Order: UP FIELDGATE US INVESTMENTS EAST COLONIAL LLC vs. DICKS SPORTING GOODS INC

• 
• 
• 
• 

						
                                
Preview
                                05/22/2018 FILED IN OFFICE TIFFANY M. RUSSELL CLERK OF CIRCUIT COURT ORANGE CO FL



                             IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
                                                                 FIFTH DISTRICT

                  UP FIELDGATE US INVESTMENTS-
                  EAST COLONIAL, LLC.,,

                                    Appellant,

                  v.                                                             CASE NO.        5D18-1525

                  DICK'S SPORTING GOODS, INC.,
                  A DELAWARE CORPORATION,

                                    Appellee.
                  ________________________/

                  DATE:      May 22, 2018

                                                     ORDER OF REFERRAL TO MEDIATION

                           The   foregoing     case,    having    been    reviewed     by   the  Court,    is hereby     referred   to

                  Appellate Mediation.

                           Within ten days from the date of this Order, the appellant shall complete and

                  file with this Court the Response to Order of Referral to Mediation, which is available on

                  this Court’s website, www.5dca.org.              If the parties agree on a mediator from the list of

                  appellate-approved           mediators,      also   available    on   this  Court’s   website,     the  Court    will

                  enter an order appointing that mediator for this case.                  If the parties are not able to agree

                  on  an   appellate-approved        mediator,     the  Court    will appoint    a mediator     from   that  list. Ifa

                  party believes payment of mediation fees will cause an undue financial hardship on that

                  party, a request for waiver of mediation fees may be filed within ten days.                        If the request

                  is granted, the Court will then appoint a pro bono mediator.

                           The    mediation      shall   be   completed       within    45  days    from    the   date   the   Order

                  Appointing       Mediator      is  issued     by    this  Court.      Mediation      will occur    at  a  location

                  agreed    to  by  the   parties   or, in  the  absence     of  an  agreement,       at a  location    selected    by

                  the  mediator.      The   parties   shall  submit    mediation     summaries       ifand   when    requested      by

                  the mediator.
                               05/22/2018 FILED IN OFFICE TIFFANY M. RUSSELL CLERK OF CIRCUIT COURT ORANGE CO FL



                           Parties with full settlement authority and counsel are required to attend mediation

                  in person unless excused from attendance by the Court.                       Failure of an attorney or party

                  to  appear     for  a  duly   scheduled      mediation      conference      or   otherwise     comply     with   the

                  appellate     mediation      program      procedures,       without     good     cause,    may     result   in   the

                  imposition of sanctions by this Court, including attorney's fees, the striking of any party’s

                  briefs, denial of oral argument or dismissal of the appeal.

                           All appellate     mediation     sessions     shall  be  confidential    as   provided    for  in Chapter

                  44, Florida Statutes, and the mediation will be conducted in accordance with the Florida

                  Rules     for  Certified    and    Court-Appointed         Mediators      and   the    Fifth  District   Court    of

                  Appeal’s administrative orders and rules regarding appellate mediation.

                           The    mediator       shall   file  the    Mediation      Report      within    ten   days     from     the

                  conclusion       of  the   mediation.       If mediation      is  reported     as   successful,      the   parties

                  must file a Stipulation, Joint Dismissal, or Notice of Voluntary Dismissal with this

                  Court     within     20    days     of   this   Court’s      letter    acknowledging           the   successful

                  mediation.       If mediation is reported as unsuccessful, appellate time deadlines (for

                  directions      to   the   clerk   and    court     reporter,     preparation       and    transmittal      of   the

                  record,     and   the   filing   of  briefs)    will  commence         as   of   the   date   of   the   Order    of

                  Unsuccessful Mediation.

                  I hereby certify that the foregoing is
                  (a true copy of) the original Court order.




                  Authorized by: Judge Lambert

                  cc:
                  Ronald D. Edwards, Jr                   Nicolette C. Vilmos                     James Walson
                                                          Orange Cty Circuit Ct Clerk
                                                          (2017-CA-4308)

                  All mediation documents and forms are located at:  http://www.5dca.org/Mediation/mediation.shtml.