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Filing # 127574342 E-Filed 05/26/2021 12:24:23 PM
IN THE CIRCUIT COURT OF THE 20TH
JUDICIAL CIRCUIT IN AND FOR
COLLIER COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CMR CONSTRUCTION & ROOFING, LLC CASE NO.: 11-2019-CA-004953-0001-XX
A/A/O LAWRENCE JULIANO and
SHEILA JULIANO,
Plaintiff,
vs.
OLYMPUS INSURANCE COMPANY,
Defendant.
/
DEFENDANT’S MOTION TO ENFORCE SETTLEMENT
Defendant, OLYMPUS INSURANCE COMPANY (hereinafter “Olympus”), moves the
Court for an Order to enforce settlement, and states:
1. On February 17, 2021, Olympus filed a Notice of Service of a Proposal for
Settlement, containing a General Release which required the insured’s signature.
Please see Exhibit A.
2. On February 19, 2021, CMR CONSTRUCTION & ROOFING, LLC A/A/
LAWRENCE JULIANO & SHEILA JULIANO filed a Notice of Acceptance of
Settlement; specifically, accepting the Proposal for Settlement filed on February
17, 2021. Please see Exhibit B.
3. On April 7, 2021, CMR CONSTRUCTION & ROOFING, LLC A/A/
LAWRENCE JULIANO & SHEILA JULIANO filed a Notice of Settlement based
on the Proposal for Settlement terms agreed upon on February 19, 2021. Please see
Exhibit C.
FILED: COLLIER COUNTY, CRYSTAL K. KINZEL, CLERK, 05/26/2021 12:24:23 PMCMR Construction / Juliano v. Olympus Insurance
Case No.: 11-2019-CA-004953-0001-XX
4. On Thursday, May 20", 2021 at 2pm, Olympus solely appeared at the Court’s
Settlement Docket and advised that the insured had yet to sign the General Release.
Please see Exhibit D.
5. To date, the General Release of All Claims and Stipulation for Order of Dismissal
have not been executed.
6. Accordingly, the settlement, as agreed to on or about February 19, 2021, has not
been finalized.
WHEREFORE, Defendant, OLYMPUS INSURANCE COMPANY, respectfully requests
this Court to enter an order enforcing the settlement that was agreed upon by the parties and
imposing whatever sanctions it deems just for Plaintiffs’ failure to comply with the terms of the
settlement.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing was served via
email ( tampafirstpartyeservice@kpattorney.com; psaldana@kpattommey.com;
mgottlieb@kpattorney.com ) to Matthew Gottlieb, Esq., KANNER & PINTALUGA, P.A., 3615
E. Frontage Road, Tampa, FL 33607, this __26"" _day of May, 2021.
STONE, GLASS & CONNOLLY, LLP
Attorneys for Defendant
7824 SW 178 Terrace
Miami, FL 33157-1873
(305) 456-5652
By:__/s/ Gabriela Rodriguez
GABRIELA RODRIGUEZ
Email: grodriguez@sgc-attorneys.com
Florida Bar Number 1000400EXHIBIT AFiling # 121585669 E-Filed 02/17/2021 04:50:29 PM
IN THE CIRCUIT COURT OF THE 20TH
JUDICIAL CIRCUIT IN AND FOR,
COLLIER COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CMR CONSTRUCTION & ROOFING, LLC CASE NO.: 11-2019-CA-004953-0001-XX
A/A/O LAWRENCE JULIANO and
SHEILA JULIANO,
Plaintiff,
vs.
OLYMPUS INSURANCE COMPANY,
Defendant.
/
DEFENDANT'S NOTICE OF SERVICE OF A PROPOSAL FOR SETTLEMENT
TO PLAINTIFF, CMR CONSTRUCTION & ROOFING, LLC A/A/O LAWRENCE
JULIANO AND SHEILA JULIANO
Pursuant to Fla. R. Civ. P. 1.442 and Fla. Stat. §768.79, Defendant, OLYMPUS
INSURANCE COMPANY, hereby gives Notice of Service of a Proposal for Settlement to
Plaintiffs, CMR CONSTRUCTION & ROOFING, LLC a/a/o LAWRENCE JULIANO and
SHEILA JULIANO.
(CERTIFICATE OF SERVICE ON THE NEXT PAGE)CMR Construction / Juliano v. Olympus Insurance
Case No.: 11-2019-CA-004953-0001-XX
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing was served via email
(tampafirstpartyeservice@kpattorney.com) to Max Messinger, Esq., KANNER & PINTALUGA,
P.A., 3615 E. Frontage Road, Tampa, FL 33607, this 17 day of February, 2021.
