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Filing # 171403519 E-Filed 04/20/2023 10:00:38 AM
IN THE CIRCUIT COURT OF THE
FOURTH JUDICIAL CIRCUIT, IN AND
FOR DUVAL COUNTY, FLORIDA
CASE NO.: 16-2023-CA-002197
DIVISION: CV-G
ORETHA CHAMBERS,
Plaintiff,
v.
SAFECO EXPRESS INSURANCE COMPANY,
Defendant.
________________________________________/
NOTICE OF MEDIATION
1. REFERRAL FOR MEDIATION: This mediation has been referred to PENNY
W. SCHMIDT for Mediation at the request of the parties and will be held pursuant to Chapter
44, Florida Statutes, Rule 1.700, Florida Rules of Civil Procedure, and this Court’s
Administrative Order 2013-13, a copy of which is attached hereto as Exhibit “A”.
2. DATE, TIME AND LOCATION: The Mediation Conference shall begin at
9:30 a.m. (EST) on Thursday, August 3, 2023, via Zoom1, and continue until recessed or
terminated by the Mediator. The Mediator is hereby authorized to resolve scheduling conflicts
without further Order including rescheduling the Mediation Conference. The parties shall
cooperate with the Mediator in all such matters. The time allotted for this Mediation is 4 hours;
however, if time permits, the participants shall be prepared to spend as much time as necessary to
resolve this matter, or until an Impasse is declared by the Mediator.
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If someone later choses to appear in person, please advise and we will accommodate your request.
ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 04/20/2023 01:39:51 PM
3. ATTENDANCE: The personal attendance of all parties, trial counsel, and
insurance representatives is required, unless excused by prior agreement of all parties, and/or
counsel or by leave of Court. Parties shall appear with complete authority to resolve the matters
in dispute as defined in Florida Rule of Civil Procedure 1.720(b).
a. A corporate party shall send an authorized representative with absolute
authority to enter into a full and complete compromise and settlement.
b. A public entity required to conduct business pursuant to Chapter 286,
Florida Statutes shall appear at the Mediation Conference by physical presence of a
representative with full authority to negotiate on behalf of the entity and to recommend
settlement to the appropriate decision-making body of the entity.
c. If insurance is involved in the action, the insurance carrier shall send a
representative of the insured party, who is not such carrier’s outside counsel, who has full
authority to settle up to the amount of the Plaintiff’s last demand or the policy limits, whichever
is less, without further consultation.
d. If a party has knowledge of the existence of a lien, such as worker’s
compensation, medical liens, or other subrogated liens, then that party shall give notice of the
date, time and place of the Mediation Conference to the lien holder.
4. MEDIATION PROCESS: Mediation is a process in which a neutral and
impartial third party, the Mediator, acts to encourage and facilitate the resolution of a dispute
without prescribing what it should be. It is an informal and non-adversarial process with the
objective of helping the parties to communicate constructively and to voluntarily reach their own
mutually acceptable resolution of the issues in dispute. A Mediator does not make rulings, or
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give legal advice, or impose any settlement on the parties. The Mediator has no power to either
compel or enforce settlement agreements.
5. MEDIATION STATEMENTS AND SUMMARIES: No less than 72 hours
prior to the Mediation Conference, the Mediator requests that each party furnish to the Mediator
(by U.S. mail, facsimile or e-mail), a statement outlining the party’s position, the issues involved,
the latest settlement negotiations and designating the persons who will appear at the Mediation
Conference. Parties and counsel may attach other documents to the mediation statement, which
they wish the Mediator to review. These statements should not be filed with the Court. Any
party may communicate through counsel, with the Mediator at any time regarding the
conference. All discussions, representations, and statements made at the Mediation Conference
shall be privileged as settlement negotiations and nothing related to the Mediation shall be
admitted at trial or subject to discovery.
6. COMPENSATION: The Mediator has set forth the terms of compensation,
including the cancellation policy for this Mediation, in the addendum attached hereto and
incorporated herein as Exhibit “B”. All Mediation charges are to be divided equally among the
parties, unless agreed otherwise.
7. SETTLEMENT: It shall be the responsibility of the Plaintiff(s)’ counsel to
immediately notify the Court, and the Mediator, in writing, of any settlement or other
termination of the litigation.
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing has been furnished by electronic
service via the e-filing portal, to the below listed parties, this 20 day of April, 2023.
