Lawyers’ inaction prompts judge’s directive

A federal judge says she is puzzled by the lack of progress to settle one of the lawsuits involving Community First Bank and its former CEO, Fred Shepherd.  Judge Mary Geiger Lewis late last month directed the attorneys to conduct mediation in Shepherd’s suit alleging breach of contract.  A year ago Lewis ordered that mediation, the process of a third party’s attempt to settle a dispute between two other parties, be completed by August 8 of this year.    In a new directive, Lewis said, “Counsel recently notified the Court they failed to conduct mediation because they believed the mediation requirement was on hold pending the Court’s ruling on several motions.  The Court is puzzled by counsel’s position.  Furthermore, counsel neglected to request an extension of time to complete mediation. In light of counsel’s failure to conduct mediation within the time provided by the scheduling order (10), or request an extension of time in which to so, the Court hereby directs counsel to conduct mediation no later than Wednesday, November 30, 2016.  Only under the most extraordinary of circumstances will any extensions be granted.”  At the heart of Shepherd’s ccourt filing against his former employer is what’s called a salary continuation plan, which Shepherd claims was stopped six months after he retired in January 2015.