’ MOTION FOR SANCTIONS FOR FAILURE TO
ATTEND MEDIATION
THIS MATTER came before the Court upon Plaintiffs Micheline Henry and
Anniesha Mondesir’s Motion for Sanctions for Failure to Attend Mediation (Docket No.
89).  Defendant Kmart Corporation has filed a response in opposition (Docket No. 96). 
The time for filing a reply has expired.
Plaintiffs claim they traveled from Florida to St. Croix for a scheduled mediation
on March 24, 2008.  Motion at 2.  Moreover, Plaintiffs claim that on the same day as their
travel to St. Croix, their counsel received a letter from AMI dated March 6, 2008, in
which Defendant Kmart Corporation canceled the mediation. Id.  As a result, Plaintiffs
Case: 1:04-cv-00096-RLF-GWC   Document #: 99   Filed: 07/21/08   Page 1 of 3
Henry v. Kmart
2004-CV-0096
Order Denying Plaintiffs’ Motion for Sanctions
Page 2
request that the Defendant be sanctioned in the amount of $874.58 in expenses and
$1200.00 in attorney fees.  Id.
In response, Kmart Corporation says it timely cancelled the mediation on March
6, 2008, by sending a letter to AMI with a copy to Plaintiffs’ counsel.  Response at 2. 
Furthermore, Kmart Corporation claims it cancelled the mediation because counsel for
Plaintiffs had opposed said Defendant’s representative in a mediation in another case. 
As a result, Kmart Corporation claims it needed more time to schedule a mediation with
a higher ranking representative in the Kmart Corporation in order to avoid a motion for
sanctions for failure to mediate due to an unauthorized representative.  Id.   
The rules of mediation are governed by Local Rules of Civil Procedure 3.2.  Rule
3.2(f)(2) states that “[i]f a party, without good cause, fails to appear at a duly noticed
mediation conference or fails to participate in the mediation in good faith, the Court
shall impose sanctions . . . .”  Id.  Here, Kmart Corporation did not just randomly fail to
appear at the mediation.  In fact, said Defendant sent a letter dated March 6, 2008,
cancelling the mediation.  Defendants attempted to notify Plaintiffs of the cancellation
prior to Plaintiffs’ receipt of AMI’s notice on March 24, 2008.  Thus, the Court declines
to find that Defendant failed to appear without good cause.
Case: 1:04-cv-00096-RLF-GWC   Document #: 99   Filed: 07/21/08   Page 2 of 3
Henry v. Kmart
2004-CV-0096
Order Denying Plaintiffs’ Motion for Sanctions
Page 3
Accordingly, it is now hereby ORDERED that Plaintiffs’ Motion for Sanctions for
Failure to Attend Mediation(Docket No. 89) is DENIED.
ENTER:
Dated: July 21, 2008
                                            /s/                                    
GEORGE W. CANNON, JR.
U.S. MAGISTRATE JUDGE
Case: 1:04-cv-00096-RLF-GWC   Document #: 99   Filed: 07/21/08   Page 3 of 3