DISTRICT COURT OF THE VIRGIN ISLANDS
DIVISION OF ST. CROIX
5
TIA SMITH,
5
5
Plaintiff,
5
1:07-cv-14
v.
5
5
SGS NORTH AMERICA, INC., and
5
MATTHEW REILLY,
5
5
Defendants.
5
__________________________________________5
TO:
Lee J. Rohn, Esq.
Sharmane Davis-Brathwaite, Esq.
ORDER
THIS MATTER came before the Court upon Plaintiff’s Emergency Motion to
Compel Mediation on August 11, 2009 (Docket No. 115).  Defendant filed a response to said
motion.  The time for filing a reply has expired.
While the Court is sympathetic to Plaintiff’s deployment, the Court cannot ignore
that fact that mediation cannot go forward on August 21, 2009, as agreed, because of
Plaintiff’s unavailability.  Upon inquiry, the representative for Defendant SGS North
America, Inc., indicated that he could be available any day in August prior to the 6 .  Based
th
upon such information, the Court will not compel said Defendant to mediate on August
11, 2009.  Because it is Plaintiff who will not be available to mediate as previously agreed
Case: 1:07-cv-00014-JEJ-GWC   Document #: 118   Filed: 07/24/09   Page 1 of 2
Smith v. SGS North America, Inc.
1:07-cv-14
Order
Page 2
on August 21, 2009, and it is Plaintiff who chose to bring this action, it is Plaintiff who
should make herself available to mediate between August 1-5 to accommodate said
Defendant’s schedule.
WHEREFORE, it is now hereby ORDERED that Plaintiff’s Emergency Motion to
Compel Mediation on August 11, 2009 (Docket No. 112) is DENIED.
ENTER:
Dated: July 24, 2009
/s/ George W. Cannon, Jr.                           
GEORGE W. CANNON, JR.
U.S. MAGISTRATE JUDGE
Case: 1:07-cv-00014-JEJ-GWC   Document #: 118   Filed: 07/24/09   Page 2 of 2