Joe Harrison Wade, Esquire Jeffrey Sneed, Esquire
Morgan & Morgan Law Office of J. Christopher Norris
501 Riverside Ave., Ste. 1200 PO Box 7217
Jacksonville, FL 32202 London, KY 40742
jwade@forthepeople.com JacksonvilleLegalMail@libertymutual.com
cbaxley@forthepeople.com Jeffrey.Sneed@libertymutual.com
Attorney for Plaintiff Attorney for Defendant
JAX MEDIATION CENTER
/s/ Penny W. Schmidt __________
PENNY W. SCHMIDT, ESQ.
Mediator Certification No. 15346R
2700 University Boulevard West, Ste. A-1
Jacksonville, FL 32217
(904) 224-7044 (telephone)
(904) 833-8882 (facsimile)
pschmidt@jaxmediationcenter.com
therman@jaxmediationcenter.com
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EXHIBIT “B”
(a) RATE OF COMPENSATION: The Mediator shall be compensated at the rate of
$375.00 per hour, plus reasonable expenses (i.e., parking, mileage outside of Jacksonville, lunch, etc.).
Travel time outside of Duval County will be charged at one-half (½) of the applicable hourly rate.
Facility fees will be charged if the Mediation is held at a location other than at Jax Mediation Center.
(b) MEDIATOR’S PRE-MEDIATION PREPARATION AND SCHEDULING: The
Mediator is entitled to charge one (1) hour for scheduling Mediation, preparing/distributing the Notice
of Mediation, and reviewing the parties’ Position Statements, etc. Time in excess of one (1) hour will
be charged where review of voluminous materials, telephone conferences or other additional activities
are undertaken in preparation for the Mediation.
(c) MEDIATION CANCELLATION/RESCHEDULING: If, at any time after 5:00
p.m. on July 26, 2023 , the Mediation Conference is canceled or rescheduled for any reason, or
if the parties fail to appear at the Mediation, the Mediator is entitled to charge a
cancellation/rescheduling fee to be split equally by the parties, absent agreement among the parties to
the contrary, equal to two (2) hours for a scheduled half-day Mediation and four (4) hours for a
scheduled full day Mediation. This charge shall be in addition to the one (1) hour charge set forth in
paragraph (b) above. To avoid this fee, the parties must notify the Mediator that all parties mutually
agree to cancel/reschedule the Mediation prior to the time set out above. Notification of the possibility
or likelihood of cancellation/rescheduling, or forgetting to notify the Mediator, shall not be sufficient
reason to avoid such fee.
(d) MEDIATION SESSION MINIMUM CHARGES: Regardless of the actual time
spent during any Mediation, the Mediator may charge a “minimum charge” of two (2) hours for a
scheduled half-day Mediation, or four (4) hours for a scheduled full day Mediation. This minimum
charge shall be in addition to the one (1) hour charge set forth in paragraph (b) above.
(e) MEDIATION RESCHEDULING: If at any time the Mediation Conference is
rescheduled, other than at the request of the Mediator, the Mediator is entitled to charge an additional
one-half (½) hour for each rescheduling/preparation of the necessary notices.
(f) PAYMENTS: Unless otherwise mutually agreed to by the parties and the Mediator,
all Mediation charges are to be equally divided between the parties. If more than one party is
represented by the same counsel, then said parties will be deemed to be “one party” for the purpose of
the Mediator’s charges. All charges for Mediation are payable within thirty (30) days of receipt of the
statement from the Mediator.
However, if a party is not represented by counsel in the case, then ALL parties are
required to PRE-PAY their portion of all charges for Mediation no later than 5:00 p.m. on 07/20/23, or
the Mediation will be cancelled and the Mediation will be rescheduled after all payments are received.
(g) INTERPRETORS, TECHNICAL EQUIPMENT, SPECIAL
ACCOMMODATIONS: A party who requires or intends to utilize an interpreter, technical
equipment, or special accommodations shall independently pay for and arrange such services or
equipment. These charges will be the sole responsibility of the party unless otherwise ordered by
Court, or mutually agreed to by the parties and the Mediator. A party intending to make the use of an
interpreter shall notify the Mediator and all parties at least five (5) days prior to the Mediation.
(h) JURISDICTION: The parties, and their counsel, by agreeing to utilize the
Mediator’s services herein, agree that the Court shall retain jurisdiction to enter sanctions or other
enforcement order for a party’s failure to timely pay a Mediator’s fee and costs.
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Preview
Filing # 171403519 E-Filed 04/20/2023 10:00:38 AM IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY, FLORIDA CASE NO.: 16-2023-CA-002197 DIVISION: CV-G ORETHA CHAMBERS, Plaintiff, v. SAFECO EXPRESS INSURANCE COMPANY, Defendant. ________________________________________/ NOTICE OF MEDIATION 1. REFERRAL FOR MEDIATION: This mediation has been referred to PENNY W. SCHMIDT for Mediation at the request of the parties and will be held pursuant to Chapter 44, Florida Statutes, Rule 1.700, Florida Rules of Civil Procedure, and this Court’s Administrative Order 2013-13, a copy of which is attached hereto as Exhibit “A”. 2. DATE, TIME AND LOCATION: The Mediation Conference shall begin at 9:30 a.m. (EST) on Thursday, August 3, 2023, via Zoom1, and continue until recessed or terminated by the Mediator. The Mediator is hereby authorized to resolve scheduling conflicts without further Order including rescheduling the Mediation Conference. The parties shall cooperate with the Mediator in all such matters. The time allotted for this Mediation is 4 hours; however, if time permits, the participants shall be prepared to spend as much time as necessary to resolve this matter, or until an Impasse is declared by the Mediator. 1 If someone later choses to appear in person, please advise and we will accommodate your request. ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 04/20/2023 01:39:51 PM 3. ATTENDANCE: The personal attendance of all parties, trial counsel, and insurance representatives is required, unless excused by prior agreement of all parties, and/or counsel or by leave of Court. Parties shall appear with complete authority to resolve the matters in dispute as defined in Florida Rule of Civil Procedure 1.720(b). a. A corporate party shall send an authorized representative with absolute authority to enter into a full and complete compromise and settlement. b. A public entity required to conduct business pursuant to Chapter 286, Florida Statutes shall appear at the Mediation Conference by physical presence of a representative with full authority to negotiate on behalf of the entity and to recommend settlement to the appropriate decision-making body of the entity. c. If insurance is involved in the action, the insurance carrier shall send a representative of the insured party, who is not such carrier’s outside counsel, who has full authority to settle up to the amount of the Plaintiff’s last demand or the policy limits, whichever is less, without further consultation. d. If a party has knowledge of the existence of a lien, such as worker’s compensation, medical liens, or other subrogated liens, then that party shall give notice of the date, time and place of the Mediation Conference to the lien holder. 4. MEDIATION PROCESS: Mediation is a process in which a neutral and impartial third party, the Mediator, acts to encourage and facilitate the resolution of a dispute without prescribing what it should be. It is an informal and non-adversarial process with the objective of helping the parties to communicate constructively and to voluntarily reach their own mutually acceptable resolution of the issues in dispute. A Mediator does not make rulings, or 2 give legal advice, or impose any settlement on the parties. The Mediator has no power to either compel or enforce settlement agreements. 5. MEDIATION STATEMENTS AND SUMMARIES: No less than 72 hours prior to the Mediation Conference, the Mediator requests that each party furnish to the Mediator (by U.S. mail, facsimile or e-mail), a statement outlining the party’s position, the issues involved, the latest settlement negotiations and designating the persons who will appear at the Mediation Conference. Parties and counsel may attach other documents to the mediation statement, which they wish the Mediator to review. These statements should not be filed with the Court. Any party may communicate through counsel, with the Mediator at any time regarding the conference. All discussions, representations, and statements made at the Mediation Conference shall be privileged as settlement negotiations and nothing related to the Mediation shall be admitted at trial or subject to discovery. 6. COMPENSATION: The Mediator has set forth the terms of compensation, including the cancellation policy for this Mediation, in the addendum attached hereto and incorporated herein as Exhibit “B”. All Mediation charges are to be divided equally among the parties, unless agreed otherwise. 7. SETTLEMENT: It shall be the responsibility of the Plaintiff(s)’ counsel to immediately notify the Court, and the Mediator, in writing, of any settlement or other termination of the litigation. 3 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing has been furnished by electronic service via the e-filing portal, to the below listed parties, this 20 day of April, 2023. Joe Harrison Wade, Esquire Jeffrey Sneed, Esquire Morgan & Morgan Law Office of J. Christopher Norris 501 Riverside Ave., Ste. 1200 PO Box 7217 Jacksonville, FL 32202 London, KY 40742 jwade@forthepeople.com JacksonvilleLegalMail@libertymutual.com cbaxley@forthepeople.com Jeffrey.Sneed@libertymutual.com Attorney for Plaintiff Attorney for Defendant JAX MEDIATION CENTER /s/ Penny W. Schmidt __________ PENNY W. SCHMIDT, ESQ. Mediator Certification No. 15346R 2700 University Boulevard West, Ste. A-1 Jacksonville, FL 32217 (904) 224-7044 (telephone) (904) 833-8882 (facsimile) pschmidt@jaxmediationcenter.com therman@jaxmediationcenter.com 4 5 6 7 8 EXHIBIT “B” (a) RATE OF COMPENSATION: The Mediator shall be compensated at the rate of $375.00 per hour, plus reasonable expenses (i.e., parking, mileage outside of Jacksonville, lunch, etc.). Travel time outside of Duval County will be charged at one-half (½) of the applicable hourly rate. Facility fees will be charged if the Mediation is held at a location other than at Jax Mediation Center. (b) MEDIATOR’S PRE-MEDIATION PREPARATION AND SCHEDULING: The Mediator is entitled to charge one (1) hour for scheduling Mediation, preparing/distributing the Notice of Mediation, and reviewing the parties’ Position Statements, etc. Time in excess of one (1) hour will be charged where review of voluminous materials, telephone conferences or other additional activities are undertaken in preparation for the Mediation. (c) MEDIATION CANCELLATION/RESCHEDULING: If, at any time after 5:00 p.m. on July 26, 2023 , the Mediation Conference is canceled or rescheduled for any reason, or if the parties fail to appear at the Mediation, the Mediator is entitled to charge a cancellation/rescheduling fee to be split equally by the parties, absent agreement among the parties to the contrary, equal to two (2) hours for a scheduled half-day Mediation and four (4) hours for a scheduled full day Mediation. This charge shall be in addition to the one (1) hour charge set forth in paragraph (b) above. To avoid this fee, the parties must notify the Mediator that all parties mutually agree to cancel/reschedule the Mediation prior to the time set out above. Notification of the possibility or likelihood of cancellation/rescheduling, or forgetting to notify the Mediator, shall not be sufficient reason to avoid such fee. (d) MEDIATION SESSION MINIMUM CHARGES: Regardless of the actual time spent during any Mediation, the Mediator may charge a “minimum charge” of two (2) hours for a scheduled half-day Mediation, or four (4) hours for a scheduled full day Mediation. This minimum charge shall be in addition to the one (1) hour charge set forth in paragraph (b) above. (e) MEDIATION RESCHEDULING: If at any time the Mediation Conference is rescheduled, other than at the request of the Mediator, the Mediator is entitled to charge an additional one-half (½) hour for each rescheduling/preparation of the necessary notices. (f) PAYMENTS: Unless otherwise mutually agreed to by the parties and the Mediator, all Mediation charges are to be equally divided between the parties. If more than one party is represented by the same counsel, then said parties will be deemed to be “one party” for the purpose of the Mediator’s charges. All charges for Mediation are payable within thirty (30) days of receipt of the statement from the Mediator. However, if a party is not represented by counsel in the case, then ALL parties are required to PRE-PAY their portion of all charges for Mediation no later than 5:00 p.m. on 07/20/23, or the Mediation will be cancelled and the Mediation will be rescheduled after all payments are received. (g) INTERPRETORS, TECHNICAL EQUIPMENT, SPECIAL ACCOMMODATIONS: A party who requires or intends to utilize an interpreter, technical equipment, or special accommodations shall independently pay for and arrange such services or equipment. These charges will be the sole responsibility of the party unless otherwise ordered by Court, or mutually agreed to by the parties and the Mediator. A party intending to make the use of an interpreter shall notify the Mediator and all parties at least five (5) days prior to the Mediation. (h) JURISDICTION: The parties, and their counsel, by agreeing to utilize the Mediator’s services herein, agree that the Court shall retain jurisdiction to enter sanctions or other enforcement order for a party’s failure to timely pay a Mediator’s fee and costs. 9