STONE, GLASS & CONNOLLY, LLP
Attorneys for Defendant
15321 S. Dixie Hwy., Suite 308
Miami, FL 33157-1873
(305) 456-5652
By:__4s/ Gabriela Rodriguez
GABRIELA RODRIGUEZ
Email: grodriguez@sgc-attorneys.com
Florida Bar Number 1000400EXHIBIT BFiling # 121737639 E-Filed 02/19/2021 03:34:56 PM
IN THE CIRCUIT COURT OF THE 20"
JUDICIAL CIRCUIT IN AND FOR
COLLIER COUNTY, FLORIDA
CASE NO.: 112019CA0049530001XX
CMR CONSTRUCTION & ROOFING, LLC.
(A/A/O LAWRENCE JULIANO &
SHEILA JULIANO),
Plaintiff,
v.
OLYMPUS INSURANCE COMPANY,
Defendant.
/
NOTICE OF ACCEPTANCE OF SETTLEMENT
TO THE COURT AND ALL THE PARTIES:
Plaintiff, CMR CONSTRUCTION & ROOFING, LLC. (A/A/O
LAWERENCE JULIANO & SHEILA JULIANO), by and through undersigned counsel, files
this Notice of Acceptance of Settlement pursuant to Fla. R. Civ. P. 1.442 (f)(1).
Plaintiff, CMR CONSTRUCTION & ROOFING, LLC. (A/A/O
LAWERENCE JULIANO & SHEILA JULIANO), accepts the proposal for settlement filed on
February 17, 2021 for date of loss on or about September 10, 2017.
[Certificate of Service on Following Page]
Page 1 of 2CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was served to:
Gabriela Rodriguez, Esq., Stone, Glass & Connolly, LLP, 15321 S. Dixie Hwy., Suite 308,
Miami, FL 33157, grodriguez@sgc-attorneys.com, on this 19'" day of February 2021.
KANNER & PINTALUGA, P.A.
Attorneys for Plaintiff
925 S. Federal Highway, Sixth Floor
Boca Raton, FL 33432
Phone: (561) 424-0032
Fax: (561) 853-2188
Court Phone Number: (1-888) 824-7834
Email: mgottlieb@kpattorney.com
psaldana@kpattorney.com
FirstPartyEService@kpattorney.com
By: _/s/ Matthew Gottlieb__.
MATTHEW GOTTLIEB, ESQ.
Florida Bar No.: 118704
Page 2 of 2EXHIBIT CFiling # 124507330 E-Filed 04/07/2021 03:43:39 PM
IN THE CIRCUIT COURT OF THE 20"
JUDICIAL CIRCUIT IN AND FOR
COLLIER COUNTY, FLORIDA
CASE NO.: 112019CA0049530001XX
CMR CONSTRUCTION & ROOFING, LLC.
(A/A/O LAWRENCE JULIANO &
SHEILA JULIANO),
Plaintiff,
v.
OLYMPUS INSURANCE COMPANY,
Defendant.
/
PLAINTIFFS’ NOTICE OF SETTLEMENT
COMES NOW, the Plaintiffs, and hereby gives notice to this Honorable Court that the
parties have mutually agreed to a settlement in this matter. Plaintiffs will voluntarily dismiss this
case upon satisfaction of the settlement terms.
CERTIFICATE OF SERVICE
THEREBY CERTIFY that a true and correct copy of the foregoing has been furnished
via electronic mail this 7"* day of April 2021 to: Gabriela Rodriguez, Esq., STONE, GLASS &
CONNOLLY, LLP; 15321 S. Dixie Hwy., Suite 308; Miami, FL 331157;
grodriguez@sgc-attorneys.com; mgonzalez@sgc-attorneys.com.
KANNER & PINTALUGA, P.A.
Attorneys for Plaintiff
925 S. Federal Highway, Sixth Floor
Boca Raton, FL 33432
Phone: (561) 424-0032
Fax: (561) 853-2188
Email: mgottlieb@kpattorney.com
psaldana@kpattorney.com
FirstPartyEService@kpattorney.com
By: _/s/ Matthew Gottlieb.
MAX M. MESSINGER, ESQ.
Florida Bar No.: 69988
MATTHEW GOTTLIEB, ESQ.
Florida Bar No.: 118704EXHIBIT DFiling # 122154133 E-Filed 02/26/2021 01:29:45 PM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
CMR CONSTRUCTION & ROOFING LLC,
Plaintiff(s),
CASE NO: §11-2019-CA-004953-0001-XX
vs.
