Preview
Filing# 136897692 E-Filed 10/20/2021 09:52:16 AM
IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
JESUS VILLEDA AND JHANETH VILLEDA,
Plaintiffs,
V
CASE NO.: CACE-19-021344
CITIZENS PROPERTY INSURANCE
CORPORATION,
Defendant.
i
DEFENDANT'S MOTION TO COMPEL MEDIATION
COMES NOW the Defendant, CITIZENS PROPERTY INSURANCE CORPORATION
("Defendant" or "Citizens"),by and through the undersigned counsel, and pursuant to the
applicableFlorida Rules of Civil Procedure, hereby files this Motion to Compel Mediation, and in
support thereof states as follows:
1.
This is a Breach of Contract action for property damages allegedlycovered by insurance
policyissued by Citizens.
2.
This case is currentlyset for a calendar call on December 17, 2021. See Order Setting
Trial attached as Exhibitk. Pursuant to the terms ofthe Order SettingTrial,paragraphXIII states
that mediation must commence no later than sixty(60)days priorto Calendar Call.
3
The undersigned has sent several email to Plaintiff's Counsel providing dates and a
mediator in an effort to comply with the Court Order's settingTrial. However, Plaintiff's counsel
has been unresponsiveto schedule the mediation. See e-mail correspondenceattached Exhibit B.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 10/20/2021 09:52:15 AM.****
4.
Due to the circumstances within this motion, undersigned counsel should be granted
additional relief by way of reasonable attorney'sfees and costs associated with the filingof this
motion.
5.
Citizens would like to comply with Court's order requiringmediation priorto calendar call.
Therefore, the Defendant would respectfullyrequest that this Honorable Court command the
Plaintiffs and their counsel to participate
in the Court Ordered Mediation.
6.
The instant Motion has not been broughtfor the purpose of delay,nor to prejudice.
WHEREFORE, Defendant, CITIZENS PROPERTY INSURANCE CORPORATION,
respectfully
requests that this Honorable Court grant Defendant's Motion to Compel Mediation,
and enter an Order compelling the partiesto coordinate mediation to take placewithin forty(45)
days and award such other reliefthat is deemed justand proper under the circumstances, including,
but not limited to, an award of attorney'sfees and costs for having to file said Motion to Compel
Mediation.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy ofthe foregoinghas been provided
via electronic correspondence to: Idelys Martinez, Esq. at im@yourinsuranceattorney.com
eservice@mellawyers.com on this 202 day of October, 2021.
RUBINTON SIMMS, P.A.
3440 Hollywood Blvd, Suite 460
Hollywood, Florida 33021
Telephone:
954-251-5500
Fax:
954-251-5501
By: /s/ Jessica Tome
JEFFREY A. RUBINTON, ESQ.
Florida Ban 821756
JESSICA TOME, ESQ.
Florida Ban 1028045
Primary E-Mail: jtome@rubintonlaw.corn
Secondary Email: jferrari@rubintonlaw.com
2
Filing# 128174289 E-Filed 06/05/2021 10:15:22 PM
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
CASE NO.. CACE19021344
DIVISION:
08
JUDGE: Haimes, David A. (08)
Jesus Villeda, et al
UNIFORM TRIAL ORDER
Seventeenth Judicial Circuit
ORDER FOR MANDATORY
CALENDAR CALL
Plaintiff(s)
/ Petitioner(s),
V
Citizens Property Insurance Corporation
Defendant(s)/ Respondent (s).
'
UNIFORM TRIAL ORDER
THE UNIFORM TRIAL DATE LISTED HEREIN IS A FIRM TRIAL DATE AND DEADLINES
WILL BE STRICTLY ENFORCED BY THE COURT. STRICT COMPLIANCE MEANS NO
CONTINUANCES OR EXTENSIONS WILL BE GRANTED WITHOUT COURT ORDER UPON
WRITTEN MOTION SETTING FORTH GOOD CAUSE, PURSUANT TO AOSC20-23,
AMENDMENT 13 (May 6,2021), AND FLA. R. GEN. PRAC. & JUD. ADMIN. 2.545(e).
FAILURE TO ATTEND CALENDAR CALL MAY RESULT IN EITHER
THIS CASE BEING DISMISSED OR A DEFAULT BEING ENTERED.
TRIAL PERIOD COMMENCING: 01-04-2022 to 01-21-2022P This is a( 3 )week calendar.
12-17-2021 at 9:30 AM
CALENDAR CALL:
3
DAYS
X JURY
NON-JURY
1
EXHIBIT "A"
I.
ORDER OF TRIALS:
The order of trials set duringthis Trial Period will be determined at Calendar Call. Parties are
subjectto being called to commence trial duringany portionof the above noted Trial Period.
II.
TRIAL DATE:
The Court has determined this case is ready for trial pursuant to Florida Rule of Civil Procedure
1.440. This case is set for trial before the undersigned Judge in Courtroom
EiRZI16
County Courthouse, 201 S.E. 6th Street,Fort Lauderdale, Florida,33301, as stated above. The
trial date is a firm trial date pursuant to AOSC20-23, Amendment 13 (May 6, 2021).
III.
CIVIL TRIAL POOL:
Parties are advised that this case may be placedinto the Seventeenth Judicial Circuit Court's
"Civil Trial Pool" and is subjectto being called for trial before anyjudge. Ifplacedin the Civil
Trial Pool, parties must be prepared to proceed to trial if called. Only the Division Judge
or the Administrative Judge of the Seventeenth Judicial Circuit Court's Civil Division may
grant a continuance of any case placed in the Civil Trial Pool.
IV.
WITNESS LISTS:
A. NO LATER THAN ONE HUNDRED & TWENTY (120) DAYS PRIOR TO
CALENDAR CALL:
Fact Witnesses: Parties must file and serve a list of names and addresses of all fact
witnesses who are expectedto testifyat trial. Each party's fact witness list must include a
brief descriptionof the substance and scope of the testimony to be elicited from such
witness. Both sides must cooperate in the schedulingof such witness depositions.
B. NO LATER THAN NINETY (90) DAYS PRIOR TO CALENDAR CALL:
Expert Witnesses:
i.
At the time of disclosure of all expert witnesses,the partiesshall file and serve
the names and addresses of all expert witnesses to be called at trial,including
their complete and updated curriculum vitae,and all information regarding
expert testimony that is requiredby Fla. R. Civ. P. 1.28(b)(5).
Parties shall
furnish opposing counsel with two (2) alternative dates of availability
of all
expert witnesses for the purpose of takingtheir deposition.Both partiesshall
cooperate in the schedulingof expert depositions.
ii.
The partiesshall also provideanswers to standard form expert interrogatories
pursuant to Fla.R.Civ.P. 1.280(b)(5).
All reports or other data compiled by each
disclosed expert which is intended to be used by the expert and/or referred to
during his/her depositiontestimony shall be provided electronically
to the
opposing party at least 72 hours priorto the date of the scheduled deposition.
C. NO LATER THAN SIXTY (60) DAYS PRIOR TO CALENDAR CALL:
Rebuttal Witnesses: Parties must file and serve a list ofnames and addresses of any rebuttal
witnesses within sixty(60)days.
V.
COMPULSORY MEDICAL EVALUATIONS r"
(' CME"):
A. NO LATER THAN NINETY (90) DAYS PRIOR TO CALENDAR CALL:
All CME and other examinations pursuant to Florida Rule of Civil Procedure 1.360 must
be completed no later than ninety(90)days priorto Calendar Call.
2
VI.
DISCOVERY DEADLINES:
A. NO LATER THAN SIXTY-FIVE (65)DAYS PRIOR TO CALENDAR CALL:
All final discoverymust have been initiated at least sixty-five(65) days priorto Calendar
Call.
B. NO LATER THAN THIRTY (30)DAYS PRIOR TO CALENDAR CALL:
Parties must completeall discovery,includingexpert discoveryin accordance with Florida
Rule of Civil Procedure 1.280(b)(5),
at least thirty(30)days priorto Calendar Call.
Discovery conducted after this time periodis stronglydisfavored and will only be permitted
by order of the Court under exceptionalcircumstances.
C. ELECTRONICALLY
STORED INFORMATION (ESI) DISCOVERY: ESI
discoveryproceduresare governed by Seventeenth Judicial Circuit Administrative Order
2021-20-Gen,
a
copy
of
which
is
available
on
the
Circuit's
webpage
(www. 17th.flcourts.org).
