'Kemp v. Bottoms' Mask Lawsuit Heads to Mediation
"We are in agreement that masks save lives," Mayor Keisha Lance Bottoms said after a chat with Gov. Brian Kemp. "We will see if we can work out some terms that we can share publicly and not have this play out in court."
July 23, 2020 at 08:39 PM
4 minute read
The original version of this story was published on Daily Report
Mediation will be the next chapter in the mask drama between Georgia Gov. Brian Kemp and Atlanta Mayor Keisha Lance Bottoms.
"It appears that the interests of the parties and the orderly management of this Court's business would be served by forwarding this matter to mediation," Fulton County Superior Court Judge Jane Barwick said in an order stamped in the clerk's office at 4:02 p.m. Thursday.
"The Court ORDERS that the parties attend mediation with the Honorable Cynthia D. Wright, Senior Judge," Barwick said. "All counsel must be present with access to the parties at the mediation, must be vested with full settlement authority, and must make a good faith effort to resolve the issues involved in this case."
At about the same time the judge was signing the order, the mayor was sounding a conciliatory tone in a "virtual press conference" broadcast live on her social media platforms.
"As a lawyer and a former judge, I know it's always better to give parties an opportunity to talk to resolve their differences before you put it in the hands of others," Bottoms said. She said that's why she reached out to the governor yesterday to talk about where they can find common ground.
"We are in agreement that masks save lives," she said. She also emphasized the voluntary nature of her request that businesses move back to stricter guidelines for controlling the spread of the virus.
Though the governor has said he feared moving back to phase one would put small business owners into financial ruin, the mayor said she was never ordering businesses to close.
"It was a very pleasant and cordial conversation," Bottoms said of her chat with Kemp — which she first mentioned to Jimmy Fallon on the "Tonight Show," saying they had just finished talking.
"We will see if we can work out some terms that we can share publicly and not have this play out in court," Bottoms said at the press conference. "It's always better if when we can get along —as a city and as a state."
The AG declined to comment on the mediation order.
Barwick did not set a time for the mediation, except that it must be before the hearing on the governor's motion for emergency interlocutory injunction against the mayor and the Atlanta City Council to block them from enforcing a mask mandate or other guidelines that are more or less restrictive than his orders for managing the coronavirus disease crisis.
That hearing is still set for Tuesday at 10 a.m.—one week after the first hearing didn't happen because the governor's lawyers asked the judge to recuse.
That was one day and three judges ago.
Judge Kelly Lee Ellerbe abruptly canceled a hearing that was set for 11 a.m. Tuesday and signed an emergency recusal order removing herself from the case by request from the office of Attorney General Chris Carr, the governor's top lawyer.
"Judge Ellerbe notified all of the parties that she spoke with an appellate judge to talk about a prior opinion that she felt may have some bearing on the issues in this case. Judge Ellerbe became concerned about having had this discussion, and she immediately notified the parties. Our office appreciates Judge Ellerbe's transparency and professionalism," Carr's communications director said Tuesday.
The mayor's counsel, Michael Terry of Bondurant Mixson & Elmore, did not have a problem with the judge continuing. But Deputy Attorney General Julie Adams Jacobs asked the judge to recuse in an email. "This particular case has drawn significant attention at the state and national level, and therefore, we believe for all parties concerned, that even any potential perception of impropriety could be problematic," Jacobs said. "Accordingly, we would request your recusal. We would also ask that this case be assigned to the presiding judge to maintain the emergency status of the pending motions."
The case was reassigned to Judge Shawn Ellen LaGrua. But then LaGrua recused, too—mainly because she's up for a promotion from the governor. LaGrua is on the shortlist the Judicial Nominating Commission has sent Kemp for filling the vacancy on the Georgia Supreme Court created by the upcoming resignation of Justice Keith Blackwell, who has said he will leave in November.
"The mediation can take place via videoconference," Barwick said. That will allow the lawyers for the governor and the mayor to avoid having to wear masks—which are required for entrance into the courthouse.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllUS Judge Rejects Morgan Stanley Reconsideration Bid in Deferred Compensation Litigation
Transgender Woman Awarded $150K Default Judgment Against Corrections Officer for Alleged Assault
Legal Speak: A Convicted Felon is Coming to the White House. What Happens Now?
1 minute readAT&T General Counsel Joins ADM Board as Company Reels From Accounting Scandal
Law Firms Mentioned
Trending Stories
- 1Infant Formula Judge Sanctions Kirkland's Jim Hurst: 'Overtly Crossed the Lines'
- 2Trump's Return to the White House: The Legal Industry Reacts
- 3Election 2024: Nationwide Judicial Races and Ballot Measures to Watch
- 4Climate Disputes, International Arbitration, and State Court Limitations for Global Issues
- 5Judicial Face-Off: Navigating the Ethical and Efficient Use of AI in Legal Practice [CLE Pending]
- 6How Much Does the Frequency of Retirement Withdrawals Matter?
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250