JUDGE: Lauren L. Brodie, Circuit Court Judge
OLYMPUS INSURANCE COMPANY,
Defendant(s).
/
ORDER SETTING CASE FOR SETTLEMENT DOCKET
THIS CAUSE having come before this Court on the Notice of Settlement, notification of
settlement, and/or the Court’s own Motion, and the Court file and being advised of the premises,
it is ORDERED and ADJUDGED as follows:
1. This Case is hereby scheduled on the Court’s Settlement Docket on Thursday, May 20,
2021 at 2:00 P.M..
2. This Case is scheduled on the Settlement Docket because the final settlement documents
have not been filed in the Court file bringing the Case to final resolution. If such documents
are filed no later than 3 business days prior to the above Settlement Docket date, please
forward such to the undersigned Judge’s office and request that your Case be removed from
this docket. When the Court confirms that such are filed in the Court file, it will remove
this Case from this Docket. If such documents are not so filed no later than 3 business days
prior to the Docket, all self-represented-Parties and attommeys must appear via ZOOM at
the above date and time. If you fail to file the final settlement documents or appear, the
Court may impose appropriate sanctions including attomey fees, fines, striking pleadings
and/or dismissing your Case.
3. Parties MUST file the Final Disposition Form in accordance with FI. Rules of Civil
Procedure 1.545 and Form 1.998.
4. The parties must appear via Zoom. Please see the assigned Judge website for Zoom
Instructions. The Zoom App is available for free for IOS and Android devices, and it
may also be accessed via desktop computer. You do not need an account and you do not
have to pay a fee to use this service. Please visit the Zoom Help Center at
https://support.zoom.us to familiarize yourself with the services before your court date.
Please make sure there is no background noise.DONE AND ORDERED in Chambers, Collier County, Florida on this 26th day of
February, 2021.
Kin (2 Brodie
So ro a a oe Oet SS ere :
Electronic Service via E-File Portal:
Andrew M Bragg , ,
Derek B Alvarez
Gabriela Rodriguez ,
Hugh J. Connolly ,
Gabriela Rodriguez, Esq. ,
Matthew D_ Gottlieb , ,
Rick C. Briggs ,
Margaret Ellen Garner
Rick Charles Briggs
“If you are a person with a disability who needs any accommodation in order
to participate in this proceeding, you are entitled, at no cost to you, to the
provision of certain assistance. Please contact Charles Rice, Administrative
Services Manager, whose office is located at 3315 East Tamiami Trail, Suite
501, Naples, Florida 34112, and whose telephone number is (239)252-8800, at
least 7 days before your scheduled court appearance, or immediately upon
receiving this notification if the time before the scheduled appearance is less
than 7 days; if you are hearing or voice impaired, call 711."
Preview
Filing # 127574342 E-Filed 05/26/2021 12:24:23 PM IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CMR CONSTRUCTION & ROOFING, LLC CASE NO.: 11-2019-CA-004953-0001-XX A/A/O LAWRENCE JULIANO and SHEILA JULIANO, Plaintiff, vs. OLYMPUS INSURANCE COMPANY, Defendant. / DEFENDANT’S MOTION TO ENFORCE SETTLEMENT Defendant, OLYMPUS INSURANCE COMPANY (hereinafter “Olympus”), moves the Court for an Order to enforce settlement, and states: 1. On February 17, 2021, Olympus filed a Notice of Service of a Proposal for Settlement, containing a General Release which required the insured’s signature. Please see Exhibit A. 2. On February 19, 2021, CMR CONSTRUCTION & ROOFING, LLC A/A/ LAWRENCE JULIANO & SHEILA JULIANO filed a Notice of Acceptance of Settlement; specifically, accepting the Proposal for Settlement filed on February 17, 2021. Please see Exhibit B. 3. On April 7, 2021, CMR CONSTRUCTION & ROOFING, LLC A/A/ LAWRENCE JULIANO & SHEILA JULIANO filed a Notice of Settlement based on the Proposal for Settlement terms agreed upon on February 19, 2021. Please see Exhibit C. FILED: COLLIER COUNTY, CRYSTAL K. KINZEL, CLERK, 05/26/2021 12:24:23 PMCMR Construction / Juliano v. Olympus Insurance Case No.: 11-2019-CA-004953-0001-XX 4. On Thursday, May 20", 2021 at 2pm, Olympus solely appeared at the Court’s Settlement Docket and advised that the insured had yet to sign the General Release. Please see Exhibit D. 5. To date, the General Release of All Claims and Stipulation for Order of Dismissal have not been executed. 