DISTRICT COURT OF THE VIRGIN ISLANDS
DIVISION OF ST. CROIX
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VALENCIA ACOY as mother and next friend to
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STANICE ACOY,
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2002-CV-0071
Plaintiff,
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v.
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KMART CORPORATION,
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Defendant.
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________________________________________________5
TO:
Lee J. Rohn, Esq.
Yvette Ross-Edwards, Esq.
ORDER DENYING PLAINTIFF’S MOTIONS TO ALLOW PLAINTIFF TO ATTEND
MEDIATION TELEPHONICALLY
THIS MATTER came before the Court upon Plaintiff’s Motion to Allow Plaintiff to
Attend Mediation Telephonically (Docket No. 86).  Defendant filed an opposition to said
motion, and Plaintiff filed a reply thereto.
Plaintiff claims that “due to the cost and expenses of travel for herself and four
children, she is unable to attend mediation due to finances[.]” Motion at 1.  This Court’s
Local Rules of Civil Procedure require a “party or its representative having full authority
Case: 1:02-cv-00071-TJS   Document #: 89   Filed: 05/22/08   Page 1 of 2
Acoy v. Kmart Corp.
2002-CV-0071
Order Denying Plaintiff’s Motion to Allow Plaintiff to Attend Mediation Telephonically
Page 2
1.  Defendant cites Superior Court Rule 40(d).  Obviously, the Local Rules of Civil Procedure control in this
Court.
to settle without further consultation” to be physically present at a mediation conference,
unless otherwise stipulated by the parties.  LRCi 3.2(f)(2)(A).1
It is clear from the opposition of Defendant that it does not stipulate to Plaintiff’s
physical absence from the mediation conference.  Nowhere in her motion or reply does
Plaintiff state that her representative at the mediation conference will have “full authority
to settle without further consultation.”  Consequently, the Court finds that Plaintiff must
be physically present at the mediation conference and will deny the motion.
Accordingly, it is hereby ORDERED Plaintiff’s Motion to Allow Plaintiff to Attend
Mediation Telephonically (Docket No. 86) is DENIED.
ENTER:
Dated: May 22, 2008
                                /s/                                   
GEORGE W. CANNON, JR.
U.S. MAGISTRATE JUDGE
Case: 1:02-cv-00071-TJS   Document #: 89   Filed: 05/22/08   Page 2 of 2