Preview
Filing# 166580467 E-Filed 02/10/2023 01:50:10 PM
IN THE CIRCUIT COURT OF THE SEVENTEENTH
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO.: CACE-21-016648
ADRIANA HINCAPIE and NICOLAS HINCAPIE,
PLAINTIFF(s),
V
JOSEPH BERNARD WEZKIEWICZ,
DEFENDANT(s).
i
Karl Labertew, Esquire Sheri Critelli,
Esquire
Rubenstein Law Nicholas J. Ryan &
Associates
200 Orange Ave., Ste 2000
S. 110 S.E. 6th Street, Suite 2100
Orlando, FL 32801 Ft. Lauderdale, FL 33301-5052
Email: klabertew@rubensteinlaw.com; Email: flor.law-
jyeje@rubensteinlaw.com shericritelli.298019@statefarm.com
Ryan G. Myers, Esquire
Williams, Leininger & Cosby
11300 US Highway 1, Ste 300
North Palm Beach, FL 33408-3236
Email: nnyers@wlclaw.com;
eservice@wlclaw.com
NOTICE OF MEDIATION
YOU ARE HEREBY NOTIFIED, pursuant to the agreement of the parties and the provisions of
Florida Statutes Chapter 44, that a Mediation Conference has been scheduled as follows:
Mediator: Steven R. Jaffe
Mediation Date: June 28,2023
Mediation Time: 10:00 a.m.
Mediation Location: Zoom Video Conference
Time Reserved: 4.00 Hours
The terms and provisions of the confirmation letter accompanying this Notice of Mediation are hereby
incorporated by reference into this Notice of Mediation.
If you are a person with a disability who needs any accommodation in order to participate in this
proceeding, you are entitled to the provision of certain assistance at no cost to you. Please contact the ADA
Coordinator in the Administrative office of Upchurch Watson White &
Max, 125 S. Palmetto Avenue,
Daytona Beach, FL 32114, Telephone 386-253-1560 or 800-264-2622, within two (2) working days of
receiptof this Notice of Mediation.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 02/10/2023 01:50:10 PM.****
IHEREBY CERTIFY that a true and correct copy of the foregoingNotice of Mediation has
been served by e-mail to the above named addressees on Friday,February 10, 2023.
UPCHURCH WATSON WHITE & MAX
Royal Palm at Southpointe
900 South Pine Island Road, Suite 410
Plantation, FL 33324
Phone: 954-423-8856 / Fax: 954-334-2838
Toll Free: 800-863-1462
Website: www.uww-adr.com
BY:
/s/Steven R. Jaffe
Mediator # 35295R
FL BAR No. 390770
SOUTH FLORIDA + SOUTHEAST + UNITED STATES
Toll Free: 800-863-1462
Direct: 954-423-8856
E-mail: sjaffe(*uww-adr.com
Website: www.uww-adr.com
MEDIATION COMMUNICATION - STRICTLY CONFIDENTIAL
VIA EMAIL
Re: Hincapie vs Wezkiewicz
Our File No: 23SRJ-181
Dear Attorneys:
the terms upon which Upchurch Watson White & Max has
This letter sets forth
agreed to
provide mediation services on behalf of the parties to this action or proceeding.
It is your request that Steven Jaffe provide the mediation services to be rendered under
this agreement.
1. Schedule. The mediation services have been scheduled as indicated in
the Notice of Mediation accompanying this confirmation letter.
Mr. Jaffe strongly encourages all parties, representatives, insurers or others
having an interest in the negotiations to be present at the mediation on
the scheduled date.
the complexities of the issues involved, Mr. Jaffe strongly suggests
In light of
engaging counsel in pre-mediation attorney caucuses. Should you wish to
contact me in this regards, please do not hesitate. hcohen@uww-adr.com.