VII.
MOTIONS:
A. NO LATER THAN SEVENTY-FIVE (75)DAYS PRIOR TO CALENDAR CALL:
1.
Motions to add a party or partiesor to amend pleadingsshall be filed and set for hearing
no later than seventy-five(75) days before Calendar Call absent good cause shown. The
deadline shall not conflict with Florida Rule of Civil Procedure 1.190(e),and the motion
may be denied if there has been undue delay,bad faith,prejudiceto the opposing side,
dilatory
motive on the part of the moving party or when the amendment would be futile.
B. NO LATER THAN FORTY-FIVE (45)DAYS PRIOR TO CALENDAR CALL:
1.
DispositiveMotions: must be filed and heard no later than forty-five
(45)days before
Calendar Call.
2.
Deposition Objections:objectionsraised in depositionsexpected to be introduced at
trial must be filed and heard no later than forty-five
(45)days before Calendar Call.
,,
3.
Expert Challenges:motions challengingan expert witness ("ExpertChallenges"),
must
be filed and heard no later than forty-five
(45)days before Calendar Call.
C. NO LATER THAN THIRTY (30)DAYS PRIOR TO CALENDAR CALL:
1.
Motions in Limine: must be filed and heard no later than thirty(30) days priorto
Calendar Call.
2.
All motions, other than motions in limine,not heard before Calendar Call will be
deemed abandoned.
D. PRIOR TO CALENDAR CALL:
1.
Motions for Summary Judgment: must be filed and heard prior to Calendar Call.
Motions for summary judgment will not be heard at Calendar Call.
VIII.
JOINT PRETRIAL STIPULATION:
A. NO LATER THAN TEN (10)DAYS PRIOR TO CALENDAR CALL:
1.
The Joint Pretrial Stipulationcontemplatesa singledocument that must be filed and
served,with a courtesy copy served on the undersigned judge, no later than ten (10)
days priorto Calendar Call.
2.
The Joint Pretrial Stipulationrequiresthat all agreedmatters be fullyidentified and any
disputedmatters be specifically
delineated with respect to each party.
3
3.
At the time of the above noticed Calendar Call,all partiesmust be preparedto discuss
all items set forth in Florida Rule of Civil Procedure 1.200(b).
B. The Joint Pretrial Stipulationmust contain the following in separately numbered
paragraphs:
1.
Statement of the Facts: A concise,impartialstatement of the facts of the case.
2.
StipulatedFacts: A listofthose facts that can be stipulated
and requireno proof at trial.
3.
Statement of Disputed Law & Fact: A concise,impartialstatement of those issues of
law and fact that are to be tried.
4.
Exhibit Lists: Each party must separatelylist all exhibits they intend to introduce into
evidence. Each item must be listed by number and descriptionon a separate schedule
attached to the Joint Pretrial Stipulation.Each exhibit must be specifically
described.
Generic descriptionsof exhibits are subject to being stricken. If any party objects
to the introduction of any such exhibit,such objectionmust be stated in the Joint
Pretrial Stipulation,settingforth the grounds with specificity.
All exhibits must have
been made available to all partiesfor examination. Parties must initial each other's
exhibit lists and exhibits. At trial,only those exhibits properly listed and initialed
may be offered into evidence.
5.
Demonstrative Exhibits: all demonstrative exhibits (e.g.,charts,graphs,enlargements
of exhibits,etc.)intended to be used at a jury trial must be displayedto all partiesat
least ten (10)days before trial.
6.
Witness Lists: Parties must furnish a written list containingthe names and addresses of
all witnesses intended to be called at trial in alphabetical
order. Such list must designate
the type of witness ("expert,"
"rebuttal,""impeachment," or otherwise)and must be
attached to the Joint Pretrial Stipulation.All fact witness lists must include a brief
descriptionof the substance and scope of the testimony to be elicited from such
witness. All expert witness lists must designate the expert's specialties.If any party
objectsto any witness,such objectionmust be stated in the Joint Pretrial Stipulation,
setting
forth the groundswith specificity.
At trial,only those witnesses properly and
timely disclosed will be permitted to testify.
7.
Jury Instructions: If the trial is a jury trial,the partiesmust identifyall agreed upon
standard instructions and all specialinstructions.
Copies of all agreed upon jury
instructions and disputedjury instructions must be attached to the Joint Pretrial
Stipulationidentifyingthe party that proposed the instruction,along with copies of
supportingstatutory citations and/or case law.
8.
Verdict Forms: If the trial is a jury trial,the jury verdict form must be designatedas
"agreed to" or "disputed"and must be attached to the Joint Pretrial Stipulation.
9.
Peremptory Challenges:If the trial is a jury trial,
the number of peremptory challenges
for each party must be stated and attached to the Joint Pretrial Stipulation.
10. Pending Motions: Parties must set forth a list of all pending motions with copies
attached to the Joint Pretrial Stipulation.
11. Trial Estimate: Each party must providean estimate ofthe number oftrial days required
for presentingits side of the case.
12. Expert Challenges:All expert related issues involvingany requests for hearingson
related evidence must be noticed and heard-or agreedto by the parties-no later than
forty-five(45) days prior to Calendar Call.
FAILURE TO DO SO MAY
4
CONSTITUTE A WAIVER OF ANY EXPERT RELATED EVIDENCE ISSUE(S).
It is within the discretion of the Court to remove any case with pending expert issues.
IX.
COURT POLICIES:
A. Parties must do all thingsreasonable and necessary to assure the availability
of witnesses
for the entire Trial Period or to otherwise preserve witness testimonyfor trial as provided
by the Florida Rules of Civil Procedure. See Fla. R. Civ. P. 1.300 & 1.460; see also Fla.
R. Gen. Prac. & Jud. Admin. 2.545.
B. The requirementsofthis Uniform Trial Order cannot be waived by stipulation
absent prior
approval from the Court pursuant to written agreement between the parties.
C. This Uniform Trial Order may be tailored by the assignedDivision Judge to conform to
the particular
requirementsof the residential foreclosure and complex litigation
divisions.
D. At trial,there will only be one (1) official record transcribed by one (1)court reporter.
Plaintiff is responsiblefor arranging for a court reporter unless otherwise agreed. If a
conflict exists,the partiesmust resolve it among themselves priorto Calendar Call.
X.
CONTINUANCES:
No continuances will be granted without Court Order upon written motion settingforth
good cause pursuant to AOSC20-23, Amendment 13 (May 6, 2021), and Fla. R. Gen.
Prac. & Jud. Admin. 2.545(e). All motions seeking a continuance must comply with Fla.
R. Civ. P. 1.460 and Fla. R. Gen. Prac. & Jud. Adm. 2.545. Continuances requested for
reasons relatingto failure to follow this Order will not be granted.
A. CONTINUANCES will only be considered upon written motion filed with the Clerk
of Court and served on the undersignedjudge priorto the above noticed Calendar Call.
B. NO CONTINUANCES will be granted for reasons that should have been readily
apparent to the partieswhen this Uniform Trial Order was issued.
C. NO CONTINUANCES will be granted if expert witnesses are unavailable because
testimonymay be preservedby deposition.
D. NO CONTINUANCES will be grantedfor reasons relating
to the failure to follow this
Uniform Trial Order.
XI.
MANDATORY MEDIATION:
Mediation must commence no later than sixty(60)days priorto Calendar Call. The parties
must comply with Florida Rules of Civil Procedure 1.700, 1.710, 1.720, and 1.730 as to the
conduct of mediation. Plaintiff's counsel is appointedlead counsel to facilitate and schedule
the settlement conference with the mediator and all parties.The Court appoints:
WHOMEVER THE PARTIES AGREE UPON
as Mediator, unless,within thirty(30) days of this Uniform Trial Order, the partieschoose a
different Mediator. Failure to attend mediation may result in sanctions.
XII.
SANCTIONS:
A. All partiesshould be familiar with Florida Rule of Civil Procedure 1.380 entitled "Failure
to Make Discovery;Sanctions" and section 57.105, Florida Statutes,entitled "Attorney's
5
fee;sanctions for raisingunsupported claims or defenses; exceptions;service of motions;
damages for delayof litigation."
