Plaintiff sued an insurance company for not paying an insurance claim fast enough. The attorneys could not agree on a place to take the deposition fo a witness, and asked the court to intervene. The Judge was less than amused. After castigating the attorneys for not being able to agree on even the most simplest of things, the court issued this ruling:
"[T]he 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 [Courthouse]. 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."
The order was cited in Kara Homes, Inc. v. Century Kitchens, Inc., 374 B.R. 542 (Bkcy. D.N.J. 2007) as an example of the types dispute resolution available to the parties, stating that "even a game of "rock, paper, scissors" has been given judicial imprimatur as an acceptable dispute resolution mechanism."
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