In re Bouchard Transportation Co. v. Florida Department of Environmental Protection
Court of Appeals for the Eleventh Circuit
1Per curiam
The Florida Department of Environmental Protection (“DEP”) appeals the district court’s order overruling its objection to court-ordered mediation with the vessel owners who filed these consolidated limitation actions. The district court either declined to rule or deferred ruling on various motions in which DEP argued it was entitled to Eleventh Amendment immunity, and ordered DEP to mediate. We conclude that the district court erred in ordering DEP to mediate without first addressing the Eleventh Amendment issue.
*1447I. Background
On August 10, 1995, two tug-barge flotillas and a freighter were…
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