B. FAILURE TO APPEAR, FAILURE TO FOLLOW TIME REQUIREMENTS, OR
FAILURE TO FILE DOCUMENTS REQUIRED BY THIS COURT MAY RESULT IN
THE DISMISSAL OF THE ACTION OR THE IMPOSITION OF SANCTIONS
INCLUDING THE STRIKING OF PLEADINGS.
XIII.
SETTLEMENT NOTIFICATION:
Parties must immediately notifythe Court in the event of settlement and submit a stipulation
for an Order of Dismissal. Parties shall also cancel any and all pending hearingsas a result of
the settlement.
Pursuant to Florida Rule of General Practice and Judicial Administration 2.516(h)(1),
counsel must file this Uniform Trial Order with the Clerk of Court, serve any self-
represented parties with this Uniform Trial Order, and file a "Certificate of Service" with
the Clerk of Court, in compliance with Florida Rule of General Practice and Judicial
Administration 2.516(f),certifyingthe self-representedparty was served with this Uniform
Trial Order.
DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida on
---
06-05-2021
L-N--
---
CACE19021344 06-05-2021 10:05 PN
Circuit Court Judge
If you are a person with a disability
who needs any accommodation in order to
participatein this proceeding, you are entitled, at no cost to you, to the
provision of certain assistance. Please contact the ADA Coordinator, Room
20140, 201 S.E. Sixth Street,Fort Lauderdale, Florida 33301, 954-831-7721 at
least 7 days before your scheduled court appearance, or immediately upon
receivingthis notification if the time before the scheduled appearance is less
Page 2 of2 than 7 days.Ifyou have a hearing or voice disability
you can contact
the court through the Florida Relay Service by calling711.
6
CC
Jesus Rodo fo Goatache, Emai : Jgoatache@rubintonlaw.corn
Jesus Rodo fo Goatache, Emai : Mhurtado@rubintonlaw.corn
Jesus Rodo fo Goatache, Emai : eservice@rubintonlaw.corn
Kaneily Valdes, Email : yial @yourinsuranceattorney.com
Vida Momkus Jasaitis, Emai : Vjasaitis@rubintonlaw.corn
Vida Momkus Jasaitis,Emai : VPrzewoznik@rubintonlaw.com
Vida Momkus Jasaitis, Emai : eservice@rubintonlaw.com
Your Insurance Attorney Esq., Email : Eservice@mellawyers.com
Your Insurance Attorney Esq., Email : YIA7@yourinsuranceattorney.com
Jillian Ferrari
From:
Jillian Ferrari
Sent
Wednesday, October 20, 2021 8:56 AM
To:
IdelysMartinez; Teresa Provenzano
CC:
Jessica Tome
Subject:
RE: Jesus Villeda and Jhaneth Villeda v. Citizens Property Insurance Corporation; Claim
no. 001-00-211715
Good morning,
I am following up with attempting to schedule mediation in this matter. Please advise your availabilityon the below
dates provided by LEO Mediations so we may get this coordinated. Thank you.
Oct 22
Nov 1, 9, 11, 12 and 16
Sincerely,
JillianFerrari
Legal Assistant to Jessica Tome, Esq.
Rubinton Simms, PA
3440 Hollywood Blvd, Suite 460
Hollywood, FL 33021
T- (954) 251-5500
F- (954) 251-5501
www.RubintonLaw.com
RUBINTON SIMMS, PA
ATTORNEYS AT L .A W
Attention: The information contained in this E-mail message is privileged and confidential information intended only for the use of
the individual(s) named above. If the reader of this message is not the intended recipient, you are hereby notified that any
dissemination, distribution or copy of this communication is strictlyprohibited. If you have received this communication in error,
please contact the sender by reply E-mail and destroy all copies of the originalmessage. Thank you
From: JIllian Ferrari
Sent: Monday, October 18, 2021 10:09 AM
To: IdelysMartinez
Cc: Jessica Tome
Subject: Jesus Villeda and Jhaneth Villeda v. Citizens Property Insurance Corporation; Claim no. 001-00-211715
Importance: High
Good morning Ms. Martinez,
I am reaching out to follow up on scheduling mediation in this case. It is supposed to be scheduled by today, as per the
trial order. Please advise your availability
on the dates below provided by LEO Mediations. Thank you!
Oct 22
Nov 1, 9, 11, 12 and 16
1
EXHIBIT "B"
Sincerely,
JillianFerrari
Legal Assistant to JessicaTome, Esq.
Rubinton Simms, PA
3440 Hollywood Blvd, Suite 460
Hollywood, FL 33021
T- (954) 251-5500
F- (954) 251-5501
www.RubintonLaw.com
RUBINTON SIMMS, PA
ATTORNEY'5 AT LA V,
Attention: The information contained in this E-mail message is privileged and confidential information intended only for the use of
the individual(s) named above. If the reader of this message is not the intended recipient, you are hereby notified that any
dissemination, distribution or copy of this communication is strictlyprohibited. If you have received this communication in error,
please contact the sender by reply E-mail and destroy all copies of the original message. Thank you
2
Jillian Ferrari
From:
Jessica Tome
Sent
Friday,October 1 5, 2021 1:51 PM
To:
KaneilyA. Valdes
CC:
Teresa Provenzano; Jillian Ferrari;IdelysMartinez
Subject:
RE: 2207-034 Jesus Villeda v. Citizens Property Ins. Corp (Kitchen Sink SP)
Follow Up Flag:
Follow up
Flag Status:
Completed
Thank you, 1
Cc: Teresa Provenzano ; JIllian Ferrari ; Idelys Martinez
Subject: Re: 2207-034 Jesus Villeda v. Citizens Property Ins. Corp (Kitchen Sink SP)
Hi Jessica,
Moving forward, my colleagueIdelysMartinez will be the handling attorney. I will forward your email to
them.
KindRe@rds.
KiUiei4 A.VWdes, Esg.
Your Insurance Attorney, PLLC.
2601 South Bayshore Drive 180'Floor
Coconut Grove, FL 33133
Phone No.: 1-888-570-3677
Direct: 3()5-424-2743
Fax: 1-888-745-5677
Website: vvkvvv.yourinsur:uicea{.tgrllgk.?cilul
E-mail: Kvaldes@vourinsuranceattorney.com
1
NOTICE: The information in this e-mail is confidential and may contain information that is attorney-client
privilegedor exempt from disclosure. It is intended only for the use of the individual(s)
or entity(ies)
to whom
it is addressed. Ifyou are not an intended recipient,
you are hereby notified that any use, dissemination,
distribution or copying of this communication is strictly
prohibited.Anyone who receives this message in error
should notifythe sender immediately by telephone or by return e-mail and delete the entire message (and any
attachments)from their computer. Any opinionsor advice contained in this email shall be subjectto the terms
and conditions set forth in the governing Your Insurance Attorney,client engagement agreement. Thank you.
IRS Circular 230 Disclosure: Please note that the views expressed herein or in any attachments hereto are not
intended to constitute a ttreliance opinion"under applicableTreasury Regulations,and accordinglyare not
intended or written to be used, and may not be used or relied upon, for the purpose of (i)avoidingtax-related
penaltiesthat may be imposed by the Internal Revenue Service, or (ii)promoting,marketingor recommending
to another party any tax-related matters addressed herein.
From: Jessica Tome
Sent: Friday,October 15, 2021 1:46:14 PM
To: Kaneily A. Valdes
Cc: Teresa Provenzano ; JIllian Ferrari
Subject: FW: 2207-034 Jesus Villeda v. Citizens Property Ins. Corp (Kitchen Sink SP)
Hi Kaneily,
We just realized that this is your file and not David's. although, we had sent emails to Teresa, but no response. We are
trying o schedule the mediation in this case per trial order. We reached out to several mediators but we could not find
anyone in the next two months, I am assuming is because there a lot of trials getting set. The deadline to schedule
mediation is supposed to be on 10/17.
We found this mediation place online, is LEO Mediations, LLC. We have never used before but it's the only one we got
availabilityfrom.
Here are the dates given to us.
Oct 22
Nov 1, 9, 11, 12 and 16
Please let me know which date works for your office to get this scheduled asap.
Thank you
Jessica Tom@, Esq.