2. Conduct of Mediation. Unless otherwise agreed by the parties or ordered
by the presiding judge, the mediation will be conducted in accordance
with F/a. R.Civ.P. 1.700 - 1.730, and Chapter 44, F/orida Statutes, including all
included protections of privilege, confidentiality and immunity. If a
Stipulation to Mediate is executed by the parties, the terms of this
engagement should be incorporated by reference and be considered
controlling. In the event an order of mediation is entered by the Court, this
agreement shall constitute your waiver of any terms of the order that are
inconsistent herewith, and shall further constitute your specific acceptance
of the terms set forth herein.
3. Submissions. Mr. Jaffe will review all relevant documents in the case and
such other materials as you may regard as relevant. We request that you
e-mail a case summary to Steve Jaffe at sjaffe@uww-adr.com and Heidi
Cohen at hcohen@uww-adr.com as soon as possible, or within 10 days prior
to the mediation. We encourage that all case summaries be exchanged
with opposing counsel. Any confidential communication to Mr. Jaffe may
be made through a confidential addendum. (A suggested case summary
outline is located below). When sending hard copies, please contact our
office for the best physical mailing address.
PLEASE DIRECT ALL CORRESPONDENCE TO:
900 SOUTH PINE ISLAND ROAD, SUITE 410, PLANTATION, FL 33324
ORMOND BEACH 0 MAITLAND/ORLANDO 0 OCALA 0 JACKSONVILLE 0 FORT LAUDERDALE 0 WEST PALM BEACH 0 1VhAMI 0 BIRMINGHAM
4. Mediation Fees and Costs (if any). The fees for mediation services will be
invoiced at the hourly rate of $595 to be divided equally between each party
who participate in the mediation process, or as otherwise agreed. This hourly
rate will be applied to all services rendered by Mr. Jaffe including coordination,
pre-mediation caucuses, preparation, and conduct of the mediation to
include travel time and costs thereof,(when outside the Miami-
Dade/Broward/Palm Beach Counties area) together with post mediation
services rendered. When outside the Miami-Dade/Broward/Palm Beach
Counties area other expenses associated with the mediation may include
ground transportation and meals. Due to the demands on Mr.
airfare, hotel,
Jaffe'scalendar within and outside the State of Florida, the minimum charge for
half-day mediation services shall be no less than four (4) hours per day. For
cases scheduled for the full day, or more than 4 hours, there is an eight (8) hour
minimum charge.
Class/Mass Actions - Mediation Fees The fees for mediation services will be
invoiced at a day rate of $8,500 to be divided equally between the parties
who participate in the mediation process, or as otherwise agreed. Mass
actions are those mediations having in excess of ten (10) claimants. The
day rate will include all services rendered by Mr. Jaffe including
coordination, preparation, and conduct of the mediation not to exceed a
10 hour mediation day. Travel time and other expenses associated with the
mediation travel, which may include airfare, hotel, ground transportation
and meals, will be billed separately. Pre and post mediation services will be
invoiced at the hourly rate of $650 to be divided equally between the
parties who participate in the mediation process, or as otherwise agreed.
5. Fee Allocation. Unless otherwise directed, the total fees and incurred costs
will be allocated equally between the parties who participate in the
mediation process. A detailed invoice will be submitted to each party
following the conclusion of the mediation covering all time and costs
expended in connection with the engagement as of the invoice date. All
invoices and payables are due upon receipt. Follow-up work performed
after the mediation session may be billed by separate invoice.
6. Cancellation Policy. Cancellations of all-day cases place an undue
burden upon the mediator. Therefore, we must receive at least 10 business
days notice in order to avoid an 8-hour cancellation charge. All 4-hour
cases cancelled less than 5 business days prior to the mediation are also
subject to a cancellation charge of 50% of the time reserved for the
mediation. THESE CHARGES ALSO APPLY TO SETTLED CASES. PLEASE FACTOR
THIS IN WHEN SETTLING YOUR CASE WITHIN THE CANCELLATION PERIOD.
