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*#* FILED: BROWARD COUNTY, FL Howard C. Forman, CLERK 7/2/2013 10:07:35 AM.****
IN THE COUNTY OF THE
17™ JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
CASENO. = 12-2760 COWE 80
JUDGE: ERIC M. BELLER
Plaintiff: STATE FARM MUTUAL AUTOMOBILE INSURANCE CO.
VS.
Defendant. | ANGELIA DOCTOR AND EMMA THARPE
/
ORDER REFERRING CASE TO MEDIATION-COUNTY COURT
THE COURT [ ] 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. The parties shall within ten (10) days of entry of this order submit a stipulation as to
the designation of the mediator. The parties shall provide a copy of the stipulation and
order thereon to Court Administration’s Court Mediation and Arbitration Program
located in Room 565, Broward County Courthouse, and 201 S.E. Sixth Street, Fort
Lauderdale, Florida 33301. The phone number is (954) 831-6309.
2. If the parties fail to submit a stipulation with order thereon as to the designation of the
Mediator, then Court Administration’s Court Mediation and Arbitration Program is
appointed to provide mediation services.
3. The first mediation conference shall be held within 60 days of this order in Broward
County, Florida.
4. The appearance of all parties, and their counsel, is MANDATORY. The attorney
must have been given, by the client, fill and complete authority to settle and execute the
document on behalf of the client without further consultation, if the Court has granted the
absence of any party. If a business entity (i.e. an insurance company, corporation,
association, partnership) is a party, a representative of that company shall also appear
having full authority to settle.
Page 1 of 4Full authority means that the party representing the plaintiff has the authority to dismiss
the claim and to pay up to the full amount of the counterclaim, and further that the party
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. The Court shall have the power to impose sanctions as authorized by the Florida
Rules of Civil Procedure, for the following:
a. Failure to pay the mediation fee within the time period set forth in this
Order;
b, Failure to obey this Order;
c Failure of the parties to appear;
d. Failure of a representative to appear without full authority to settle,
without further consultation;
e. Failure of an attorney to appear without full authority to act on behalf of
his/her client, if the Court has granted the absence of a party ;
f. Failure to obtain permission of the Court for a continuance.
7. 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 issues.
8. The conferences are governed by the Mediation Confidentiality and Privilege Act.
9. Parties utilizing private mediators shall pay the mediator directly based upon
arrangements the parties make with the mediator.
Page 2 of 410. Parties utilizing the Court Mediation Program shall pay the Clerk of Court for
mediation in advance of the mediation session being scheduled. Payment shall be made
within five (5) calendar days of the-date of the scheduled mediation. A session shall not
exceed one and one half hours (1.5 hours). Each party in the case, including cases with
multiple parties, shall pay the Clerk of Court sixty dollars ($60) per session. If additional
sessions are needed, the parties must pay the Clerk of Court 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 INCLUDING AN
AWARD OF MEDIATOR AND ATTORNEY’S FEES AND OTHER COSTS, OR
OTHER APPROPRIATE REMEDIES.
Regarding this Order 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 Court has certified that the () Petitioner and/or ( ) Respondent is/are
indigent;
[ ] This is a residential eviction case and there is no charge to either party.
[.] Other (Please Specify)
11. Parties shall notify the Court Mediation and Arbitration Pro; if settlement is
reached prior to a scheduled mediation date. There shall be no refunds for payments
made to the Court Mediation and Arbitration Program.
12. 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.
Page 3 of 413. Within ten (10) days following the completion of mediation, both the private and the
court program mediators shall complete the Statistical Information Sheet and return it to
the Court Mediation and Arbitration Program, County Court Coordinator, Broward
County Courthouse, Room 565. 201 SE 6th St., Fort Lauderdale, FL 33301
14. Plaintiffs counsel or plaintiff, if not represented by counsel, is to advise the Court
Mediation and Arbitration Program accordingly, in writing, if the case should settle after
mediation but prior to trial.
15. Plaintiff's Corporate Representative (witness) may appear by phone.
DONE AND ED in Chambers, Broward County, roa, b, ZL __2013.
‘OUNTY COURT JUDGE
ERIC M. BELLER
Copies furnished:
ARTHUR BARKSDALE, IV. ESQ.
1980 MICHIGAN AVENUE
COCOA, FL 32922
321.636.4861
ANGELIA DOCTOR
2220 NW 10" COURT
POMPANO BCH, FL 33069
EMMA THARPE
2551 NW 52%” AVENUE APT 6
LAUDERHILL, FL 33313
Court Mediation and Arbitration Program, Room 565, Broward County Courthouse
201 S.E. Sixth Street, Fort Lauderdale, Florida 33301
If you are a person with a disability who needs any accommodation in order to participate
in this proceeding at the Broward County Courthouse, you are entitled, at no cost to you,
to the provision of certain assistance. Please contact the Court Administrator’s ADA
Coordinator, Cheryl Anderson, 201 S.E. Sixth Street, Room 470, Fort Lauderdale, FL
33301, at (954) 831-7721, within two (2) working days of your receipt of this order. If
you are hearing or voice impaired, call 711.