Associate Attorney
Rubinton Simms, PA
3440 Hollywood Boulevard, Suite 460
Hollywood, Florida 33021
(954) 251-5500
Fax (954) 251-5501
itome@rubintonlaw.com
2
RUBINTON SIMMS, PA
ATTORNEYS AT LAW
Attention: The information contained in this E-
mail message is privileged and confidential information intended only forthe use of the
individual(s) named above. If the readerof this message is not the intended recipient, you are hereby notified that any dissemination,
distribution or copy of this communication is strictlyprohibited. If you have received this communication in error, please contact the
sender by reply E-mail and destroy all copies of the originalmessage. Thank you.
From: Jillian Ferrari
Sent: Thursday, October 14, 2021 11:39 AM
To: David F. Garcia ; Teresa Provenzano
Cc: Jessica Tome
Subject: RE: 2207-034 Jesus Villeda v. Citizens Property Ins. Corp (Kitchen Sink SP)
Importance: High
Good morning,
Please see below email in reference to scheduling mediation in this matter. Please advise your availabilityon the dates
provided. Thank you.
Sincerely,
JillianFerrari
Legal Assistant to JessicaTome, Esq.
Rubinton Simms, PA
3440 Hollywood Blvd, Suite 460
Hollywood, FL 33021
T- (954) 251-5500
F- (954) 251-5501
www.RubintonLaw.com
RUBINTON SIMMS, PA
ATTORNEY'S AT L A. W
Attention: The information contained in this E-mail message is privileged and confidential information intended only for the use of
the individual(s) named above. If the reader of this message is not the intended recipient, you are hereby notified that any
dissemination, distribution or copy of this communication is strictlyprohibited. If you have received this communication in error,
please contact the sender by reply E-mail and destroy all copies of the original message. Thank you
From: Jessica Tome
Sent: Wednesday, October 13, 20214:22 PM
To: David F. Garcia ; Teresa Provenzano
Cc: JIllian Ferrari
Subject: RE: 2207-034 Jesus Villeda v. Citizens Property Ins. Corp (Kitchen Sink SP)
Hello,
3
We just found one mediator available before calendar call. His name is Casimir (Cass)Maliszewski. His company is LEO
Mediations, LLC. We have never used before but it's the only one we got availability
from.
Here are the dates given to us.
Oct 22
Nov 1, 9, 11, 12 and 16
Please let me know which date works for your office.
Jessica Tom6, Esq.
Associate Attorney
Rubinton Simms, PA
3440 Hollywood Boulevard, Suite 460
Hollywood, Florida 33021
(954) 251-5500
Fax (954) 251-5501
itome@rubintonlaw.com
RUBINTON SIMMS, PA
ATTORNEYS AT LAW
Attention: The information contained in this E-
mail message is privileged and confidential information intended only forthe use of the
individual{s) named above. Ifthe readerof this message is not the intended recipient, you are hereby notified that any dissemination,
distribution or copy of this communication is strictlyprohibited. If you have received this communication in error, please contact the
sender by reply E-mail and destroy all copies of the originalmessage. Thank you.
From: Jessica Tome
Sent: Tuesday, October 12, 2021 5:08 PM
To: David F. Garcia ; Teresa Provenzano
Cc: Jillian Ferrari
Subject: 2207-034 Jesus Villeda v. Citizens Property Ins. Corp (Kitchen Sink SP)
Hi David,
I just realized that we are supposed to have mediation 60 days prior to calendar call and that is October 17 which is in 5
days. Please let have our legal assistants jump on this right away to get it scheduled.
Thank you
Jessica Tomt Esq.
Associate Attorney
Rubinton Simms, PA
3440 Hollywood Boulevard, Suite 460
Hollywood, Florida 33021
(954) 251-5500
Fax (954) 251-5501
itome@rubintonlaw.com
4
RUBINTON SIMMS, PA
ATTORNEYS AT LAW
Attention: The information contained in this E-
mail message is privileged and confidential information intended only forthe use of the
individual(s) named above. Ifthe reader of this message is not the intended recipient, you are hereby notified that any dissemination,
distribution or copy of this communication is strictlyprohibited. If you have received this communication in error, please contact the
sender by reply E-mail and destroy all copies of the original message. Thank you.
5
JIllian Ferrari
From:
Jillian Ferrari
Sent:
Wednesday, October 13, 2021 3:11 PM
To:
'yial@yourinsuranceattorney.com';'DFG@yourinsuranceattorney.com'
CC:
Jessica Tome
Subject:
RE: 2207-034 Jesus Villeda v. Citizens Property Ins. Corp (Kitchen Sink SP)
Good afternoon,
I am following up on the below emails in reference to scheduling mediation in this case. Please advise if there is another
assistant/someone else I should be reaching out to in order to coordinate this. Thank you so much.
Sincerely,
IillianFerrari
Legal Assistant to JessicaTome, Esq.
Rubinton Simms, PA
3440 Hollywood Blvd, Suite 460
Hollywood, FL 33021
T- (954) 251-5500
F- (954) 251-5501
www.RubintonLaw.com
RUBINTON SIMMS, PA
ATTORNEYS AT LA. W
Attention: The information contained in this E-mail message is privilegedand confidential information intended only for the use of
the individual(s) named above. Ifthe reader of this message is not the intended recipient, you are hereby notified that any
dissemination, distribution or copy of this communication is strictlyprohibited. If you have received this communication in error,
please contact the sender by reply E-mail and destroy all copies of the original message. Thank you
From: JIllian Ferrari
Sent: Wednesday, October 13, 2021 1:53 PM
To: Teresa Provenzano
Cc: Jessica Tome ; DFG@yourinsuranceattorney.com
Subject: RE: 2207-034 Jesus Villeda v. Citizens Property Ins. Corp (Kitchen Sink SP)
Good afternoon Teresa,
I am reaching out to follow up on the below email regarding mediation. Please advise what mediators your office
approves of, so we may begin scheduling this. Thank you!
Florida Mediation Group
Rusty Perez
Frank Allocca
Biscayne Mediation
Peter Abraham
1
K&A
Eric Kleinman
Markel Arrizabalaga
ATD
Daniel Feld
Laura Bonn
Cindy Hannah
Kaskv Mediation
Jeffery Kasky
Nexxus Mediation
Brian Reeves
Flavman Mediation
Robert Flayman
Sincerely,
JillianFerrari
Legal Assistant to JessicaTome, Esq.
Rubinton Simms, PA
3440 Hollywood Blvd, Suite 460
Hollywood, FL 33021
T- (954) 251-5500
F- (954) 251-5501
www.RubintonLaw.com
RUBINTON SIMMS, PA
ATTORNEYS AT L A Vv
Attention: The information contained in this E-mail message is privileged and confidential information intended only forthe use of
the individual(s) named above. Ifthe reader of this message is not the intended recipient, you are hereby notified that any
dissemination, distribution or copy of this communication is strictlyprohibited. If you have received this communication in error,
please contact the sender by reply E-mail and destroy all copies of the original message. Thank you
From: JIllian Ferrari
Sent: Tuesday, October 12, 2021 5:16 PM
To: DFG@yourinsuranceattornev.com; Teresa Provenzano
Cc: Jessica Tome
Subject: FW: 2207-034 Jesus Villeda v. Citizens Property Ins. Corp (Kitchen Sink SP)
Importance: High
Good afternoon Teresa,
As per the below email regarding scheduling mediation as soon as possible, please advise which mediators your office
approves offrom this list. Thank you!
Florida Mediation Group
2
Rusty Perez
Frank Allocca
Biscavne Mediation
Peter Abraham
K&A
Eric Kleinman
Markel Arrizabalaga
ATD
Daniel Feld
Laura Bonn
Cindy Hannah
Kasky Mediation
Jeffery Kasky
Nexxus Mediation
Brian Reeves
Flayman Mediation
Robert Flayman
Sincerely,
JillianFerrari
Legal Assistant to JessicaTome, Esq.
