Cause No. -- BAT WORLD SANCTUARY and AMANDA LOLLAR, vs. MARY CUMMINS, Plaintiffs, Defendant Pro se IN THE DISTRICT COURT TARRANT COUNTY, TEXAS nd JUDICIAL DISTRICT TO THE HONORABLE JUDGE OF SAID COURT: Mary Cummins, Defendant Pro se, files this Motion Objecting to Order of Referral to Mediation, and in support shows the following: I. Trial has been set in this case for the week of January,. Judge Bonnie Sudderth signed an order of referral to mediation November, (Exhibit 1). The order stated that parties must mediate on December, at :00 a.m. or any mutually-agreed upon date and time. The mediator was designated as Jason C.N. Smith, 00 th Ave., Fort Worth, Texas, () -01. The mediation costs would be borne equally unless the parties agree otherwise.. Defendant contacted court when Defendant received the order on December,. Defendant told court Defendant could not find an affordable flight on December, during the holidays with such short notice. Defendant had also made plans months earlier to be away during that time for Defendant s birthday. Defendant asked Plaintiffs attorney Randy Turner to change the date of December, to January, or any day during the first week of January. Plaintiffs attorney said he would - 1
only change the date if Defendant signed an injunction against Defendant (yes, against herself) agreeing to remove every negative mention of Plaintiffs attorney and Plaintiffs from the entire Internet or else, the lawsuit will crank up into high gear again with endless hearings, depositions, motions and, eventually, a trial. I am fine doing that. I litigate for a living. Obviously Defendant cannot sign an injunction which is physically, technically and legally impossible.. Judge Bonnie Sudderth gave approval to mediate at a later date as long as it was done in a reasonable time frame. Court coordinator relayed the message to the mediator December,. Defendant relayed this message to Plaintiffs via email (Exhibit ). Defendant stated in that email that Defendant left a phone message for mediator asking about minimum number of hours and fees.. Defendant contacted mediator by phone December, to schedule the date. Defendant also left a message asking about the minimum number of hours and fees. Defendant received no response. Defendant again contacted mediator by phone December, and received no response. Defendant emailed mediator December, (Exhibit ) asking to set up the appointment. By then Plaintiffs attorney agreed to January mediation date but mediator had yet to confirm a time.. December, Susan Davis paralegal to Jason Smith finally emailed Defendant asking if Defendant was available January, (Exhibit ). A week had passed since Defendant asked for the appointment. Defendant replied via email (Exhibit ) stating that they d waited a week to schedule the mediation. Airfare would be increased because of later booking during the expensive holiday travel season. Defendant asked -
to appear by phone or video or if they would reduce their mediation fee by the $ increase in airfare.. December, Susan Davis emailed Defendant (Exhibit ) that the court coordinator contacted the mediator and stated mediation will be January, at :0 am. If parties do not settle that day, trial begins the next day. Mediation cost is $1,000/ hour for four hours split between the parties or $,000 minimum.. Defendant objects to this mediation for the following reasons: a. The mediation fee is not fair. Average Texas mediation fee is $00/party for a half day four hour mediation session. Mediator s fee of $,000 is four times the state average. Defendant believes mediator is taking advantage of the court s order to mediate or instantly go to trial. Defendant can t afford the cost of this mediation. b. There is a conflict of interest between the mediator and Plaintiffs attorney Randy Turner. Mediator Jason Smith is a friend of Plaintiffs attorney Randy Turner. They both work with the Humane Society of North Texas. They both speak for animal issues in Fort Worth, Texas. They both spoke for strengthening the aggressive dog laws at the same City Council meeting. Defendant also believes that their assistants are personal friends as evidenced by Plaintiffs attorney s assistant Kelly Bozeman s response to Susan Davis email to parties (Exhibit ). c. Plaintiffs never filed a scheduling order for this case. d. Parties were not given the chance to first agree to a mediator. The mediator was appointed by the court. Defendant would have and is objecting to this specific mediator based on fee and conflict of interest. -
e. This case is not ready for mediation. Plaintiffs have refused to hand over discovery. Defendant must file another motion to compel discovery and other items. Plaintiffs also only turned over half of the wide angle view video of Defendant s deposition. Plaintiffs have refused to allow Defendant to depose their witnesses even though Defendant has asked repeatedly. f. Mediation will not result in settlement. Mediation would be a waste of time and money. Plaintiffs attorney has made it perfectly clear that he does not intend to settle. Defendant has made two settlement offers and Plaintiff did not reply. Plaintiffs attorney stated he intends to go to trial.. Defendant requests that this court cancel mediation for all the reasons set forth in this motion. In the alternative Defendant requests mediation take place at a later date. Defendant requests that mediation be done pro bono by the Dispute Resolution Services of Tarrant County. In the alternative Defendant requests that Defendant be allowed to select an unbiased, independent mediator that charges no more than $00/ party for four total hours of mediation. Respectfully submitted, Mary Cummins, Defendant Pro se W th St, #1-0 Los Angeles, CA 00-0 Phone --0 Email: mmmaryinla@aol.com By: Mary Cummins, Defendant Pro Se -
CERTIFICATE OF SERVICE I, Mary Cummins, hereby certify that a TRUE COPY of the above DEFENDANT S MOTION OBJECTING TO ORDER OF REFERRAL TO MEDIATION was served on the Plaintiffs Attorney of record by FAX and by FIRST CLASS MAIL at Randy Turner Turner & McKenzie 00 N. Norwood Dr # 0 Hurst, Texas 0 Fax: -- this th Day of December, Mary Cummins, Defendant Pro se W th St, #1-0 Los Angeles, CA 00-0 Phone --0 Email: mmmaryinla@aol.com -