release

In this day and age, many courts issue their orders electronically, and most lawyers have access to the online public records, which means that when a judge does something unusual, the e-mail chain spreads it quickly. This one just landed in my email box.

Wednesday, a federal judge in Orlando, Gregory Presnell, ordered the lawyers in one case to resolve a minor procedural dispute through a game of rock, paper, scissors, angrily noting that this was “the latest in a series of Gordian knots that the parties have been unable to untangle without enlisting the assistance of the federal courts.” I’ve mirrored the order online [pdf document].

Apparently, the lawyers have offices in the same building, four floors apart, and couldn’t agree whether to have depositions in that building or some “neutral” location. As a general matter of practice, the party who seeks the deposition has the right to select the location, unless the location is outside the jurisdiction. Why the parties couldn’t agree, I cannot say.

Although it may be seen as an improper abdication of judicial responsibility to settle disputes, this is really a stern rebuke to the parties involved. The court may or may not intend the lawyers to actually play this game; the court does clearly intend that the lawyers shouldn’t waste the court’s time on minor procedural matters that professionals ought to be able to resolve themselves.

Also, Orlando Sentinel reports on the matter, along with a couple of other weblogs: Guboogi and SALTlawyer.

UPDATE: One of my collegaues is familiar with at least one of the attorneys on the case and is, shall we say, unsurprised that this lawyer finds himself in this predicament.