Rubinton Simms, PA
3440 Hollywood Blvd, Suite 460
HolIywood, FL 33021
T- (954) 251-5500
F- (954) 251-5501
www.RubintonLaw.com
RUBINTON SIMMS, PA
ATTORNEYS AT LAW
Attention: The information contained in this E-mail message is privileged and confidential information intended only for the use of
the individual(s) named above. If the reader of thjs message is not the intended recipient, you are hereby notified that any
dissemination, distribution or copy of this communication is strictlyprohibited. If you have received this communication in error,
please contact the sender by reply E-mail and destroy all copies of the originalmessage. Thank you
From: Jessica Tome
Sent: Tuesday, October 12, 2021 5:08 PM
To: David F. Garcia ; Teresa Provenzano
Cc: Jillian Ferrari
Subject: 2207-034 Jesus Villeda v. Citizens Property Ins. Corp (Kitchen Sink SP)
Hi David,
3
I just realized that we are supposed to have mediation 60 days prior to calendar call and that is October 17 which is in 5
days. Please let have our legal assistants jump on this rightaway to get it scheduled.
Thank you
Jessica Tom6, Esq.
Associate Attorney
Rubinton Simms, PA
3440 Hollywood Boulevard, Suite 460
Hollywood, Florida 33021
(954) 251-5500
Fax (954) 251-5501
itome@rubintonlaw.com
RUBINTON SIMMS, PA
ATTORNEyS AT L A W
Attention: The information contained in this E-
mail message is privileged and confidential information intended only for the use of the
individual(s) named above. If the readerof thismessage is not the Fntended recipient, you are hereby notified that any dissemination,
distribution or copy of this communication is strictlyprohibited. If you have received this communication in error, please contact the
sender by reply E-mail and destroy all copies of the originalmessage. Thank you.
4
Preview
Filing# 136897692 E-Filed 10/20/2021 09:52:16 AM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA JESUS VILLEDA AND JHANETH VILLEDA, Plaintiffs, V CASE NO.: CACE-19-021344 CITIZENS PROPERTY INSURANCE CORPORATION, Defendant. i DEFENDANT'S MOTION TO COMPEL MEDIATION COMES NOW the Defendant, CITIZENS PROPERTY INSURANCE CORPORATION ("Defendant" or "Citizens"),by and through the undersigned counsel, and pursuant to the applicableFlorida Rules of Civil Procedure, hereby files this Motion to Compel Mediation, and in support thereof states as follows: 1. This is a Breach of Contract action for property damages allegedlycovered by insurance policyissued by Citizens. 2. This case is currentlyset for a calendar call on December 17, 2021. See Order Setting Trial attached as Exhibitk. Pursuant to the terms ofthe Order SettingTrial,paragraphXIII states that mediation must commence no later than sixty(60)days priorto Calendar Call. 3 The undersigned has sent several email to Plaintiff's Counsel providing dates and a mediator in an effort to comply with the Court Order's settingTrial. However, Plaintiff's counsel has been unresponsiveto schedule the mediation. See e-mail correspondenceattached Exhibit B. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 10/20/2021 09:52:15 AM.**** 4. Due to the circumstances within this motion, undersigned counsel should be granted additional relief by way of reasonable attorney'sfees and costs associated with the filingof this motion. 5. Citizens would like to comply with Court's order requiringmediation priorto calendar call. Therefore, the Defendant would respectfullyrequest that this Honorable Court command the Plaintiffs and their counsel to participate in the Court Ordered Mediation. 6. The instant Motion has not been broughtfor the purpose of delay,nor to prejudice. WHEREFORE, Defendant, CITIZENS PROPERTY INSURANCE CORPORATION, respectfully requests that this Honorable Court grant Defendant's Motion to Compel Mediation, and enter an Order compelling the partiesto coordinate mediation to take placewithin forty(45) days and award such other reliefthat is deemed justand proper under the circumstances, including, but not limited to, an award of attorney'sfees and costs for having to file said Motion to Compel Mediation. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy ofthe foregoinghas been provided via electronic correspondence to: Idelys Martinez, Esq. at im@yourinsuranceattorney.com eservice@mellawyers.com on this 202 day of October, 2021. RUBINTON SIMMS, P.A. 3440 Hollywood Blvd, Suite 460 Hollywood, Florida 33021 Telephone: 954-251-5500 Fax: 954-251-5501 By: /s/ Jessica Tome JEFFREY A. RUBINTON, ESQ. Florida Ban 821756 JESSICA TOME, ESQ. Florida Ban 1028045 Primary E-Mail: jtome@rubintonlaw.corn Secondary Email: jferrari@rubintonlaw.com 2 Filing# 128174289 E-Filed 06/05/2021 10:15:22 PM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.. CACE19021344 DIVISION: 08 JUDGE: Haimes, David A. (08) Jesus Villeda, et al UNIFORM TRIAL ORDER Seventeenth Judicial Circuit ORDER FOR MANDATORY CALENDAR CALL Plaintiff(s) / Petitioner(s), V Citizens Property Insurance Corporation Defendant(s)/ Respondent (s). ' UNIFORM TRIAL ORDER THE UNIFORM TRIAL DATE LISTED HEREIN IS A FIRM TRIAL DATE AND DEADLINES WILL BE STRICTLY ENFORCED BY THE COURT. STRICT COMPLIANCE MEANS NO CONTINUANCES OR EXTENSIONS WILL BE GRANTED WITHOUT COURT ORDER UPON WRITTEN MOTION SETTING FORTH GOOD CAUSE, PURSUANT TO AOSC20-23, AMENDMENT 13 (May 6,2021), AND FLA. R. GEN. PRAC. & JUD. ADMIN. 2.545(e). FAILURE TO ATTEND CALENDAR CALL MAY RESULT IN EITHER THIS CASE BEING DISMISSED OR A DEFAULT BEING ENTERED. TRIAL PERIOD COMMENCING: 01-04-2022 to 01-21-2022P This is a( 3 )week calendar. 12-17-2021 at 9:30 AM CALENDAR CALL: 3 DAYS X JURY NON-JURY 1 EXHIBIT "A" I. ORDER OF TRIALS: The order of trials set duringthis Trial Period will be determined at Calendar Call. Parties are subjectto being called to commence trial duringany portionof the above noted Trial Period. II. TRIAL DATE: The Court has determined this case is ready for trial pursuant to Florida Rule of Civil Procedure 1.440. This case is set for trial before the undersigned Judge in Courtroom EiRZI16 County Courthouse, 201 S.E. 6th Street,Fort Lauderdale, Florida,33301, as stated above. The trial date is a firm trial date pursuant to AOSC20-23, Amendment 13 (May 6, 2021). III. CIVIL TRIAL POOL: Parties are advised that this case may be placedinto the Seventeenth Judicial Circuit Court's "Civil Trial Pool" and is subjectto being called for trial before anyjudge. Ifplacedin the Civil Trial Pool, parties must be prepared to proceed to trial if called. Only the Division Judge or the Administrative Judge of the Seventeenth Judicial Circuit Court's Civil Division may grant a continuance of any case placed in the Civil Trial Pool. IV. WITNESS LISTS: A. NO LATER THAN ONE HUNDRED & TWENTY (120) DAYS PRIOR TO CALENDAR CALL: Fact Witnesses: Parties must file and serve a list of names and addresses of all fact witnesses who are expectedto testifyat trial. Each party's fact witness list must include a brief descriptionof the substance and scope of the testimony to be elicited from such witness. Both sides must cooperate in the schedulingof such witness depositions. B. NO LATER THAN NINETY (90) DAYS PRIOR TO CALENDAR CALL: Expert Witnesses: i. At the time of disclosure of all expert witnesses,the partiesshall file and serve the names and addresses of all expert witnesses to be called at trial,including their complete and updated curriculum vitae,and all information regarding expert testimony that is requiredby Fla. R. Civ. P. 1.28(b)(5). Parties shall furnish opposing counsel with two (2) alternative dates of availability of all expert witnesses for the purpose of takingtheir deposition.Both partiesshall cooperate in the schedulingof expert depositions. ii. The partiesshall also provideanswers to standard form expert interrogatories pursuant to Fla.R.Civ.P. 1.280(b)(5). All reports or other data compiled by each disclosed expert which is intended to be used by the expert and/or referred to during his/her depositiontestimony shall be provided electronically to the opposing party at least 72 hours priorto the date of the scheduled deposition. C. NO LATER THAN SIXTY (60) DAYS PRIOR TO CALENDAR CALL: Rebuttal Witnesses: Parties must file and serve a list ofnames and addresses of any rebuttal witnesses within sixty(60)days. V. COMPULSORY MEDICAL EVALUATIONS r" (' CME"): A. NO LATER THAN NINETY (90) DAYS