Preview
Filing # 125919529 E-Filed 04/30/2021 10:35:25 AM
IN THE CIRCUIT COURT OF THE
NINTH JUDICIAL CIRCUIT, IN AND
FOR OSCEOLA COUNTY, FLORIDA
CASE NO. 2017-CA-2703
ARACELIS DEJESUS,
Plaintiff,
VS.
RUSSELL GIBSON, SHERIFF OF
OSCEOLA COUNTY IN HIS OFFICIAL
CAPACITY,
Defendant.
/
ORDER APPOINTING MEDIATOR AND
REFERRING CASE TO MEDIATION
COMES NOW the Plaintiff, ARACELIS DEJESUS, by and through her undersigned
attorneys, and hereby files this proposed Order Appointing Mediator and Referring Case to
Mediation, in compliance with the Court’s Order Setting Case for Jury Trial; Pre-Trial Conference
and Requiring Pre-Trial Matters to be Completed, dated December 16, 2020, and as the parties
have agreed upon a Mediator, it is therefore,
ORDERED AND ADJUDGED, that:
1. Mediator, Stan Strickland, of Mediate First is appointed as the Court's Mediator to
attempt to achieve a settlement in this case.
2. A Mediation Conference shall be held on Thursday, May 13", 2021, at 1:30 p.m.,
via zoom.
3. THE GENERAL RULES GOVERNING SAID MEDIATION CONFERENCE
SHALL BE AS FOLLOWS:
(a) THE APPEARANCE OF COUNSEL AND THEIR CLIENTS (A
MANAGEMENT REPRESENTATIVE IF A CORPORATE PARTY) WITH FULL
AUTHORITY TO ENTER INTO A FULL AND COMPLETE COMPROMISE AND
SETTLEMENT IS MANDATORY. AN INSURED PARTY MUST HAVE A FULLY
AUTHORIZED REPRESENTATIVE OF THE INSURANCE COMPANY ATTEND THE
MEDIATION CONFERENCE. THE CARRIER'S REPRESENTATIVE PRESENT AT THE
CONFERENCE MUST HAVE FULL AND ABSOLUTE AUTHORITY TO RESOLVE THE
MATTER. THE PARTIES HAVE AGREED THAT THE CARRIER’S REPRESENTATIVE
WILL APPEAR VIA ZOOM.
(b) Ifa party fails to appear at a duly noticed mediation conference without good
cause, sanctions may be applied in accordance with Rule 1.720(f), Florida Rules of Civil
Procedure. The participants shall be prepared to spend as much time as is necessary to settle the
case or until an impasse is declared by the Mediator.
(c) The parties shall present a brief WRITTEN SUMMARY OF THE FACTS
AND ISSUES to the Mediator FIVE (5) DAYS before the Conference. Counsel for corporate
parties will state the name and general job description of the employee or agent who will attend
the Conference and represent the corporate party. All discussions, representations and
statements made at the Mediation Conference shall be privileged as settlement negotiations and
nothing related to the conference shall be admitted at trial or subject to discovery.
4. The Plaintiff's attorney is hereby appointed as lead attorney to work with the Mediator
and to coordinate the Mediation Conference. In the event it becomes impossible for an attorney
or party to attend the scheduled Mediation Conference, coordination for rescheduling shall be done
through the lead attorney to the Mediator. The lead attorney shall send a letterto the Court advising
it of the new Conference date, with a copy of same being furnished to all parties and the Mediator,
confirming said change. The conditions stated in this Order will remain in effect.
5. The Mediator shall be compensated at the rate of $365.00 per hour, which cost shall be
borne by the parties equally. The Mediator, Stan Strickland, may be corresponded with at Mediate
First, 200 East Robinson Street, Suite 700, Orlando, FL 32801, (407) 649-9495, and shall be served
with a copy of any papers regarding this Order. Attorneys for each party shall see to prompt
payment, even if they are required to advance said costs.
6. Ifany party objects to the Mediator or Mediation Conference, such party shall file their
objection no later than FIFTEEN (15) DAYS following service of this Order. The absence of any
timely filed objection shall constitute consent to the within appointment and any failure to comply
with this Order shall be grounds for sanctions.
DONE AND ORDERED in Chambers at Kissimmee, Osceola County, Florida, this
30th day of _ April » 2021.
Kebut (Gan
ROBERT J. EGAN
CIRCUIT JUDGE
I HEREBY CERTIFY that a true copy of the foregoing has been furnished by E-mail to:
Thomas DeLattre, Esquire, Wieland & DeLattre, P.A., 226 Hillcrest Street, P.O. Box 944,
Orlando, Florida 32802, at Tom@wdijustice.com and Zoraida@wdjustice.com; Thomas W.
