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Judge’s Order: Rock, Paper, Scissors


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By THOMAS W. KRAUSE
The Tampa Tribune

TAMPA - A federal judge, apparently irate at attorneys who could not agree on the slightest details of a lawsuit, has ordered them to resolve their latest dispute the old fashioned way - a round of rock-paper-scissors.

In an order signed Tuesday, U.S. District Judge Gregory Presnell, of Orlando, scolded the lawyers for their inability to agree on a location in Hillsborough County where they can take the sworn statement of a witness.

Both sides, Presnell ordered, must meet at a neutral location at 4 p.m. June 30 for a game of rock-paper-scissors.

Should they not agree on a neutral location, they will play the game on the steps of Tampa’s federal courthouse, at 801 N. Florida Ave.

One attorney from each side must show up with a paralegal as a witness.

The winner of a single game will choose the location for the witness’s statement.

The lawsuit, filed by Avista Management, alleges that Wausau Underwriters Insurance didn’t pay insurance claims on time.

David Pettinato of Tampa, the lead attorney for Avista, seemed a bit embarrassed by the order. Still, he said, both sides could be held in contempt if they settle their dispute without playing the game.

“We’re going to have to do it,” he said. “I guess I’d better bone up on rock-paper-scissors rules.”

If the loser disputes the game’s outcome, Presnell ordered, that lawyer can appeal to him at a hearing July 7.

Contact Thomas W. Krause at (813)259-7698 or tkrause @tampatrib.com.


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Hats off to the judge. 
Perhaps these lawyers don’t get out enough, sounds like they should spend some time with adults. Welcome to the real world!

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I assume the years of silly decisions John Williams is referring to includes the disenfrancisement of voters in Bush v. Gore, U.S., 2000, and those appellate courts that have since allowed torture, gulags, wiretapping, and McCarthyism.

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this is why ins rates are so high! law suits that allow atty’s and judges to use and waste time and then bill for it.

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Can you imagine the people at Avista and Wassau reading the paper this morning and finding out they are paying for this kind of representation.  I would expect that they will have questions about their bills and their lawyers conduct.  The lawyers will probably explain to their clients that they are being tough and vigorous.  Please publish the other lawyer’s name so I can strike him/her from my list too.

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If only more stupid arguments could be settled this way, the world would be much better off.

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Steve Hair- Great idea- Only thing to add is a circle on the wall to put their nose in. I’d almost pay to see it.  Believe it or not folks there are alot of great lawyers out there. But sometimes they are such boneheads. And it’s always the client who pays for the lawyers pettiness. Start affecting the billable hours and they will think twice about wasting the courts time and the clients money.

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I’m glad somebody finally got fed up with bickering lawyers and did something to make them realize how bad they were acting. Kudos to the judge!

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As a lawyer practicing in this area, I say that since they were acting like children, the judge punished them like children.  Sometimes my colleagues are idiots.  The only thing better that he could have done is to make them stand in the corner of the courtroom for about an hour and forbid them to bill their client’s for it.

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Well put Frank.

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Were have you been Mark, the system has been silly for years. Just open your eyes and see some of the decisions they make.

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Kudos for the judge????  Using court orders just to belittle is not only improper but just further degrades the system.  It makes both he and the lawyers look silly.

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i like this judge, that’s how you do it

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Kudos for the judge

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The attorney’s ought to be embarassed.
I commend the Judge for his originality. LOL

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Just yesterday my boss whose an attorney showed me the Order where the judge ordered the game of Rock Paper Scissors. I thought it was a joke but there was the judges signature. Well if they are going to act like children let the judge treat them that way.

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LOL These two attorneys are acting like spoiled children so why not treat them like children.  Good you Judge Presnell.

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You GO Greg!!!!!  cool smile

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My hats off to the judge, but I think as a judge he should have ordered a location for the depositions. Then again maybe the final decision for the result of the case being presented should be decided the same way, after all most are uneccesary disputes anyway.

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Way to go, Judge! Reduce these bickering lawyers to court jesters!

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I think the judge deserves a round of applause. Most lawyers act like bickering children, so what else but a kids’ game to resolve a dispute.

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