4. In Avista Mgmt., Inc. v. Wausau Underwriters Ins. Co., 2006 WL 1562246 (M.D. Fl.

2006), the parties could not agree on where to hold a deposition and sought the court’s intervention. In response, the judge ordered the parties to meet on the front steps of the courthouse and to “engage in one (1) game of ‘rock, paper, scissors.’ ” The winner would select the deposition’s location and the loser could appeal the decision to the court. Was it appropriate to use a children’s game to resolve the parties’ disagreement? What if the court had ordered the parties to draw lots? See Brown, Casting Lots: The Illusion of Justice and Accountability in Property Allocation, 53 Buff. L. Rev. 65 (2005).