PRIOR TO CALENDAR CALL: All CME and other examinations pursuant to Florida Rule of Civil Procedure 1.360 must be completed no later than ninety(90)days priorto Calendar Call. 2 VI. DISCOVERY DEADLINES: A. NO LATER THAN SIXTY-FIVE (65)DAYS PRIOR TO CALENDAR CALL: All final discoverymust have been initiated at least sixty-five(65) days priorto Calendar Call. B. NO LATER THAN THIRTY (30)DAYS PRIOR TO CALENDAR CALL: Parties must completeall discovery,includingexpert discoveryin accordance with Florida Rule of Civil Procedure 1.280(b)(5), at least thirty(30)days priorto Calendar Call. Discovery conducted after this time periodis stronglydisfavored and will only be permitted by order of the Court under exceptionalcircumstances. C. ELECTRONICALLY STORED INFORMATION (ESI) DISCOVERY: ESI discoveryproceduresare governed by Seventeenth Judicial Circuit Administrative Order 2021-20-Gen, a copy of which is available on the Circuit's webpage (www. 17th.flcourts.org). VII. MOTIONS: A. NO LATER THAN SEVENTY-FIVE (75)DAYS PRIOR TO CALENDAR CALL: 1. Motions to add a party or partiesor to amend pleadingsshall be filed and set for hearing no later than seventy-five(75) days before Calendar Call absent good cause shown. The deadline shall not conflict with Florida Rule of Civil Procedure 1.190(e),and the motion may be denied if there has been undue delay,bad faith,prejudiceto the opposing side, dilatory motive on the part of the moving party or when the amendment would be futile. B. NO LATER THAN FORTY-FIVE (45)DAYS PRIOR TO CALENDAR CALL: 1. DispositiveMotions: must be filed and heard no later than forty-five (45)days before Calendar Call. 2. Deposition Objections:objectionsraised in depositionsexpected to be introduced at trial must be filed and heard no later than forty-five (45)days before Calendar Call. ,, 3. Expert Challenges:motions challengingan expert witness ("ExpertChallenges"), must be filed and heard no later than forty-five (45)days before Calendar Call. C. NO LATER THAN THIRTY (30)DAYS PRIOR TO CALENDAR CALL: 1. Motions in Limine: must be filed and heard no later than thirty(30) days priorto Calendar Call. 2. All motions, other than motions in limine,not heard before Calendar Call will be deemed abandoned. D. PRIOR TO CALENDAR CALL: 1. Motions for Summary Judgment: must be filed and heard prior to Calendar Call. Motions for summary judgment will not be heard at Calendar Call. VIII. JOINT PRETRIAL STIPULATION: A. NO LATER THAN TEN (10)DAYS PRIOR TO CALENDAR CALL: 1. The Joint Pretrial Stipulationcontemplatesa singledocument that must be filed and served,with a courtesy copy served on the undersigned judge, no later than ten (10) days priorto Calendar Call. 2. The Joint Pretrial Stipulationrequiresthat all agreedmatters be fullyidentified and any disputedmatters be specifically delineated with respect to each party. 3 3. At the time of the above noticed Calendar Call,all partiesmust be preparedto discuss all items set forth in Florida Rule of Civil Procedure 1.200(b). B. The Joint Pretrial Stipulationmust contain the following in separately numbered paragraphs: 1. Statement of the Facts: A concise,impartialstatement of the facts of the case. 2. StipulatedFacts: A listofthose facts that can be stipulated and requireno proof at trial. 3. Statement of Disputed Law & Fact: A concise,impartialstatement of those issues of law and fact that are to be tried. 4. Exhibit Lists: Each party must separatelylist all exhibits they intend to introduce into evidence. Each item must be listed by number and descriptionon a separate schedule attached to the Joint Pretrial Stipulation.Each exhibit must be specifically described. Generic descriptionsof exhibits are subject to being stricken. If any party objects to the introduction of any such exhibit,such objectionmust be stated in the Joint Pretrial Stipulation,settingforth the grounds with specificity. All exhibits must have been made available to all partiesfor examination. Parties must initial each other's exhibit lists and exhibits. At trial,only those exhibits properly listed and initialed may be offered into evidence. 5. Demonstrative Exhibits: all demonstrative exhibits (e.g.,charts,graphs,enlargements of exhibits,etc.)intended to be used at a jury trial must be displayedto all partiesat least ten (10)days before trial. 6. Witness Lists: Parties must furnish a written list containingthe names and addresses of all witnesses intended to be called at trial in alphabetical order. Such list must designate the type of witness ("expert," "rebuttal,""impeachment," or otherwise)and must be attached to the Joint Pretrial Stipulation.All fact witness lists must include a brief descriptionof the substance and scope of the testimony to be elicited from such witness. All expert witness lists must designate the expert's specialties.If any party objectsto any witness,such objectionmust be stated in the Joint Pretrial Stipulation, setting forth the groundswith specificity. At trial,only those witnesses properly and timely disclosed will be permitted to testify. 7. Jury Instructions: If the trial is a jury trial,the partiesmust identifyall agreed upon standard instructions and all specialinstructions. Copies of all agreed upon jury instructions and disputedjury instructions must be attached to the Joint Pretrial Stipulationidentifyingthe party that proposed the instruction,along with copies of supportingstatutory citations and/or case law. 8. Verdict Forms: If the trial is a jury trial,the jury verdict form must be designatedas "agreed to" or "disputed"and must be attached to the Joint Pretrial Stipulation. 9. Peremptory Challenges:If the trial is a jury trial, the number of peremptory challenges for each party must be stated and attached to the Joint Pretrial Stipulation. 10. Pending Motions: Parties must set forth a list of all pending motions with copies attached to the Joint Pretrial Stipulation. 11. Trial Estimate: Each party must providean estimate ofthe number oftrial days required for presentingits side of the case. 12. Expert Challenges:All expert related issues involvingany requests for hearingson related evidence must be noticed and heard-or agreedto by the parties-no later than forty-five(45) days prior to Calendar Call. FAILURE TO DO SO MAY 4 CONSTITUTE A WAIVER OF ANY EXPERT RELATED EVIDENCE ISSUE(S). It is within the discretion of the Court to remove any case with pending expert issues. IX. COURT POLICIES: A. Parties must do all thingsreasonable and necessary to assure the availability of witnesses for the entire Trial Period or to otherwise preserve witness testimonyfor trial as provided by the Florida Rules of Civil Procedure. See Fla. R. Civ. P. 1.300 & 1.460; see also Fla. R. Gen. Prac. & Jud. Admin. 2.545. B. The requirementsofthis Uniform Trial Order cannot be waived by stipulation absent prior approval from the Court pursuant to written agreement between the parties. C. This Uniform Trial Order may be tailored by the assignedDivision Judge to conform to the particular requirementsof the residential foreclosure and complex litigation divisions. D. At trial,there will only be one (1) official record transcribed by one (1)court reporter. Plaintiff is responsiblefor arranging for a court reporter unless otherwise agreed. If a conflict exists,the partiesmust resolve it among themselves priorto Calendar Call. X. CONTINUANCES: No continuances will be granted without Court Order upon written motion settingforth good cause pursuant to AOSC20-23, Amendment 13 (May 6, 2021), and Fla. R. Gen. Prac. & Jud. Admin. 