6. Accordingly, the settlement, as agreed to on or about February 19, 2021, has not been finalized. WHEREFORE, Defendant, OLYMPUS INSURANCE COMPANY, respectfully requests this Court to enter an order enforcing the settlement that was agreed upon by the parties and imposing whatever sanctions it deems just for Plaintiffs’ failure to comply with the terms of the settlement. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing was served via email ( tampafirstpartyeservice@kpattorney.com; psaldana@kpattommey.com; mgottlieb@kpattorney.com ) to Matthew Gottlieb, Esq., KANNER & PINTALUGA, P.A., 3615 E. Frontage Road, Tampa, FL 33607, this __26"" _day of May, 2021. STONE, GLASS & CONNOLLY, LLP Attorneys for Defendant 7824 SW 178 Terrace Miami, FL 33157-1873 (305) 456-5652 By:__/s/ Gabriela Rodriguez GABRIELA RODRIGUEZ Email: grodriguez@sgc-attorneys.com Florida Bar Number 1000400EXHIBIT AFiling # 121585669 E-Filed 02/17/2021 04:50:29 PM IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT IN AND FOR, COLLIER COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CMR CONSTRUCTION & ROOFING, LLC CASE NO.: 11-2019-CA-004953-0001-XX A/A/O LAWRENCE JULIANO and SHEILA JULIANO, Plaintiff, vs. OLYMPUS INSURANCE COMPANY, Defendant. / DEFENDANT'S NOTICE OF SERVICE OF A PROPOSAL FOR SETTLEMENT TO PLAINTIFF, CMR CONSTRUCTION & ROOFING, LLC A/A/O LAWRENCE JULIANO AND SHEILA JULIANO Pursuant to Fla. R. Civ. P. 1.442 and Fla. Stat. §768.79, Defendant, OLYMPUS INSURANCE COMPANY, hereby gives Notice of Service of a Proposal for Settlement to Plaintiffs, CMR CONSTRUCTION & ROOFING, LLC a/a/o LAWRENCE JULIANO and SHEILA JULIANO. (CERTIFICATE OF SERVICE ON THE NEXT PAGE)CMR Construction / Juliano v. Olympus Insurance Case No.: 11-2019-CA-004953-0001-XX CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing was served via email (tampafirstpartyeservice@kpattorney.com) to Max Messinger, Esq., KANNER & PINTALUGA, P.A., 3615 E. Frontage Road, Tampa, FL 33607, this 17 day of February, 2021. STONE, GLASS & CONNOLLY, LLP Attorneys for Defendant 15321 S. Dixie Hwy., Suite 308 Miami, FL 33157-1873 (305) 456-5652 By:__4s/ Gabriela Rodriguez GABRIELA RODRIGUEZ Email: grodriguez@sgc-attorneys.com Florida Bar Number 1000400EXHIBIT BFiling # 121737639 E-Filed 02/19/2021 03:34:56 PM IN THE CIRCUIT COURT OF THE 20" JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CASE NO.: 112019CA0049530001XX CMR CONSTRUCTION & ROOFING, LLC. (A/A/O LAWRENCE JULIANO & SHEILA JULIANO), Plaintiff, v. OLYMPUS INSURANCE COMPANY, Defendant. / NOTICE OF ACCEPTANCE OF SETTLEMENT TO THE COURT AND ALL THE PARTIES: Plaintiff, CMR CONSTRUCTION & ROOFING, LLC. (A/A/O LAWERENCE JULIANO & SHEILA JULIANO), by and through undersigned counsel, files this Notice of Acceptance of Settlement pursuant to Fla. R. Civ. P. 1.442 (f)(1). Plaintiff, CMR CONSTRUCTION & ROOFING, LLC. (A/A/O LAWERENCE JULIANO & SHEILA JULIANO), accepts the proposal for settlement filed on February 17, 2021 for date of loss on or about September 10, 2017. [Certificate of Service on Following Page] Page 1 of 2CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served to: Gabriela Rodriguez, Esq., Stone, Glass & Connolly, LLP, 15321 S. Dixie Hwy., Suite 308, Miami, FL 33157, grodriguez@sgc-attorneys.com, on this 19'" day of February 2021. KANNER & PINTALUGA, P.A. Attorneys for Plaintiff 925 S. Federal Highway, Sixth Floor Boca Raton, FL 33432 Phone: (561) 424-0032 Fax: (561) 853-2188 Court Phone Number: (1-888) 824-7834 Email: mgottlieb@kpattorney.com psaldana@kpattorney.com FirstPartyEService@kpattorney.com By: _/s/ Matthew Gottlieb__. MATTHEW