Page 4 of 4
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*#* FILED: BROWARD COUNTY, FL Howard C. Forman, CLERK 7/2/2013 10:07:35 AM.**** IN THE COUNTY OF THE 17™ JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASENO. = 12-2760 COWE 80 JUDGE: ERIC M. BELLER Plaintiff: STATE FARM MUTUAL AUTOMOBILE INSURANCE CO. VS. Defendant. | ANGELIA DOCTOR AND EMMA THARPE / ORDER REFERRING CASE TO MEDIATION-COUNTY COURT THE COURT [ ] 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. The parties shall within ten (10) days of entry of this order submit a stipulation as to the designation of the mediator. The parties shall provide a copy of the stipulation and order thereon to Court Administration’s Court Mediation and Arbitration Program located in Room 565, Broward County Courthouse, and 201 S.E. Sixth Street, Fort Lauderdale, Florida 33301. The phone number is (954) 831-6309. 2. If the parties fail to submit a stipulation with order thereon as to the designation of the Mediator, then Court Administration’s Court Mediation and Arbitration Program is appointed to provide mediation services. 3. The first mediation conference shall be held within 60 days of this order in Broward County, Florida. 4. The appearance of all parties, and their counsel, is MANDATORY. The attorney must have been given, by the client, fill and complete authority to settle and execute the document on behalf of the client without further consultation, if the Court has granted the absence of any party. If a business entity (i.e. an insurance company, corporation, association, partnership) is a party, a representative of that company shall also appear having full authority to settle. Page 1 of 4Full authority means that the party representing the plaintiff has the authority to dismiss the claim and to pay up to the full amount of the counterclaim, and further that the party 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. The Court shall have the power to impose sanctions as authorized by the Florida Rules of Civil Procedure, for the following: a. Failure to pay the mediation fee within the time period set forth in this Order; b, Failure to obey this Order; c Failure of the parties to appear; d. Failure of a representative to appear without full authority to settle, without further consultation; e. Failure of an attorney to appear without full authority to act on behalf of his/her client, if the Court has granted the absence of a party ; f. Failure to obtain permission of the Court for a continuance. 7. 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 issues. 8. The conferences are governed by the Mediation Confidentiality and Privilege Act. 9. Parties utilizing private mediators shall pay the mediator directly based upon arrangements the parties make with the mediator. Page 2 of 410. Parties utilizing the Court Mediation Program shall pay the Clerk of Court for mediation in advance of the mediation session being scheduled. Payment shall be made within five (5) calendar days of the-date of the scheduled mediation. A session shall not exceed one and one half hours (1.5 hours). Each party in the case, including cases with multiple parties, shall pay the Clerk of Court sixty dollars ($60) per session. If additional sessions are needed, the parties must pay the Clerk of Court 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 INCLUDING AN AWARD OF MEDIATOR AND ATTORNEY’S FEES AND OTHER COSTS, OR OTHER APPROPRIATE REMEDIES. Regarding this Order 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 Court has certified that the () Petitioner and/or ( ) Respondent is/are indigent; [ ] This is a residential eviction case and there is no charge to either party. [.] Other (Please Specify) 11. Parties shall notify the Court Mediation and Arbitration Pro; if settlement is reached prior to a scheduled mediation date. There shall be no refunds for payments made to the Court Mediation and Arbitration Program. 12. 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. Page 3 of 413. Within ten (10) days following the completion of mediation, both the private and the court program mediators shall complete the Statistical Information Sheet and return it to the Court Mediation and Arbitration Program, County Court Coordinator, Broward County Courthouse, Room 565. 201 SE 6th St., Fort Lauderdale, FL 33301 14. Plaintiffs counsel or plaintiff, if not represented by counsel, is to advise the Court Mediation and Arbitration Program accordingly, in writing, if the case should settle after mediation but prior to trial. 15. Plaintiff's Corporate Representative (witness) may appear by phone. DONE AND ED in Chambers, Broward County, roa, b, ZL __2013. ‘OUNTY COURT JUDGE ERIC M. BELLER Copies furnished: ARTHUR BARKSDALE, IV. ESQ. 1980 MICHIGAN AVENUE COCOA, FL 32922 321.636.4861 ANGELIA DOCTOR 2220 NW 10" COURT POMPANO BCH, FL 33069 EMMA THARPE 2551 NW 52%” AVENUE APT 6 LAUDERHILL, FL 33313 Court Mediation and Arbitration Program, Room 565, Broward County Courthouse 201 S.E. Sixth Street, Fort Lauderdale, Florida 33301 If you are a person with a disability who needs any accommodation in order to participate in this proceeding at the Broward County Courthouse, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Court Administrator’s ADA Coordinator, Cheryl Anderson, 201 S.E. Sixth Street, Room 470, Fort Lauderdale, FL 33301, at (954) 831-7721, within two (2) working days of your receipt of this order. If you are hearing or voice impaired, call 711. Page 4 of 4