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IN THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT
IN AND FOR PINELLAS COUNTY, FLORIDA
'
UCN# 522018CA000043XXCICI
.
REFERENCE NO. 18-000043-CI—SECTION 7
LE SCAMPI CONDOMINIUM ASSOCIATION INC
VS.
TONI J SHERMAN
ORDER OF REFERRAL TO MEDIATION
This Court has reviéwed its docket and the case file in the above styled cause and has determined
that the cause is appropriate for mediation. Whereupon, in accordance with ss.44.1011-44.108,
Fla. Stat, and Fla. R. Civ. P. 1.700-1.830, and upon the Court's own motion and/or upon
stipulation of the parties, it is
ORDERED:
1. The above-stylec? cause is hereby referred to mediation.
2. Within ten (10) days of the date of service of this order, the parties may agree upon a mediator
and a date and time for mediation. MEDIATION IS TO OCCUR WITHIN 45 DAYS, unless
otherwise ordered by the Court. Plaintiffs counsel'1s responsible for contacting the
‘
Arbitration and Mediation Program (Program) 315 Court Street, Room 401 Clearwater,
FL 33756, Work. 7-27 464- 4943, email: jpadoll@jud6. org with the mediator and date
selection. The program will Issue the Notice of Mediation. If the Program isnot contacted
within the ten (10) days period, the Program will select a certified mediator by rotation, as well
as the date and time for mediation. The Program appointments will not be changed absent good
cause shown.
3. Pursuant to Fla. R. Civ. P. 1.720(b), unless otherwise permitted by court order or stipulated by
the parties in writing, a party is deemed to appear at a mediation conference if the following
’
persons are physically present:
a. The party or a party representative having full authorifl to settle without further
consultation, as described 1n Rule 1. 720(0); and
:1
b. The pzfrty’s counsel of record, if any: and
ORME — CIRCUIT CIVIL— reviged
4/3/14
c. A representative of the insurance carrier for any insured party who is not such
carrier's outside counsel and who has full authority to settle in an amount up to the
amount of the plaintiffs last demand or policy limits, whichever is less, without further
consultatibn.
d. Certification of Authority. Unless otherwise stipulated by the parties, each party,
10 days pfior to appearing at the mediation conference, shall file with the court and
serve all parties a written notice identifying the person or persons who will be attending
the mediation conference as a party representative or as an insurance carrier
representative, and confirming that those persons have the authority required by Rule
1.720 (b).
In Mortgage Foreclosure cases a Bank and/or Mortgage Lender Representative(s), if
NOT local, may appear telephonically and will be responsible for calling into the
mediation; at the designated start time. Proceeding to mediation with authority limited to
a prior evaluation of the case isnot acceptable and may subject the parties to sanctions.
Each party shall peisonally appear at the mediation conference(s). Pursuant to Fla. R. Civ. P.
1.720(d), if a partyfito mediation is a public entity required to operate in compliance with Chapter
286, Florida Statut¢s, that party shall be deemed to appear at a mediation conference by the
physical presence of a representative with full authority to negotiate on behalf of the entity and to
recommend settlement to the appropriate decision-making body of the entity.
The above provisfbns regarding the full authority to settle without further consultation
apply to both phy§ical and telephonic appearances at mediation.
f
4. The mediator shall be compensated as follows:
a. If the partie§ select the mediator, the mediator shall be compensated at the rate agreed to
by the mediato’fr and the parties.
b. If the Progi‘am selects the mediator by rotation, the mediator shall be compensated
'
at the rate of got more than $200.00 per hour.
c. In cases oth’er than mortgage foreclosure cases, the mediator' s fee shall be divided
equally among all the parties unless a different division IS indicated below:
[I 100% to be paid by p1aintiff(s) ,
or
El 100% to be paid by defendant(s) ,or
-
[:I Pursuant to 73.091, Fla. Stat. 100% to be paid by the State of Florida, Department of
Transportation.
El will be paid as follows:
d. In Commercial and NON Residential Mortgage Foreclosure cases, the mediator’ s fee
shall be divided equally among all the parties unless a different division ISindicated below:
D 100% to be paid by plaintiff(s) ,
or
D 100% to be paid by defendant(s) ,
or
Cl other.