7. Responsibility for Mediation Fee. While understood that our invoice may
it is
be subject to reimbursement from your client, or even forwarded to your
client for direct payment, please understand this engagement has been
accepted in reliance upon our relationship with you and your firm. In other
words, Upchurch Watson White & Max is extending credit to your law firm,
and not to your client. Should your firm not agree to assure payment,
please advise us in writing no less than ten (10) days before the mediation,
together with the name and contact information of the financially
responsible client representative, in order that we may invoice directly for
a security deposit.
8. Preparation of documents. On occasion, Mr. Jaffe's mediation services
may include the preparation of written summaries of interim or final
agreements reached during the mediation process. All such
documentation is subject to full review, editing and approval by both the
parties and their counsel. By accepting the terms of this engagement,
counsel and their parties hereby agree that such services as may be
rendered by Mr. Jaffe shall not be considered the practice of law or in any
representative capacity to any party involved in this mediation.
If you have any questions concerning these arrangements, please contact me
immediately.
We
appreciate the opportunity to serve each of you, and we look forward to
assisting you in the negotiated resolution of this matter.
Sincerely,
UPCHURCH WATSON WHITE & MAX
/s/ Heidi Cohen
Mediation Coordinator
Please note: Steven Jaffe and other UWWM Neutrals and Mediators are provided administrative support
and staff support
services, includingscheduling,billing, by LitigationServices LLC, its subsidiaries or
affiliates ("LitigationServices"). LitigationServices is a nationwide provider of court reporting services
with plans for future development in ADR and other litigationsupport services to law firms, insurance
and litigation
companies, corporations, Neutrals and Mediators with
participants. UWWM are independent
contractors with no financial interest or involvement in any services provided or to be provided by
LitigationServices, other than the ADR Services the UWWM professionalsprovide.
SUGGESTED CONTENTS AND CONSIDERATIONS
FOR POSITION STATEMENTS
, A brief recitation of the facts that gave rise to the litigation.
. The present posture of the case (any matters pending in court or in any related
litigation).
, Any recent developments that may impact on the resolution of the case.
, The history of any efforts to settle the case including any prior offers or
deinands.
. A summary of the parties' legal positions and a candid assessment of their
respective strengths and weaknesses.
, Identification of parties, representatives and counsel who will be directly
involved in the mediation discussions; and a confirmation of their authority to
settle the case.
.
Description of any sensitive issues that may influence any settlement
negotiations.
, The nature and extent of any prior or future relationship between the parties
that may affect the mediation.
. The negotiating strategy of the parties and counsel.
.
Any suggested approach you would like me, as your mediator, to take in an
attempt to settle the case.
.
Any creative solutions.
NOTE: While I urge that the position statement be shared with your opposition (the
more your opposition understands about your position, the better able your
opposition will be able to negotiate with you), you may make your statement
confidential in whole or in part, at your discretion. I would suggest that to the extent
that you wish to make a portion of your statement confidential, you present it to me
n
in a "blind p.s.".
Hincapie vs Wezkiewicz
Our File No. 23SRJ-181 Date: June 28,2023
MEDIATION CONFIDENTIALITY AGREEMENT
The above-styled case is in mediation for the purpose of attempting to achieve resolution.
During the period of this mediation (which period includes commencement, preparation,
conduct and post-mediation efforts) all communications and exchanges of information
whether verbal or in writing shall be and remain confidential. Said communications shall
be inadmissible in a court of law and at no time disclosed to judge, jury, or any appellate
court.
This Mediation Confidentiality Agreement shall remain in effect regardless of the
termination of the mediation. To the extent that any party wishes to terminate their
participation while others continue the mediation process, said terminating party shall be
excluded from any communications while mediation communications continue under the
terms of this agreement. Once the mediation
is terminated in full, this Mediation
Confidentiality Agreement continue to protect all communications made from the
shall
commencement of the mediation through the date of said termination.