Poulton, Esquire, Erin M. Tueche, Esquire, DeBevoise & Poulton, P.A., Lakeview Office Park,
Suite 1010, 1035 S. Semoran Blvd., Winter Park, FL 32792, at poulton@debevoisepoulton.com
tueche@debevoisepoulton.com, and cook(@debevoisepoulton.com, and Mediator, Stan
Strickland, Mediate First, 200 East Robinson Street, Suite 700, Orlando, FL 32801, via email at:
admin@mediatefirstinc.com. 30 day of APRIL , 2021.
igh
JUDICIAL ASSI. STANT
Preview
Filing # 125919529 E-Filed 04/30/2021 10:35:25 AM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR OSCEOLA COUNTY, FLORIDA CASE NO. 2017-CA-2703 ARACELIS DEJESUS, Plaintiff, VS. RUSSELL GIBSON, SHERIFF OF OSCEOLA COUNTY IN HIS OFFICIAL CAPACITY, Defendant. / ORDER APPOINTING MEDIATOR AND REFERRING CASE TO MEDIATION COMES NOW the Plaintiff, ARACELIS DEJESUS, by and through her undersigned attorneys, and hereby files this proposed Order Appointing Mediator and Referring Case to Mediation, in compliance with the Court’s Order Setting Case for Jury Trial; Pre-Trial Conference and Requiring Pre-Trial Matters to be Completed, dated December 16, 2020, and as the parties have agreed upon a Mediator, it is therefore, ORDERED AND ADJUDGED, that: 1. Mediator, Stan Strickland, of Mediate First is appointed as the Court's Mediator to attempt to achieve a settlement in this case. 2. A Mediation Conference shall be held on Thursday, May 13", 2021, at 1:30 p.m., via zoom. 3. THE GENERAL RULES GOVERNING SAID MEDIATION CONFERENCE SHALL BE AS FOLLOWS: (a) THE APPEARANCE OF COUNSEL AND THEIR CLIENTS (A MANAGEMENT REPRESENTATIVE IF A CORPORATE PARTY) WITH FULL AUTHORITY TO ENTER INTO A FULL AND COMPLETE COMPROMISE AND SETTLEMENT IS MANDATORY. AN INSURED PARTY MUST HAVE A FULLY AUTHORIZED REPRESENTATIVE OF THE INSURANCE COMPANY ATTEND THE MEDIATION CONFERENCE. THE CARRIER'S REPRESENTATIVE PRESENT AT THE CONFERENCE MUST HAVE FULL AND ABSOLUTE AUTHORITY TO RESOLVE THE MATTER. THE PARTIES HAVE AGREED THAT THE CARRIER’S REPRESENTATIVE WILL APPEAR VIA ZOOM. (b) Ifa party fails to appear at a duly noticed mediation conference without good cause, sanctions may be applied in accordance with Rule 1.720(f), Florida Rules of Civil Procedure. The participants shall be prepared to spend as much time as is necessary to settle the case or until an impasse is declared by the Mediator. (c) The parties shall present a brief WRITTEN SUMMARY OF THE FACTS AND ISSUES to the Mediator FIVE (5) DAYS before the Conference. Counsel for corporate parties will state the name and general job description of the employee or agent who will attend the Conference and represent the corporate party. All discussions, representations and statements made at the Mediation Conference shall be privileged as settlement negotiations and nothing related to the conference shall be admitted at trial or subject to discovery. 4. The Plaintiff's attorney is hereby appointed as lead attorney to work with the Mediator and to coordinate the Mediation Conference. In the event it becomes impossible for an attorney or party to attend the scheduled Mediation Conference, coordination for rescheduling shall be done through the lead attorney to the Mediator. The lead attorney shall send a letterto the Court advising it of the new Conference date, with a copy of same being furnished to all parties and the Mediator, confirming said change. The conditions stated in this Order will remain in effect. 5. The Mediator shall be compensated at the rate of $365.00 per hour, which cost shall be borne by the parties equally. The Mediator, Stan Strickland, may be corresponded with at Mediate First, 200 East Robinson Street, Suite 700, Orlando, FL 32801, (407) 649-9495, and shall be served with a copy of any papers regarding this Order. Attorneys for each party shall see to prompt payment, even if they are required to advance said costs. 6. Ifany party objects to the Mediator or Mediation Conference, such party shall file their objection no later than FIFTEEN (15) DAYS following service of this Order. The absence of any timely filed objection shall constitute consent to the within appointment and any failure to comply with this Order shall be grounds for sanctions. DONE AND ORDERED in Chambers at Kissimmee, Osceola County, Florida, this 30th day of _ April » 2021. Kebut (Gan ROBERT J. EGAN CIRCUIT JUDGE I HEREBY CERTIFY that a true copy of the foregoing has been furnished by E-mail to: Thomas DeLattre, Esquire, Wieland & DeLattre, P.A., 226 Hillcrest Street, P.O. Box 944, Orlando, Florida 32802, at Tom@wdijustice.com and Zoraida@wdjustice.com; Thomas W. Poulton, Esquire, Erin M. Tueche, Esquire, DeBevoise & Poulton, P.A., Lakeview Office Park, Suite 1010, 1035 S. Semoran Blvd., Winter Park, FL 32792, at poulton@debevoisepoulton.com tueche@debevoisepoulton.com, and cook(@debevoisepoulton.com, and Mediator, Stan Strickland, Mediate First, 200 East Robinson Street, Suite 700, Orlando, FL 32801, via email at: admin@mediatefirstinc.com. 30 day of APRIL , 2021. igh JUDICIAL ASSI. STANT