GOTTLIEB, ESQ. Florida Bar No.: 118704 Page 2 of 2EXHIBIT CFiling # 124507330 E-Filed 04/07/2021 03:43:39 PM IN THE CIRCUIT COURT OF THE 20" JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CASE NO.: 112019CA0049530001XX CMR CONSTRUCTION & ROOFING, LLC. (A/A/O LAWRENCE JULIANO & SHEILA JULIANO), Plaintiff, v. OLYMPUS INSURANCE COMPANY, Defendant. / PLAINTIFFS’ NOTICE OF SETTLEMENT COMES NOW, the Plaintiffs, and hereby gives notice to this Honorable Court that the parties have mutually agreed to a settlement in this matter. Plaintiffs will voluntarily dismiss this case upon satisfaction of the settlement terms. CERTIFICATE OF SERVICE THEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via electronic mail this 7"* day of April 2021 to: Gabriela Rodriguez, Esq., STONE, GLASS & CONNOLLY, LLP; 15321 S. Dixie Hwy., Suite 308; Miami, FL 331157; grodriguez@sgc-attorneys.com; mgonzalez@sgc-attorneys.com. KANNER & PINTALUGA, P.A. Attorneys for Plaintiff 925 S. Federal Highway, Sixth Floor Boca Raton, FL 33432 Phone: (561) 424-0032 Fax: (561) 853-2188 Email: mgottlieb@kpattorney.com psaldana@kpattorney.com FirstPartyEService@kpattorney.com By: _/s/ Matthew Gottlieb. MAX M. MESSINGER, ESQ. Florida Bar No.: 69988 MATTHEW GOTTLIEB, ESQ. Florida Bar No.: 118704EXHIBIT DFiling # 122154133 E-Filed 02/26/2021 01:29:45 PM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION CMR CONSTRUCTION & ROOFING LLC, Plaintiff(s), CASE NO: §11-2019-CA-004953-0001-XX vs. JUDGE: Lauren L. Brodie, Circuit Court Judge OLYMPUS INSURANCE COMPANY, Defendant(s). / ORDER SETTING CASE FOR SETTLEMENT DOCKET THIS CAUSE having come before this Court on the Notice of Settlement, notification of settlement, and/or the Court’s own Motion, and the Court file and being advised of the premises, it is ORDERED and ADJUDGED as follows: 1. This Case is hereby scheduled on the Court’s Settlement Docket on Thursday, May 20, 2021 at 2:00 P.M.. 2. This Case is scheduled on the Settlement Docket because the final settlement documents have not been filed in the Court file bringing the Case to final resolution. If such documents are filed no later than 3 business days prior to the above Settlement Docket date, please forward such to the undersigned Judge’s office and request that your Case be removed from this docket. When the Court confirms that such are filed in the Court file, it will remove this Case from this Docket. If such documents are not so filed no later than 3 business days prior to the Docket, all self-represented-Parties and attommeys must appear via ZOOM at the above date and time. If you fail to file the final settlement documents or appear, the Court may impose appropriate sanctions including attomey fees, fines, striking pleadings and/or dismissing your Case. 3. Parties MUST file the Final Disposition Form in accordance with FI. Rules of Civil Procedure 1.545 and Form 1.998. 4. The parties must appear via Zoom. Please see the assigned Judge website for Zoom Instructions. The Zoom App is available for free for IOS and Android devices, and it may also be accessed via desktop computer. You do not need an account and you do not have to pay a fee to use this service. Please visit the Zoom Help Center at https://support.zoom.us to familiarize yourself with the services before your court date. Please make sure there is no background noise.DONE AND ORDERED in Chambers, Collier County, Florida on this 26th day of February, 2021. Kin (2 Brodie So ro a a oe Oet SS ere : Electronic Service via E-File Portal: Andrew M Bragg , , Derek B Alvarez Gabriela Rodriguez , Hugh J. Connolly , Gabriela Rodriguez, Esq. , Matthew D_ Gottlieb , , Rick C. Briggs , Margaret Ellen Garner Rick Charles Briggs “If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact Charles Rice, Administrative Services Manager, whose office is located at 3315 East Tamiami Trail, Suite 501, Naples, Florida 34112, and whose telephone number is (239)252-8800, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711."