The above terms and conditions are agreed upon by all parties and their counsel
as evidence below by the execution of this agreement.
Done and Agreed: June 28,2023.
Sign: Sign:
Print Name: Print Name:
Email Address: Email Address:
Sign: Sign:
Print Name: Print Name:
Email Address: Email Address:
Sign: Sign:
Print Name: Print Name:
Email Address: Email Address:
Preview
Filing# 166580467 E-Filed 02/10/2023 01:50:10 PM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: CACE-21-016648 ADRIANA HINCAPIE and NICOLAS HINCAPIE, PLAINTIFF(s), V JOSEPH BERNARD WEZKIEWICZ, DEFENDANT(s). i Karl Labertew, Esquire Sheri Critelli, Esquire Rubenstein Law Nicholas J. Ryan & Associates 200 Orange Ave., Ste 2000 S. 110 S.E. 6th Street, Suite 2100 Orlando, FL 32801 Ft. Lauderdale, FL 33301-5052 Email: klabertew@rubensteinlaw.com; Email: flor.law- jyeje@rubensteinlaw.com shericritelli.298019@statefarm.com Ryan G. Myers, Esquire Williams, Leininger & Cosby 11300 US Highway 1, Ste 300 North Palm Beach, FL 33408-3236 Email: nnyers@wlclaw.com; eservice@wlclaw.com NOTICE OF MEDIATION YOU ARE HEREBY NOTIFIED, pursuant to the agreement of the parties and the provisions of Florida Statutes Chapter 44, that a Mediation Conference has been scheduled as follows: Mediator: Steven R. Jaffe Mediation Date: June 28,2023 Mediation Time: 10:00 a.m. Mediation Location: Zoom Video Conference Time Reserved: 4.00 Hours The terms and provisions of the confirmation letter accompanying this Notice of Mediation are hereby incorporated by reference into this Notice of Mediation. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled to the provision of certain assistance at no cost to you. Please contact the ADA Coordinator in the Administrative office of Upchurch Watson White & Max, 125 S. Palmetto Avenue, Daytona Beach, FL 32114, Telephone 386-253-1560 or 800-264-2622, within two (2) working days of receiptof this Notice of Mediation. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 02/10/2023 01:50:10 PM.**** IHEREBY CERTIFY that a true and correct copy of the foregoingNotice of Mediation has been served by e-mail to the above named addressees on Friday,February 10, 2023. UPCHURCH WATSON WHITE & MAX Royal Palm at Southpointe 900 South Pine Island Road, Suite 410 Plantation, FL 33324 Phone: 954-423-8856 / Fax: 954-334-2838 Toll Free: 800-863-1462 Website: www.uww-adr.com BY: /s/Steven R. Jaffe Mediator # 35295R FL BAR No. 390770 SOUTH FLORIDA + SOUTHEAST + UNITED STATES Toll Free: 800-863-1462 Direct: 954-423-8856 E-mail: sjaffe(*uww-adr.com Website: www.uww-adr.com MEDIATION COMMUNICATION - STRICTLY CONFIDENTIAL VIA EMAIL Re: Hincapie vs Wezkiewicz Our File No: 23SRJ-181 Dear Attorneys: the terms upon which Upchurch Watson White & Max has This letter sets forth agreed to provide mediation services on behalf of the parties to this action or proceeding. It is your request that Steven Jaffe provide the mediation services to be rendered under this agreement. 1. Schedule. The mediation services have been scheduled as indicated in the Notice of Mediation accompanying this confirmation letter. Mr. Jaffe strongly encourages all parties, representatives, insurers or others having an interest in the negotiations to be present at the mediation on the scheduled date. the complexities of the issues involved, Mr. Jaffe strongly suggests In light of engaging counsel in pre-mediation attorney caucuses. Should you wish to contact me in this regards, please do not hesitate. hcohen@uww-adr.com. 2. Conduct of Mediation. Unless otherwise agreed by the parties or ordered by the presiding judge, the mediation will be conducted in accordance with F/a. R.Civ.P. 1.700 - 1.730, and Chapter 44, F/orida Statutes, including all included protections of privilege, confidentiality and immunity. If a Stipulation to Mediate is executed by the parties, the terms of this engagement should be incorporated by reference and be considered controlling. In the event an order of mediation is entered by the Court, this agreement shall constitute your waiver of any terms of the order that are inconsistent herewith, and shall further constitute your specific acceptance of the terms set forth herein. 