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Filing # 89281575 E-Filed 05/09/2019 05:34:17 PM
IN THE CIRCUIT COURT OF THE 157
JUDICIAL CIRCUIT, IN AND FOR PALM
BEACH COUNTY, FLORIDA
6654 NW 27 AVENUE LLC,
Plaintiff, Case No: 17CA13348 MB AH
ve
PINCUS CAPITAL LLC, MARK
BENUN, an individual, et. al.,
Defendants.
/
DEFENDANT’S MOTION FOR MEDIATION
Defendans, Pincus Capital LLC and Mark Benun, by and through the undersigned counsel, files
this Motion For mediation, ana in Support thereor states as fouGws:
1, As the Court is very familiar with this case, the summary of the dispute will be
omitted.
2. Florida Rule Of Civil Procedure Rule 1.700(a) provides “Except as hereinafter
provided or as otherwise prohibited by law, the presiding judge may enter an order referring all
or any part of a contested civil matter to mediation or arbitration.”
3. Despite ongoing settlement negotiations where the parties are within the same
ballpark, Plaintiff refuses to attend mediation voluntarily.
4, Although mediation took place on October 30, 2018, Lawrence Shapiro did not
participate (because no one appeared on his behalf at the time ordered).
5. Further, while the mediator was agreed upon, upon information and belief, a
lawyer was used who was not certified in mediation.
6. In any case, Florida law is clear that this Court has discretion to refer the case to
mediation, and Defendant respectfully requests that the Court do so.
1224.005
THEN. MADARA DEASCU AAIINITY FI CUADARID DARY AE cnY AciNnaiInnan nc.04.47 DKA
TILCY. PALIVEDOAUN LVUUINIT, CL, ONARUINEA. DUUN, ULENN, YurumZu 19 UU.04. 11 FIV17CA 13348 MB AH
7. Further, the mediation took place before the vast majority of the discovery that
has been completed in this case.
WHEREFORE, for the reasons set forth herein, Defendants request an order compelling
the Parties to mediation.
CERTIFICATE OF SERVICE
Thereby certify that a copy of the foregoing has been served unis aay of May, 2019
via email upon Andrew G. Elliott, Randall K. Roger & Associates PA,
aelliott@randallkroger.com; Katherine C. Nuckolls, Randall K. Roger & Associates PA
Knuckolls@randallkroger.com; marie@randallkroger.com; Ronald M Gache, Shapiro Fishman
& Gache, , ‘rgache@logs.com; Scott’ A. Simon, Shapiro, Fishman & Gache LLP,
ssimon@logs.com ; Saanae
SHIR LAW GROUP; ?.A,
2295 N.W. Corporate Blyd. Suite 140
; Florida 3:
Siuart J. Zoberg, Esq., bia-bar No. 611891
imary tf ere@shirlaweroup.com
Service Email: office@shirlawgroup.com
Page 2 of 2
SHIR LAW GROUP, P.A.
2295 N.W. Corporate Boulevard, Suite 140
Boca Raton, FL 33431
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Filing # 89281575 E-Filed 05/09/2019 05:34:17 PM IN THE CIRCUIT COURT OF THE 157 JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA 6654 NW 27 AVENUE LLC, Plaintiff, Case No: 17CA13348 MB AH ve PINCUS CAPITAL LLC, MARK BENUN, an individual, et. al., Defendants. / DEFENDANT’S MOTION FOR MEDIATION Defendans, Pincus Capital LLC and Mark Benun, by and through the undersigned counsel, files this Motion For mediation, ana in Support thereor states as fouGws: 1, As the Court is very familiar with this case, the summary of the dispute will be omitted. 2. Florida Rule Of Civil Procedure Rule 1.700(a) provides “Except as hereinafter provided or as otherwise prohibited by law, the presiding judge may enter an order referring all or any part of a contested civil matter to mediation or arbitration.” 3. Despite ongoing settlement negotiations where the parties are within the same ballpark, Plaintiff refuses to attend mediation voluntarily. 4, Although mediation took place on October 30, 2018, Lawrence Shapiro did not participate (because no one appeared on his behalf at the time ordered). 5. Further, while the mediator was agreed upon, upon information and belief, a lawyer was used who was not certified in mediation. 6. In any case, Florida law is clear that this Court has discretion to refer the case to mediation, and Defendant respectfully requests that the Court do so. 1224.005 THEN. MADARA DEASCU AAIINITY FI CUADARID DARY AE cnY AciNnaiInnan nc.04.47 DKA TILCY. PALIVEDOAUN LVUUINIT, CL, ONARUINEA. DUUN, ULENN, YurumZu 19 UU.04. 11 FIV17CA 13348 MB AH 7. Further, the mediation took place before the vast majority of the discovery that has been completed in this case. WHEREFORE, for the reasons set forth herein, Defendants request an order compelling the Parties to mediation. CERTIFICATE OF SERVICE Thereby certify that a copy of the foregoing has been served unis aay of May, 2019 via email upon Andrew G. Elliott, Randall K. Roger & Associates PA, aelliott@randallkroger.com; Katherine C. Nuckolls, Randall K. Roger & Associates PA Knuckolls@randallkroger.com; marie@randallkroger.com; Ronald M Gache, Shapiro Fishman & Gache, , ‘rgache@logs.com; Scott’ A. Simon, Shapiro, Fishman & Gache LLP, ssimon@logs.com ; Saanae SHIR LAW GROUP; ?.A, 2295 N.W. Corporate Blyd. Suite 140 ; Florida 3: Siuart J. Zoberg, Esq., bia-bar No. 611891 imary tf ere@shirlaweroup.com Service Email: office@shirlawgroup.com Page 2 of 2 SHIR LAW GROUP, P.A. 2295 N.W. Corporate Boulevard, Suite 140 Boca Raton, FL 33431