2.545(e). All motions seeking a continuance must comply with Fla. R. Civ. P. 1.460 and Fla. R. Gen. Prac. & Jud. Adm. 2.545. Continuances requested for reasons relatingto failure to follow this Order will not be granted. A. CONTINUANCES will only be considered upon written motion filed with the Clerk of Court and served on the undersignedjudge priorto the above noticed Calendar Call. B. NO CONTINUANCES will be granted for reasons that should have been readily apparent to the partieswhen this Uniform Trial Order was issued. C. NO CONTINUANCES will be granted if expert witnesses are unavailable because testimonymay be preservedby deposition. D. NO CONTINUANCES will be grantedfor reasons relating to the failure to follow this Uniform Trial Order. XI. MANDATORY MEDIATION: Mediation must commence no later than sixty(60)days priorto Calendar Call. The parties must comply with Florida Rules of Civil Procedure 1.700, 1.710, 1.720, and 1.730 as to the conduct of mediation. Plaintiff's counsel is appointedlead counsel to facilitate and schedule the settlement conference with the mediator and all parties.The Court appoints: WHOMEVER THE PARTIES AGREE UPON as Mediator, unless,within thirty(30) days of this Uniform Trial Order, the partieschoose a different Mediator. Failure to attend mediation may result in sanctions. XII. SANCTIONS: A. All partiesshould be familiar with Florida Rule of Civil Procedure 1.380 entitled "Failure to Make Discovery;Sanctions" and section 57.105, Florida Statutes,entitled "Attorney's 5 fee;sanctions for raisingunsupported claims or defenses; exceptions;service of motions; damages for delayof litigation." B. FAILURE TO APPEAR, FAILURE TO FOLLOW TIME REQUIREMENTS, OR FAILURE TO FILE DOCUMENTS REQUIRED BY THIS COURT MAY RESULT IN THE DISMISSAL OF THE ACTION OR THE IMPOSITION OF SANCTIONS INCLUDING THE STRIKING OF PLEADINGS. XIII. SETTLEMENT NOTIFICATION: Parties must immediately notifythe Court in the event of settlement and submit a stipulation for an Order of Dismissal. Parties shall also cancel any and all pending hearingsas a result of the settlement. Pursuant to Florida Rule of General Practice and Judicial Administration 2.516(h)(1), counsel must file this Uniform Trial Order with the Clerk of Court, serve any self- represented parties with this Uniform Trial Order, and file a "Certificate of Service" with the Clerk of Court, in compliance with Florida Rule of General Practice and Judicial Administration 2.516(f),certifyingthe self-representedparty was served with this Uniform Trial Order. DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida on --- 06-05-2021 L-N-- --- CACE19021344 06-05-2021 10:05 PN Circuit Court Judge If you are a person with a disability who needs any accommodation in order to participatein this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator, Room 20140, 201 S.E. Sixth Street,Fort Lauderdale, Florida 33301, 954-831-7721 at least 7 days before your scheduled court appearance, or immediately upon receivingthis notification if the time before the scheduled appearance is less Page 2 of2 than 7 days.Ifyou have a hearing or voice disability you can contact the court through the Florida Relay Service by calling711. 6 CC Jesus Rodo fo Goatache, Emai : Jgoatache@rubintonlaw.corn Jesus Rodo fo Goatache, Emai : Mhurtado@rubintonlaw.corn Jesus Rodo fo Goatache, Emai : eservice@rubintonlaw.corn Kaneily Valdes, Email : yial @yourinsuranceattorney.com Vida Momkus Jasaitis, Emai : Vjasaitis@rubintonlaw.corn Vida Momkus Jasaitis,Emai : VPrzewoznik@rubintonlaw.com Vida Momkus Jasaitis, Emai : eservice@rubintonlaw.com Your Insurance Attorney Esq., Email : Eservice@mellawyers.com Your Insurance Attorney Esq., Email : YIA7@yourinsuranceattorney.com Jillian Ferrari From: Jillian Ferrari Sent Wednesday, October 20, 2021 8:56 AM To: IdelysMartinez; Teresa Provenzano CC: Jessica Tome Subject: RE: Jesus Villeda and Jhaneth Villeda v. Citizens Property Insurance Corporation; Claim no. 001-00-211715 Good morning, I am following up with attempting to schedule mediation in this matter. Please advise your availabilityon the below dates provided by LEO Mediations so we may get this coordinated. Thank you. Oct 22 Nov 1, 9, 11, 12 and 16 Sincerely, JillianFerrari Legal Assistant to Jessica Tome, Esq. Rubinton Simms, PA 3440 Hollywood Blvd, Suite 460 Hollywood, FL 33021 T- (954) 251-5500 F- (954) 251-5501 www.RubintonLaw.com RUBINTON SIMMS, PA ATTORNEYS AT L .A W Attention: The information contained in this E-mail message is privileged and confidential information intended only for the use of the individual(s) named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictlyprohibited. If you have received this communication in error, please contact the sender by reply E-mail and destroy all copies of the originalmessage. Thank you From: JIllian Ferrari Sent: Monday, October 18, 2021 10:09 AM To: IdelysMartinez Cc: Jessica Tome Subject: Jesus Villeda and Jhaneth Villeda v. Citizens Property Insurance Corporation; Claim no. 001-00-211715 Importance: High Good morning Ms. Martinez, I am reaching out to follow up on scheduling mediation in this case. It is supposed to be scheduled by today, as per the trial order. Please advise your availability on the dates below provided by LEO Mediations. Thank you! Oct 22 Nov 1, 9, 11, 12 and 16 1 EXHIBIT "B" Sincerely, JillianFerrari Legal Assistant to JessicaTome, Esq. Rubinton Simms, PA 3440 Hollywood Blvd, Suite 460 Hollywood, FL 33021 T- (954) 251-5500 F- (954) 251-5501 www.RubintonLaw.com RUBINTON SIMMS, PA ATTORNEY'5 AT LA V, Attention: The information contained in this E-mail message is privileged and confidential information intended only for the use of the individual(s) named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictlyprohibited. If you have received this communication in error, please contact the sender by reply E-mail and destroy all copies of the original message. Thank you 2 Jillian Ferrari From: Jessica Tome Sent Friday,October 1 5, 2021 1:51 PM To: KaneilyA. Valdes CC: Teresa Provenzano; Jillian Ferrari;IdelysMartinez Subject: RE: 2207-034 Jesus Villeda v. Citizens Property Ins. Corp (Kitchen Sink SP) Follow Up Flag: Follow up Flag Status: Completed Thank you, 1 Cc: Teresa Provenzano ; JIllian Ferrari ; Idelys Martinez Subject: Re: 2207-034 Jesus Villeda v. Citizens Property Ins. Corp (Kitchen Sink SP) Hi Jessica, Moving forward, my colleagueIdelysMartinez will be the handling attorney. I will forward your email to them. KindRe@rds. KiUiei4 A.VWdes, Esg. Your Insurance Attorney, PLLC. 2601 South Bayshore Drive 180'Floor Coconut Grove, FL 33133 Phone No.: 1-888-570-3677 Direct: 3()5-424-2743 Fax: 1-888-745-5677 Website: vvkvvv.yourinsur:uicea{.tgrllgk.?cilul E-mail: Kvaldes@vourinsuranceattorney.com 1 NOTICE: The information in this e-mail is confidential and may contain information that is attorney-client privilegedor exempt from disclosure. It is intended only for the use of the individual(s) or entity(ies) to whom it is addressed. Ifyou are not an intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is strictly prohibited.Anyone who receives this message in error should notifythe sender immediately by telephone or by return e-mail and delete the entire message (and any attachments)from their computer. Any opinionsor advice contained in this email shall be subjectto the terms and conditions set forth in the governing Your Insurance Attorney,client engagement agreement. Thank you. IRS Circular 230 Disclosure: Please note that the views expressed herein or in any attachments hereto are not intended to constitute a ttreliance opinion"under applicableTreasury Regulations,and accordinglyare not intended or written to be used, and may not be used or relied upon, for the purpose of (i)avoidingtax-related penaltiesthat may be imposed by the Internal Revenue Service, or (ii)promoting,marketingor recommending to another party any tax-related matters addressed herein. From: Jessica Tome Sent: Friday,October 15, 2021 1:46:14 PM To: Kaneily A. Valdes Cc: Teresa Provenzano ; JIllian Ferrari Subject: FW: 2207-034 Jesus Villeda v. Citizens Property Ins. Corp (Kitchen Sink SP) Hi Kaneily, We just realized that this is your file and not David's. although, we had sent emails to Teresa, but no response. We are trying o schedule the mediation in this case per trial order. We reached out to several mediators but we could not find anyone in the next two months, I am assuming is because there a lot of trials getting set. The deadline to schedule mediation is supposed to be on 10/17. We found this mediation place online, is LEO Mediations, LLC. We have never used before but it's the only one we got availabilityfrom. Here are the dates given to us. Oct 22 Nov 1, 9, 11, 12 and 16 Please let me know which date works for your office to get this scheduled asap. Thank you Jessica Tom@, Esq. Associate Attorney Rubinton Simms, PA 3440 Hollywood Boulevard, Suite 460 Hollywood, Florida 33021 (954) 251-5500 Fax (954) 251-5501 itome@rubintonlaw.com 2 RUBINTON SIMMS, PA ATTORNEYS AT LAW