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Filing # 75934621 E-Filed 08/03/2018 10:14:34 AM
IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT
IN AND FOR DADE COUNTY, FLORIDA
CIRCUIT CIVIL DIVISION
Case No. 2017-014926-CA-01
Judicial Section: CA 31
TRIAL DATE: 12/10/2018
XIOMARA LLERENA
Plaintiff(s),
v. ORDER OF REFERRAL TO MEDIATION
ANDRES QUINTANA INC , et.al.
Defendant(s).
/
Pursuant to Chapter 44 of the Florida Statutes and Rules 1.700-1.760 Florida Rules of
Civil Procedure, the above styled cause is hereby referred to mediation:
(1) Within fifteen days (ten days plus an additional five days for mailing) of this Order of
Referral, the parties may mutually agree upon the designation of any certified mediator of their
choice who shall be compensated at the mediator’s customary rate per hour, or any other hourly
rate agreed to by the parties. If able to agree, the plaintiff or petitioner shall, within the time
period set forth above, file with the Clerk of the Court, and serve upon the parties, the agreed
upon mediator, the Mediation/Arbitration Division of the 11" Judicial Circuit (address: MDCC,
155 NW 3% Street, Suite 4330, Miami Florida 33128; telephone: (305) 679-1640), and the trial
Judge’s Judicial Assistant, a “Notice of Stipulation of Mediator” which shall identify the name,
address, and telephone number of the mediator agreed upon. Upon filing the “Notice of
Stipulation of Mediator”, said Mediator shall be deemed designated to mediate without further
Order of Court.
(2) In the event the parties are unable to agree upon the selection of a mediator within
the specified period, the plaintiff or petitioner shall make a “Request for Appointment_of
Mediator” from the Mediation Division within five (5) days thereafter, certifying that
notwithstanding a good faith effort to agree, the parties were unsuccessful in so doing and
requesting said Division to select the next available mediator from the rotating list of Certified
Mediators. Said “Request for Appointment of Mediator’ shall be filed with the Clerk of the Court
and copies shall be served upon the Mediation Division, all parties, and the trial Judge’s Judicial
Assistant. The Division shall make said selection and file with the Clerk of the Court a “Notice of
Designation of Mediator”. The “Request for Appointment’ shall be accompanied by a sufficient
number of stamped addressed envelopes in order for the Division to serve the “Notice of
Designation of Mediator” upon the parties, the selected mediator and the trial Judge’s Judicial
Assistant. Upon filing of the “Notice of Designation of Mediator”, the Mediator selected by the
Division shall be deemed designated to mediate without further Order of Court.
(3) Any Mediator selected from the Division’s mediation wheel pursuant to paragraph (2)
above, shall be compensated at a rate of $125.00 per hour, (unless otherwise agreed to by the
Mediator and parties), with a two (2) hour minimum, to be divided equally between all of the
parties. This minimum two (2) hour fee shall be paid at least seven (7) days prior to the
scheduled mediation conference, and the balance of the fee, if any, shall be paid at the
conclusion of the conference. Counsel for the respective parties are responsible for financial(4) The appearance of counsel, and each party or representative of each party with
authority to enter into a full and complete compromise and settlement, without further
consultation, is mandatory. If insurance is involved, an adjuster with authority up to the policy
limits or the most recent demand, whichever is lower, shall attend.
(5) Written notice to the Mediator of any change or cancellation of the scheduled
mediation conference must be given at least 72 hours prior to said conference. Failure to do so
shall result in the imposition of the two (2) hour minimum fee paid by the canceling party to the
Mediator, unless the Court orders otherwise for exceptional circumstances beyond the parties’
control or the Mediator agrees to waive same.
(6) The parties and designated Mediator are ordered and directed to proceed with
mediation in accordance with the Rules of Civil Procedure, which mediation shall be held prior
to commencement of the trial period. If any of the parties fails to comply with the obligations set
forth herein to ensure that mediation is accomplished expeditiously, the court may, on its own
Motion or on Motion of any party, dismiss the case, strike pleadings, enter default, remove the
case from the trial calendar, or impose any other sanctions that it may deem appropriate under
the circumstances.
DONE AND ORDERED in Chambers, at Miami, Dade County, Florida, on 3rd day of
August, 2018.
CF
sé
f
é
VDE
eSigned by Spencer Eig in 2017-014926-CA-01
on 08/03/201 “14:04 vYxD40IL
Spencer Eig
CIRCUIT COURT JUDGE
No Further Judicial Action Required on THIS MOTION. CLERK TO RECLOSE CASE IF POST
JUDGMENT.
Copies furnished to: Mediation Division
Electronic Service List:
Heather M Calhoon ,
,
Jonathan R. Friedland , ,
Heather Marie Calhoon
Mailing Service List:
ANDRES QUINTANA INC, 312 West 9 Street, Hialeah, FL 33010
If you are a person with a disability who needs any accommodation to
participate in this proceeding, you are entitled, at no cost to you, to the
provision of certain assistance. Please contact the Dade County Court’s ADA
Coordinator at 175 West Flagler, Room 2700, Miami, FL 33128, telephonenumbers (305) 349-7175 for voice or (305) 349-7174 for TDD and (305) 349-
7355 for fax, within 2 working days of your receipt of this Order of Referral
to Civil Mediation. TDD users may also call 1-800-955-8771, for the Florida
Relay Service.