3. Submissions. Mr. Jaffe will review all relevant documents in the case and such other materials as you may regard as relevant. We request that you e-mail a case summary to Steve Jaffe at sjaffe@uww-adr.com and Heidi Cohen at hcohen@uww-adr.com as soon as possible, or within 10 days prior to the mediation. We encourage that all case summaries be exchanged with opposing counsel. Any confidential communication to Mr. Jaffe may be made through a confidential addendum. (A suggested case summary outline is located below). When sending hard copies, please contact our office for the best physical mailing address. PLEASE DIRECT ALL CORRESPONDENCE TO: 900 SOUTH PINE ISLAND ROAD, SUITE 410, PLANTATION, FL 33324 ORMOND BEACH 0 MAITLAND/ORLANDO 0 OCALA 0 JACKSONVILLE 0 FORT LAUDERDALE 0 WEST PALM BEACH 0 1VhAMI 0 BIRMINGHAM 4. Mediation Fees and Costs (if any). The fees for mediation services will be invoiced at the hourly rate of $595 to be divided equally between each party who participate in the mediation process, or as otherwise agreed. This hourly rate will be applied to all services rendered by Mr. Jaffe including coordination, pre-mediation caucuses, preparation, and conduct of the mediation to include travel time and costs thereof,(when outside the Miami- Dade/Broward/Palm Beach Counties area) together with post mediation services rendered. When outside the Miami-Dade/Broward/Palm Beach Counties area other expenses associated with the mediation may include ground transportation and meals. Due to the demands on Mr. airfare, hotel, Jaffe'scalendar within and outside the State of Florida, the minimum charge for half-day mediation services shall be no less than four (4) hours per day. For cases scheduled for the full day, or more than 4 hours, there is an eight (8) hour minimum charge. Class/Mass Actions - Mediation Fees The fees for mediation services will be invoiced at a day rate of $8,500 to be divided equally between the parties who participate in the mediation process, or as otherwise agreed. Mass actions are those mediations having in excess of ten (10) claimants. The day rate will include all services rendered by Mr. Jaffe including coordination, preparation, and conduct of the mediation not to exceed a 10 hour mediation day. Travel time and other expenses associated with the mediation travel, which may include airfare, hotel, ground transportation and meals, will be billed separately. Pre and post mediation services will be invoiced at the hourly rate of $650 to be divided equally between the parties who participate in the mediation process, or as otherwise agreed. 5. Fee Allocation. Unless otherwise directed, the total fees and incurred costs will be allocated equally between the parties who participate in the mediation process. A detailed invoice will be submitted to each party following the conclusion of the mediation covering all time and costs expended in connection with the engagement as of the invoice date. All invoices and payables are due upon receipt. Follow-up work performed after the mediation session may be billed by separate invoice. 6. Cancellation Policy. Cancellations of all-day cases place an undue burden upon the mediator. Therefore, we must receive at least 10 business days notice in order to avoid an 8-hour cancellation charge. All 4-hour cases cancelled less than 5 business days prior to the mediation are also subject to a cancellation charge of 50% of the time reserved for the mediation. THESE CHARGES ALSO APPLY TO SETTLED CASES. PLEASE FACTOR THIS IN WHEN SETTLING YOUR CASE WITHIN THE CANCELLATION PERIOD. 7. Responsibility for Mediation Fee. While understood that our invoice may it is be subject to reimbursement from your client, or even forwarded to your client for direct payment, please understand this engagement has been accepted in reliance upon our relationship with you and your firm. In other words, Upchurch Watson White & Max is extending credit to your law firm, and not to your client. Should your firm not agree to assure payment, please advise us in writing no less than ten (10) days before the mediation, together with the name and contact information of the financially responsible client representative, in order that we may invoice directly for a security deposit. 