Attention: The information contained in this E- mail message is privileged and confidential information intended only forthe use of the individual(s) named above. If the readerof this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictlyprohibited. If you have received this communication in error, please contact the sender by reply E-mail and destroy all copies of the originalmessage. Thank you. From: Jillian Ferrari Sent: Thursday, October 14, 2021 11:39 AM To: David F. Garcia ; Teresa Provenzano Cc: Jessica Tome Subject: RE: 2207-034 Jesus Villeda v. Citizens Property Ins. Corp (Kitchen Sink SP) Importance: High Good morning, Please see below email in reference to scheduling mediation in this matter. Please advise your availabilityon the dates provided. Thank you. Sincerely, JillianFerrari Legal Assistant to JessicaTome, Esq. Rubinton Simms, PA 3440 Hollywood Blvd, Suite 460 Hollywood, FL 33021 T- (954) 251-5500 F- (954) 251-5501 www.RubintonLaw.com RUBINTON SIMMS, PA ATTORNEY'S AT L A. W Attention: The information contained in this E-mail message is privileged and confidential information intended only for the use of the individual(s) named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictlyprohibited. If you have received this communication in error, please contact the sender by reply E-mail and destroy all copies of the original message. Thank you From: Jessica Tome Sent: Wednesday, October 13, 20214:22 PM To: David F. Garcia ; Teresa Provenzano Cc: JIllian Ferrari Subject: RE: 2207-034 Jesus Villeda v. Citizens Property Ins. Corp (Kitchen Sink SP) Hello, 3 We just found one mediator available before calendar call. His name is Casimir (Cass)Maliszewski. His company is LEO Mediations, LLC. We have never used before but it's the only one we got availability from. Here are the dates given to us. Oct 22 Nov 1, 9, 11, 12 and 16 Please let me know which date works for your office. Jessica Tom6, Esq. Associate Attorney Rubinton Simms, PA 3440 Hollywood Boulevard, Suite 460 Hollywood, Florida 33021 (954) 251-5500 Fax (954) 251-5501 itome@rubintonlaw.com RUBINTON SIMMS, PA ATTORNEYS AT LAW Attention: The information contained in this E- mail message is privileged and confidential information intended only forthe use of the individual{s) named above. Ifthe readerof this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictlyprohibited. If you have received this communication in error, please contact the sender by reply E-mail and destroy all copies of the originalmessage. Thank you. From: Jessica Tome Sent: Tuesday, October 12, 2021 5:08 PM To: David F. Garcia ; Teresa Provenzano Cc: Jillian Ferrari Subject: 2207-034 Jesus Villeda v. Citizens Property Ins. Corp (Kitchen Sink SP) Hi David, I just realized that we are supposed to have mediation 60 days prior to calendar call and that is October 17 which is in 5 days. Please let have our legal assistants jump on this right away to get it scheduled. Thank you Jessica Tomt Esq. Associate Attorney Rubinton Simms, PA 3440 Hollywood Boulevard, Suite 460 Hollywood, Florida 33021 (954) 251-5500 Fax (954) 251-5501 itome@rubintonlaw.com 4 RUBINTON SIMMS, PA ATTORNEYS AT LAW Attention: The information contained in this E- mail message is privileged and confidential information intended only forthe use of the individual(s) named above. Ifthe reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictlyprohibited. If you have received this communication in error, please contact the sender by reply E-mail and destroy all copies of the original message. Thank you. 5 JIllian Ferrari From: Jillian Ferrari Sent: Wednesday, October 13, 2021 3:11 PM To: 'yial@yourinsuranceattorney.com';'DFG@yourinsuranceattorney.com' CC: Jessica Tome Subject: RE: 2207-034 Jesus Villeda v. Citizens Property Ins. Corp (Kitchen Sink SP) Good afternoon, I am following up on the below emails in reference to scheduling mediation in this case. Please advise if there is another assistant/someone else I should be reaching out to in order to coordinate this. Thank you so much. Sincerely, IillianFerrari Legal Assistant to JessicaTome, Esq. Rubinton Simms, PA 3440 Hollywood Blvd, Suite 460 Hollywood, FL 33021 T- (954) 251-5500 F- (954) 251-5501 www.RubintonLaw.com RUBINTON SIMMS, PA ATTORNEYS AT LA. W Attention: The information contained in this E-mail message is privilegedand confidential information intended only for the use of the individual(s) named above. Ifthe reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictlyprohibited. If you have received this communication in error, please contact the sender by reply E-mail and destroy all copies of the original message. Thank you From: JIllian Ferrari Sent: Wednesday, October 13, 2021 1:53 PM To: Teresa Provenzano Cc: Jessica Tome ; DFG@yourinsuranceattorney.com Subject: RE: 2207-034 Jesus Villeda v. Citizens Property Ins. Corp (Kitchen Sink SP) Good afternoon Teresa, I am reaching out to follow up on the below email regarding mediation. Please advise what mediators your office approves of, so we may begin scheduling this. Thank you! Florida Mediation Group Rusty Perez Frank Allocca Biscayne Mediation Peter Abraham 1 K&A Eric Kleinman Markel Arrizabalaga ATD Daniel Feld Laura Bonn Cindy Hannah Kaskv Mediation Jeffery Kasky Nexxus Mediation Brian Reeves Flavman Mediation Robert Flayman Sincerely, JillianFerrari Legal Assistant to JessicaTome, Esq. Rubinton Simms, PA 3440 Hollywood Blvd, Suite 460 Hollywood, FL 33021 T- (954) 251-5500 F- (954) 251-5501 www.RubintonLaw.com RUBINTON SIMMS, PA ATTORNEYS AT L A Vv Attention: The information contained in this E-mail message is privileged and confidential information intended only forthe use of the individual(s) named above. Ifthe reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictlyprohibited. If you have received this communication in error, please contact the sender by reply E-mail and destroy all copies of the original message. Thank you From: JIllian Ferrari Sent: Tuesday, October 12, 2021 5:16 PM To: DFG@yourinsuranceattornev.com; Teresa Provenzano Cc: Jessica Tome Subject: FW: 2207-034 Jesus Villeda v. Citizens Property Ins. Corp (Kitchen Sink SP) Importance: High Good afternoon Teresa, As per the below email regarding scheduling mediation as soon as possible, please advise which mediators your office approves offrom this list. Thank you! Florida Mediation Group 2 Rusty Perez Frank Allocca Biscavne Mediation Peter Abraham K&A Eric Kleinman Markel Arrizabalaga ATD Daniel Feld Laura Bonn Cindy Hannah Kasky Mediation Jeffery Kasky Nexxus Mediation Brian Reeves Flayman Mediation Robert Flayman Sincerely, JillianFerrari Legal Assistant to JessicaTome, Esq. Rubinton Simms, PA 3440 Hollywood Blvd, Suite 460 HolIywood, FL 33021 T- (954) 251-5500 F- (954) 251-5501 www.RubintonLaw.com RUBINTON SIMMS, PA ATTORNEYS AT LAW Attention: The information contained in this E-mail message is privileged and confidential information intended only for the use of the individual(s) named above. If the reader of thjs message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictlyprohibited. If you have received this communication in error, please contact the sender by reply E-mail and destroy all copies of the originalmessage. Thank you From: Jessica Tome Sent: Tuesday, October 12, 2021 5:08 PM To: David F. Garcia ; Teresa Provenzano Cc: Jillian Ferrari Subject: 2207-034 Jesus Villeda v. Citizens Property Ins. Corp (Kitchen Sink SP) Hi David, 3 I just realized that we are supposed to have mediation 60 days prior to calendar call and that is October 17 which is in 5 days. Please let have our legal assistants jump on this rightaway to get it scheduled. Thank you Jessica Tom6, Esq. Associate Attorney Rubinton Simms, PA 3440 Hollywood Boulevard, Suite 460 Hollywood, Florida 33021 (954) 251-5500 Fax (954) 251-5501 itome@rubintonlaw.com RUBINTON SIMMS, PA ATTORNEyS AT L A W Attention: The information contained in this E- mail message is privileged and confidential information intended only for the use of the individual(s) named above. If the readerof thismessage is not the Fntended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictlyprohibited. If you have received this communication in error, please contact the sender by reply E-mail and destroy all copies of the originalmessage. Thank you. 4