Preview
Filing # 75934621 E-Filed 08/03/2018 10:14:34 AM IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR DADE COUNTY, FLORIDA CIRCUIT CIVIL DIVISION Case No. 2017-014926-CA-01 Judicial Section: CA 31 TRIAL DATE: 12/10/2018 XIOMARA LLERENA Plaintiff(s), v. ORDER OF REFERRAL TO MEDIATION ANDRES QUINTANA INC , et.al. Defendant(s). / Pursuant to Chapter 44 of the Florida Statutes and Rules 1.700-1.760 Florida Rules of Civil Procedure, the above styled cause is hereby referred to mediation: (1) Within fifteen days (ten days plus an additional five days for mailing) of this Order of Referral, the parties may mutually agree upon the designation of any certified mediator of their choice who shall be compensated at the mediator’s customary rate per hour, or any other hourly rate agreed to by the parties. If able to agree, the plaintiff or petitioner shall, within the time period set forth above, file with the Clerk of the Court, and serve upon the parties, the agreed upon mediator, the Mediation/Arbitration Division of the 11" Judicial Circuit (address: MDCC, 155 NW 3% Street, Suite 4330, Miami Florida 33128; telephone: (305) 679-1640), and the trial Judge’s Judicial Assistant, a “Notice of Stipulation of Mediator” which shall identify the name, address, and telephone number of the mediator agreed upon. Upon filing the “Notice of Stipulation of Mediator”, said Mediator shall be deemed designated to mediate without further Order of Court. (2) In the event the parties are unable to agree upon the selection of a mediator within the specified period, the plaintiff or petitioner shall make a “Request for Appointment_of Mediator” from the Mediation Division within five (5) days thereafter, certifying that notwithstanding a good faith effort to agree, the parties were unsuccessful in so doing and requesting said Division to select the next available mediator from the rotating list of Certified Mediators. Said “Request for Appointment of Mediator’ shall be filed with the Clerk of the Court and copies shall be served upon the Mediation Division, all parties, and the trial Judge’s Judicial Assistant. The Division shall make said selection and file with the Clerk of the Court a “Notice of Designation of Mediator”. The “Request for Appointment’ shall be accompanied by a sufficient number of stamped addressed envelopes in order for the Division to serve the “Notice of Designation of Mediator” upon the parties, the selected mediator and the trial Judge’s Judicial Assistant. Upon filing of the “Notice of Designation of Mediator”, the Mediator selected by the Division shall be deemed designated to mediate without further Order of Court. (3) Any Mediator selected from the Division’s mediation wheel pursuant to paragraph (2) above, shall be compensated at a rate of $125.00 per hour, (unless otherwise agreed to by the Mediator and parties), with a two (2) hour minimum, to be divided equally between all of the parties. This minimum two (2) hour fee shall be paid at least seven (7) days prior to the scheduled mediation conference, and the balance of the fee, if any, shall be paid at the conclusion of the conference. Counsel for the respective parties are responsible for financial(4) The appearance of counsel, and each party or representative of each party with authority to enter into a full and complete compromise and settlement, without further consultation, is mandatory. If insurance is involved, an adjuster with authority up to the policy limits or the most recent demand, whichever is lower, shall attend. (5) Written notice to the Mediator of any change or cancellation of the scheduled mediation conference must be given at least 72 hours prior to said conference. Failure to do so shall result in the imposition of the two (2) hour minimum fee paid by the canceling party to the Mediator, unless the Court orders otherwise for exceptional circumstances beyond the parties’ control or the Mediator agrees to waive same. (6) The parties and designated Mediator are ordered and directed to proceed with mediation in accordance with the Rules of Civil Procedure, which mediation shall be held prior to commencement of the trial period. If any of the parties fails to comply with the obligations set forth herein to ensure that mediation is accomplished expeditiously, the court may, on its own Motion or on Motion of any party, dismiss the case, strike pleadings, enter default, remove the case from the trial calendar, or impose any other sanctions that it may deem appropriate under the circumstances. DONE AND ORDERED in Chambers, at Miami, Dade County, Florida, on 3rd day of August, 2018. CF sé f é VDE eSigned by Spencer Eig in 2017-014926-CA-01 on 08/03/201 “14:04 vYxD40IL Spencer Eig CIRCUIT COURT JUDGE No Further Judicial Action Required on THIS MOTION. CLERK TO RECLOSE CASE IF POST JUDGMENT. Copies furnished to: Mediation Division Electronic Service List: Heather M Calhoon , , Jonathan R. Friedland , , Heather Marie Calhoon Mailing Service List: ANDRES QUINTANA INC, 312 West 9 Street, Hialeah, FL 33010 If you are a person with a disability who needs any accommodation to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Dade County Court’s ADA Coordinator at 175 West Flagler, Room 2700, Miami, FL 33128, telephonenumbers (305) 349-7175 for voice or (305) 349-7174 for TDD and (305) 349- 7355 for fax, within 2 working days of your receipt of this Order of Referral to Civil Mediation. TDD users may also call 1-800-955-8771, for the Florida Relay Service.