8. Preparation of documents. On occasion, Mr. Jaffe's mediation services may include the preparation of written summaries of interim or final agreements reached during the mediation process. All such documentation is subject to full review, editing and approval by both the parties and their counsel. By accepting the terms of this engagement, counsel and their parties hereby agree that such services as may be rendered by Mr. Jaffe shall not be considered the practice of law or in any representative capacity to any party involved in this mediation. If you have any questions concerning these arrangements, please contact me immediately. We appreciate the opportunity to serve each of you, and we look forward to assisting you in the negotiated resolution of this matter. Sincerely, UPCHURCH WATSON WHITE & MAX /s/ Heidi Cohen Mediation Coordinator Please note: Steven Jaffe and other UWWM Neutrals and Mediators are provided administrative support and staff support services, includingscheduling,billing, by LitigationServices LLC, its subsidiaries or affiliates ("LitigationServices"). LitigationServices is a nationwide provider of court reporting services with plans for future development in ADR and other litigationsupport services to law firms, insurance and litigation companies, corporations, Neutrals and Mediators with participants. UWWM are independent contractors with no financial interest or involvement in any services provided or to be provided by LitigationServices, other than the ADR Services the UWWM professionalsprovide. SUGGESTED CONTENTS AND CONSIDERATIONS FOR POSITION STATEMENTS , A brief recitation of the facts that gave rise to the litigation. . The present posture of the case (any matters pending in court or in any related litigation). , Any recent developments that may impact on the resolution of the case. , The history of any efforts to settle the case including any prior offers or deinands. . A summary of the parties' legal positions and a candid assessment of their respective strengths and weaknesses. , Identification of parties, representatives and counsel who will be directly involved in the mediation discussions; and a confirmation of their authority to settle the case. . Description of any sensitive issues that may influence any settlement negotiations. , The nature and extent of any prior or future relationship between the parties that may affect the mediation. . The negotiating strategy of the parties and counsel. . Any suggested approach you would like me, as your mediator, to take in an attempt to settle the case. . Any creative solutions. NOTE: While I urge that the position statement be shared with your opposition (the more your opposition understands about your position, the better able your opposition will be able to negotiate with you), you may make your statement confidential in whole or in part, at your discretion. I would suggest that to the extent that you wish to make a portion of your statement confidential, you present it to me n in a "blind p.s.". Hincapie vs Wezkiewicz Our File No. 23SRJ-181 Date: June 28,2023 MEDIATION CONFIDENTIALITY AGREEMENT The above-styled case is in mediation for the purpose of attempting to achieve resolution. During the period of this mediation (which period includes commencement, preparation, conduct and post-mediation efforts) all communications and exchanges of information whether verbal or in writing shall be and remain confidential. Said communications shall be inadmissible in a court of law and at no time disclosed to judge, jury, or any appellate court. This Mediation Confidentiality Agreement shall remain in effect regardless of the termination of the mediation. To the extent that any party wishes to terminate their participation while others continue the mediation process, said terminating party shall be excluded from any communications while mediation communications continue under the terms of this agreement. Once the mediation is terminated in full, this Mediation Confidentiality Agreement continue to protect all communications made from the shall commencement of the mediation through the date of said termination. The above terms and conditions are agreed upon by all parties and their counsel as evidence below by the execution of this agreement. Done and Agreed: June 28,2023. Sign: Sign: Print Name: Print Name: Email Address: Email Address: Sign: Sign: Print Name: Print Name: Email Address: Email Address: Sign: Sign: Print Name: Print Name: Email Address: Email Address: