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Filing # 124088883 E-Filed 03/31/2021 12:06:09 PM
IN THE COUNTY COURT OF THE 17TH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
CASE NO. COCE21007792_ DIVISION 51 JUDGE Kathleen Mccarthy
Beverly Alexander
Plaintiff(s) / Petitioner(s)
Vv.
Southern Fidelity Insurance Company
Defendant(s) / Respondent(s)
/
ORDER FOR REFERRAL TO MEDIATION (COUNTY COURT)
THE COURT [ X ] sua sponte/[ ] upon the motion of a party, hereby refers the above
captioned matter to mediation as authorized by statute and rules of procedure. It is
ORDERED as follows:
1. Appointment of Mediator
The parties shall within fifteen (15) days of the date of this Order submit to the
undersigned Judge and file with the Clerk of the Courts a stipulation as to the
designation of a mediator. The parties shall within the same time period provide a copy
of the stipulation to the Court Administration Court Mediation and Arbitration Program
(CMAP) in Room 19150, Broward County Courthouse, 201 S.E. Sixth Street, Fort
Lauderdale, Florida 33301.
If the parties fail to timely submit and file a stipulation as to the designation of a
mediator, the Court orders the following:
[ x ] The Court appoints as mediator:
Name: Michael G. Ahearn, Esq.
Address: 2850 N. Andrews Ave., Wilton Manors, FL 33311
Telephone: 954-563-1716
Email: mgaesq@yahoo.com
[ ] Court Mediation and Arbitration Program shall coordinate the date, time, and
location
for the mediation.
#** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 03/31/2021 12:06:08 PM.**#*
CaseNo: COCE21007792
Page 2 of 6
2. If the mediator stipulated to by the parties or appointed by the Court cannot serve,
the parties shall either submit a stipulation with order thereon designating a substitute
mediator or advise the court so that a substitute mediator can be appointed by the
Court.
3. The mediation shall be held within sixty (60) days from the date of this Order in
Broward County, Florida unless both parties and the mediator agree to another
location. If the parties cannot agree on a mediation date falling within this deadline, the
mediator shall unilaterally set the mediation conference. Any party having a conflict
with the date chosen by the mediator must file a motion for continuance with the Court
explaining what specific efforts were made by the parties to agree on a date and why no
agreement could be reached.
4. The appearance of all parties, and their counsel, in person is MANDATORY. Ifa
business entity (i.e. an insurance company, corporation, association, partnership) is a
party, a bona fide representative employed by that company shall also appear having
full authority to settle. If the Court has approved the absence of a party, the attorney
must have full and complete authority to settle from the client and authority to execute
any mediation agreement on behalf of the client, without further consultation. Full
authority means the individual representing the plaintiff has the authority to dismiss the
claim and to pay up to the full amount of the counterclaim and the individual
representing the defendant has the authority to pay up to the full amount of the claim.
5. CONTINUANCES MAY BE GRANTED ONLY BY THE COURT UPON TIMELY WRITTEN
MOTION FOR GOOD CAUSE SHOWN. Even if the parties mutually agree to continue
mediation, they must receive the permission of the Court and file the appropriate
motions in a timely manner. PARTIES SHALL NOT UNILATERALLY CANCEL
MEDIATION FOR ANY REASON EXCEPT SETTLEMENT OF THE CASE AND
NOTIFICATION OF SUCH SETTLEMENT IS PROVIDED IN WRITING TO THE COURT.
6. Parties u ilizing the CMAP shall pay the Clerk of the Courts for mediation in advance
of the mediation session being scheduled. Parties using the designated mediator shall
pay the mediator directly in advance of the mediation session being scheduled. For
those parties using the designated mediator, payment shall be made within fifteen (15)
days of the date of this Order and not less than five (5) days prior to the scheduled
CaseNo: COCE21007792
Page 3 of 6
mediation date. A session shall not exceed one and one-half hours (1.5 hours), unless
both parties agree. For those cases using the CMAP, each party in the case, including
cases with multiple parties, shall pay the Clerk of the Courts sixty dollars ($60.00) per
session prior to the commencement of the mediation. If a party was declared indigent
the fee is not required from that party. If additional sessions are needed, the parties
must pay the Clerk of the Courts in advance and a follow-up mediation appointment will
be scheduled.
FAILURE TO PAY BY ANY PARTY WILL PREVENT THE SCHEDULING OF A MEDIATION
SESSION. THE JUDGE WILL BE NOTIFIED THAT THE PARTY OR PARTIES FAILED TO
PAY. THE CASE WILL BE REFERRED BACK TO THE JUDGE FOR SANCTIONS WHICH
MAY INCLUDE AN AWARD OF MEDIATOR FEES, ATTORNEY’S FEES, OTHER COSTS,
OR OTHER APPROPRIATE REMEDIES.
7. Regarding this Order of referral to mediation, the Court determines that:
[X ] The Plaintiff(s) and the Defendant(s) shall share equally in the cost of mediation
[ ] The Plaintiff(s) shall pay the full amount for all parties in the mediation
[ ] The Defendant(s) shall pay the full amount for all parties in the mediation
[ ] The Clerk of the Courts has certified that the [ ] Plaintiff and/or [ ] the Defendant
is/are indigent
[ ] Other (Please Specify)
If a cost for mediation is imposed above, you may object to mediation on grounds of
financial hardship or on any ground set forth in Fla. R. Civ. P. 1.700 within fifteen (15)
days of the date of this Order.
8. All parties are responsible for full compliance with each provision of this Order. The
Court shall have the power to impose sanctions as authorized by the Florida Rules of
Civil Procedure, for the following:
1. Failure to attend and/or participate in good faith at the mediation conference
without good cause;
2. Failure to pay the mediation fee within the time period set forth in this Order;
3. Failure to obey this Order;
CaseNo: COCE21007792
Page 4 of 6
4. Failure of the parties to appear;
5. Failure of a representative to appear with full authority to settle, without further
consultation;
6. Failure of an attorney to appear with full authority to act on behalf of the client, if
the Court has granted the absence of a party;
7. Failure to obtain permission of the Court for a continuance.
9. Plaintiffs and Defendants shall present a brief written summary of the case to the
mediator, at least one week before the mediation conference. This summary shall
include a list of outstanding issues in the case.
10. The conferences are governed by the Mediation Confidentiality and Privilege Act as
well as applicable rules of procedure.
11. Parties utilizing their own private mediators shall pay the mediator directly based
upon arrangements the parties make with the mediator. In addition, the private
mediator is responsible for all administrative functions pertaining to the mediation
including securing a space outside courthouse locations. Any private mediator chosen
is subject to all relevant provisions of this Order, including deadlines.
12. Parties shall notify the CMAP if settlement is reached prior to a scheduled mediation
date. Mediation shall not be canceled until a copy of the settlement is provided to CMAP
and the Court. There shall be no refunds for payments made to CMAP.
13. Because of related work done upon referral of a case to mediation to a designated
mediator, a minimum of one hour of designated mediator time is deemed earned as of
the fifteen (15) day payment deadline specified in paragraph 6 above, even if the parties
settle prior to the mediation date.
14. If a settlement or partial settlement is reached, it shall be reduced to writing in the
presence of the mediator, signed by all parties or their counsel, and promptly submitted
to the Court.
CaseNo: COCE21007792
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15. Within ten (10) days following the completion of mediation, the designated mediator
or the private mediator shall complete and file the mediation report via the eportal. For
cases using the CMAP, within thirty (30) days following completion of mediation, the
mediator shall complete and return the Statistical Information Sheet, Mediator
Timesheets, and State Invoice to the CMAP, Director, Broward County Courthouse,
Room 19150, 201 SE 6th St., Fort Lauderdale, FL 33301.
16. The parties are responsible for providing their own interpreter, if one is needed.
Neither the Court nor the CMAP Office provides interpreters for County Court Civil
cases.
Copies furnished:
Plaintiff -Saul Escobar, Esq. Attorney for the Plaintiff, via eservice at
scobar@edclaw.com; 305-324-9823; 1341 SW 4st St., Miami FL 33135
Defendant -Ricardo Gomez, Esq., Attorney for the Defendant via eservice at
rgomez@pmains.com; 850-906-1254; 2 S. University Dr., Suite 110 Plantation FL 33324
Mediator - Via Email
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 Diana Sobel, 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 receiving this notification if the time before the
scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.
DONE and ORDERED in Chambers, at Broward County, Florida on 03-31-2021.
COCE21007792 03-31-2021 11:50 AM
Hon. Kathleen Mccarthy
COUNTY JUDGE
Electronically Signed by Kathleen Mccarthy
Copies Furnished To:
Michael Ahearn, Esq. , E-mail : mgaesq@yahoo.com
Ricardo Antonio Gomez , E-mail : bbehan@pmains.com
Ricardo Antonio Gomez , E-mail : rgomez@pmains.com
CaseNo: COCE21007792
Page 6 of 6
Saul Escobar Esq. , E-mail : escobar@edclaw.com
Saul Escobar Esq. , E-mail : azuniga@edclaw.com
Saul Escobar Esq. , E-mail : eservice@edclaw.com
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Filing # 124088883 E-Filed 03/31/2021 12:06:09 PM IN THE COUNTY COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO. COCE21007792_ DIVISION 51 JUDGE Kathleen Mccarthy Beverly Alexander Plaintiff(s) / Petitioner(s) Vv. Southern Fidelity Insurance Company Defendant(s) / Respondent(s) / ORDER FOR REFERRAL TO MEDIATION (COUNTY COURT) THE COURT [ X ] sua sponte/[ ] upon the motion of a party, hereby refers the above captioned matter to mediation as authorized by statute and rules of procedure. It is ORDERED as follows: 1. Appointment of Mediator The parties shall within fifteen (15) days of the date of this Order submit to the undersigned Judge and file with the Clerk of the Courts a stipulation as to the designation of a mediator. The parties shall within the same time period provide a copy of the stipulation to the Court Administration Court Mediation and Arbitration Program (CMAP) in Room 19150, Broward County Courthouse, 201 S.E. Sixth Street, Fort Lauderdale, Florida 33301. If the parties fail to timely submit and file a stipulation as to the designation of a mediator, the Court orders the following: [ x ] The Court appoints as mediator: Name: Michael G. Ahearn, Esq. Address: 2850 N. Andrews Ave., Wilton Manors, FL 33311 Telephone: 954-563-1716 Email: mgaesq@yahoo.com [ ] Court Mediation and Arbitration Program shall coordinate the date, time, and location for the mediation. #** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 03/31/2021 12:06:08 PM.**#* CaseNo: COCE21007792 Page 2 of 6 2. If the mediator stipulated to by the parties or appointed by the Court cannot serve, the parties shall either submit a stipulation with order thereon designating a substitute mediator or advise the court so that a substitute mediator can be appointed by the Court. 3. The mediation shall be held within sixty (60) days from the date of this Order in Broward County, Florida unless both parties and the mediator agree to another location. If the parties cannot agree on a mediation date falling within this deadline, the mediator shall unilaterally set the mediation conference. Any party having a conflict with the date chosen by the mediator must file a motion for continuance with the Court explaining what specific efforts were made by the parties to agree on a date and why no agreement could be reached. 4. The appearance of all parties, and their counsel, in person is MANDATORY. Ifa business entity (i.e. an insurance company, corporation, association, partnership) is a party, a bona fide representative employed by that company shall also appear having full authority to settle. If the Court has approved the absence of a party, the attorney must have full and complete authority to settle from the client and authority to execute any mediation agreement on behalf of the client, without further consultation. Full authority means the individual representing the plaintiff has the authority to dismiss the claim and to pay up to the full amount of the counterclaim and the individual representing the defendant has the authority to pay up to the full amount of the claim. 5. CONTINUANCES MAY BE GRANTED ONLY BY THE COURT UPON TIMELY WRITTEN MOTION FOR GOOD CAUSE SHOWN. Even if the parties mutually agree to continue mediation, they must receive the permission of the Court and file the appropriate motions in a timely manner. PARTIES SHALL NOT UNILATERALLY CANCEL MEDIATION FOR ANY REASON EXCEPT SETTLEMENT OF THE CASE AND NOTIFICATION OF SUCH SETTLEMENT IS PROVIDED IN WRITING TO THE COURT. 6. Parties u ilizing the CMAP shall pay the Clerk of the Courts for mediation in advance of the mediation session being scheduled. Parties using the designated mediator shall pay the mediator directly in advance of the mediation session being scheduled. For those parties using the designated mediator, payment shall be made within fifteen (15) days of the date of this Order and not less than five (5) days prior to the scheduled CaseNo: COCE21007792 Page 3 of 6 mediation date. A session shall not exceed one and one-half hours (1.5 hours), unless both parties agree. For those cases using the CMAP, each party in the case, including cases with multiple parties, shall pay the Clerk of the Courts sixty dollars ($60.00) per session prior to the commencement of the mediation. If a party was declared indigent the fee is not required from that party. If additional sessions are needed, the parties must pay the Clerk of the Courts in advance and a follow-up mediation appointment will be scheduled. FAILURE TO PAY BY ANY PARTY WILL PREVENT THE SCHEDULING OF A MEDIATION SESSION. THE JUDGE WILL BE NOTIFIED THAT THE PARTY OR PARTIES FAILED TO PAY. THE CASE WILL BE REFERRED BACK TO THE JUDGE FOR SANCTIONS WHICH MAY INCLUDE AN AWARD OF MEDIATOR FEES, ATTORNEY’S FEES, OTHER COSTS, OR OTHER APPROPRIATE REMEDIES. 7. Regarding this Order of referral to mediation, the Court determines that: [X ] The Plaintiff(s) and the Defendant(s) shall share equally in the cost of mediation [ ] The Plaintiff(s) shall pay the full amount for all parties in the mediation [ ] The Defendant(s) shall pay the full amount for all parties in the mediation [ ] The Clerk of the Courts has certified that the [ ] Plaintiff and/or [ ] the Defendant is/are indigent [ ] Other (Please Specify) If a cost for mediation is imposed above, you may object to mediation on grounds of financial hardship or on any ground set forth in Fla. R. Civ. P. 1.700 within fifteen (15) days of the date of this Order. 8. All parties are responsible for full compliance with each provision of this Order. The Court shall have the power to impose sanctions as authorized by the Florida Rules of Civil Procedure, for the following: 1. Failure to attend and/or participate in good faith at the mediation conference without good cause; 2. Failure to pay the mediation fee within the time period set forth in this Order; 3. Failure to obey this Order; CaseNo: COCE21007792 Page 4 of 6 4. Failure of the parties to appear; 5. Failure of a representative to appear with full authority to settle, without further consultation; 6. Failure of an attorney to appear with full authority to act on behalf of the client, if the Court has granted the absence of a party; 7. Failure to obtain permission of the Court for a continuance. 9. Plaintiffs and Defendants shall present a brief written summary of the case to the mediator, at least one week before the mediation conference. This summary shall include a list of outstanding issues in the case. 10. The conferences are governed by the Mediation Confidentiality and Privilege Act as well as applicable rules of procedure. 11. Parties utilizing their own private mediators shall pay the mediator directly based upon arrangements the parties make with the mediator. In addition, the private mediator is responsible for all administrative functions pertaining to the mediation including securing a space outside courthouse locations. Any private mediator chosen is subject to all relevant provisions of this Order, including deadlines. 12. Parties shall notify the CMAP if settlement is reached prior to a scheduled mediation date. Mediation shall not be canceled until a copy of the settlement is provided to CMAP and the Court. There shall be no refunds for payments made to CMAP. 13. Because of related work done upon referral of a case to mediation to a designated mediator, a minimum of one hour of designated mediator time is deemed earned as of the fifteen (15) day payment deadline specified in paragraph 6 above, even if the parties settle prior to the mediation date. 14. If a settlement or partial settlement is reached, it shall be reduced to writing in the presence of the mediator, signed by all parties or their counsel, and promptly submitted to the Court. CaseNo: COCE21007792 Page 5 of 6 15. Within ten (10) days following the completion of mediation, the designated mediator or the private mediator shall complete and file the mediation report via the eportal. For cases using the CMAP, within thirty (30) days following completion of mediation, the mediator shall complete and return the Statistical Information Sheet, Mediator Timesheets, and State Invoice to the CMAP, Director, Broward County Courthouse, Room 19150, 201 SE 6th St., Fort Lauderdale, FL 33301. 16. The parties are responsible for providing their own interpreter, if one is needed. Neither the Court nor the CMAP Office provides interpreters for County Court Civil cases. Copies furnished: Plaintiff -Saul Escobar, Esq. Attorney for the Plaintiff, via eservice at scobar@edclaw.com; 305-324-9823; 1341 SW 4st St., Miami FL 33135 Defendant -Ricardo Gomez, Esq., Attorney for the Defendant via eservice at rgomez@pmains.com; 850-906-1254; 2 S. University Dr., Suite 110 Plantation FL 33324 Mediator - Via Email 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 Diana Sobel, 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 receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711. DONE and ORDERED in Chambers, at Broward County, Florida on 03-31-2021. COCE21007792 03-31-2021 11:50 AM Hon. Kathleen Mccarthy COUNTY JUDGE Electronically Signed by Kathleen Mccarthy Copies Furnished To: Michael Ahearn, Esq. , E-mail : mgaesq@yahoo.com Ricardo Antonio Gomez , E-mail : bbehan@pmains.com Ricardo Antonio Gomez , E-mail : rgomez@pmains.com CaseNo: COCE21007792 Page 6 of 6 Saul Escobar Esq. , E-mail : escobar@edclaw.com Saul Escobar Esq. , E-mail : azuniga@edclaw.com Saul Escobar Esq. , E-mail : eservice@edclaw.com