‘4
I
1
ORME — CIRCUIT CIVIL — revi§ed
4/3/14
\
a?
5. Any party ordefbd to pay as' described in paragraph 4 above, shall bring sufficient funds to the
scheduled mediatiqp conference with which to pay the mediator. Payment is due at the
conclusion of each'fscheduled conference, payable directly to the assigned mediator.
6. Unless stipulated by the parties or ordered by the Court, the mediation process shall not
‘
suspend discovery;
7. During its pendency, any matter pertaining to this referral shall be heard by the presiding
judge. Time for completion of mediation shall be tolled where mediation IS interrupted pending
resolution of such matters. Interim or emergency relief not specifically pertaining to this referral
may be heard by the presiding judge. However, mediation shall continue while such relief IS
pending unless otherwise ordered.
8. Pursuant to Fla. R. Civ. P. 1. 700(c), any party may move to have this case deferred from
mediation within fifteen (15) days of the date of this order. Such motion shall be heard by the
presiding judge.
9. The Program shall hereafter be responsible for all administrative matters pertaining to this
referral and shall be served with copies of any papers regarding this referral. The Program must
be notified of all caincellations. Cancellations due to settlement must be confirmed 1n writing.
The Program MUS-T also be notified of any settlements occurring after mediation.
10. Failure to appeéjr at a duly noticed mediation conference either in person, by telephone or
person(s) identified 1n the Certification of Authority, may result, upon motion, in the imposition
of sanctions, including an award of mediator and attorneys’ and other costs against the party
failing to appear. f1:
11. The rules and procedures attached hereto, entitled "The Mediation Process", are hereby
incorporated into this order and made a part hereof, and shall be complied with by all persons
subject to this ordei‘.
DONE
If you
ND
are a
ORDERED
{
peréon with
in
,2018.
Chambers,
a disability
at Clearwatcr,
who
m Pinellas
P‘éttricia
Circuit Judge
needs any
County, Florida,
accommodation
Wav—
An'n Muscarella
this
in
dé
X
order to
day‘
participate in tlfis proceeding, you are entitled, at no cost to you, to the provision
of certain assistince. Please contact the Human Rights Office, 400 S. Ft. Harrison
Ave., 5th Floor,‘fClearwater, FL 33756, (727) 464-4062 (V/TDD), at least 7 days
before your schéduled court appearance, or immediately upon receiving this
‘
notification if thje time before the scheduled appearance is less than 7 days; if you
are hearing or vfbice impaired, call 711.
ORME — CIRCUIT CIVIL — reviged
4/3/14
CERTIFICATE OF SERVICE
I
Mediation have been furnished by
following persons: a:
US. Mail, this M
HEREBY CERTIFY that true and correct copies of the foregoing Order of Ref
day of gpfim
alto
, 2018, to the
Theresa L Donovafi C/o Shumaker Loop & Kendrick
'
PO Box 172609 Tampa FL
_
33672—0609
Matthew D Weidnqr Weidner Law PA 250 Mirror Lake Dr North St Petersburg
FL 33701
1B
od "P”adou '
E Ad inistrative Assistant
Arbitration and Mediation Program
315 Court Street, Room 401
Clearwater, FL 33756
3’
Work: 727-464-4943
'
‘
jpadoll@jud6.org
ORME — CIRCUIT CIVIL — reviéed
4/3/14
Preview
IN THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA ' UCN# 522018CA000043XXCICI . REFERENCE NO. 18-000043-CI—SECTION 7 LE SCAMPI CONDOMINIUM ASSOCIATION INC VS. TONI J SHERMAN ORDER OF REFERRAL TO MEDIATION This Court has reviéwed its docket and the case file in the above styled cause and has determined that the cause is appropriate for mediation. Whereupon, in accordance with ss.44.1011-44.108, Fla. Stat, and Fla. R. Civ. P. 1.700-1.830, and upon the Court's own motion and/or upon stipulation of the parties, it is ORDERED: 1. The above-stylec? cause is hereby referred to mediation. 2. Within ten (10) days of the date of service of this order, the parties may agree upon a mediator and a date and time for mediation. MEDIATION IS TO OCCUR WITHIN 45 DAYS, unless otherwise ordered by the Court. Plaintiffs counsel'1s responsible for contacting the ‘ Arbitration and Mediation Program (Program) 315 Court Street, Room 401 Clearwater, FL 33756, Work. 7-27 464- 4943, email: jpadoll@jud6. org with the mediator and date selection. The program will Issue the Notice of Mediation. If the Program isnot contacted within the ten (10) days period, the Program will select a certified mediator by rotation, as well as the date and time for mediation. The Program appointments will not be changed absent good cause shown. 3. Pursuant to Fla. R. Civ. P. 1.720(b), unless otherwise permitted by court order or stipulated by the parties in writing, a party is deemed to appear at a mediation conference if the following ’ persons are physically present: a. The party or a party representative having full authorifl to settle without further consultation, as described 1n Rule 1. 720(0); and :1 b. The pzfrty’s counsel of record, if any: and ORME — CIRCUIT CIVIL— reviged 4/3/14 c. A representative of the insurance carrier for any insured party who is not such carrier's outside counsel and who has full authority to settle in an amount up to the amount of the plaintiffs last demand or policy limits, whichever is less, without further consultatibn. d. Certification of Authority. Unless otherwise stipulated by the parties, each party, 10 days pfior to appearing at the mediation conference, shall file with the court and serve all parties a written notice identifying the person or persons who will be attending the mediation conference as a party representative or as an insurance carrier representative, and confirming that those persons have the authority required by Rule 1.720 (b). In Mortgage Foreclosure cases a Bank and/or Mortgage Lender Representative(s), if NOT local, may appear telephonically and will be responsible for calling into the mediation; at the designated start time. Proceeding to mediation with authority limited to a prior evaluation of the case isnot acceptable and may subject the parties to sanctions. Each party shall peisonally appear at the mediation conference(s). Pursuant to Fla. R. Civ. P. 1.720(d), if a partyfito mediation is a public entity required to operate in compliance with Chapter 286, Florida Statut¢s, that party shall be deemed to appear at a mediation conference by the physical presence of a representative with full authority to negotiate on behalf of the entity and to recommend settlement to the appropriate decision-making body of the entity. The above provisfbns regarding the full authority to settle without further consultation apply to both phy§ical and telephonic appearances at mediation. f 4. The mediator shall be compensated as follows: a. If the partie§ select the mediator, the mediator shall be compensated at the rate agreed to by the mediato’fr and the parties. b. If the Progi‘am selects the mediator by rotation, the mediator shall be compensated ' at the rate of got more than $200.00 per hour. c. In cases oth’er than mortgage foreclosure cases, the mediator' s fee shall be divided equally among all the parties unless a different division IS indicated below: [I 100% to be paid by p1aintiff(s) , or El 100% to be paid by defendant(s) ,or - [:I Pursuant to 73.091, Fla. Stat. 100% to be paid by the State of Florida, Department of Transportation. El will be paid as follows: d. In Commercial and NON Residential Mortgage Foreclosure cases, the mediator’ s fee shall be divided equally among all the parties unless a different division ISindicated below: D 100% to be paid by plaintiff(s) , or D 100% to be paid by defendant(s) , or Cl other. ‘4 I 1 ORME — CIRCUIT CIVIL — revi§ed 4/3/14 \ a? 5. Any party ordefbd to pay as' described in paragraph 4 above, shall bring sufficient funds to the scheduled mediatiqp conference with which to pay the mediator. Payment is due at the conclusion of each'fscheduled conference, payable directly to the assigned mediator. 6. Unless stipulated by the parties or ordered by the Court, the mediation process shall not ‘ suspend discovery; 7. During its pendency, any matter pertaining to this referral shall be heard by the presiding judge. Time for completion of mediation shall be tolled where mediation IS interrupted pending resolution of such matters. Interim or emergency relief not specifically pertaining to this referral may be heard by the presiding judge. However, mediation shall continue while such relief IS pending unless otherwise ordered. 8. Pursuant to Fla. R. Civ. P. 1. 700(c), any party may move to have this case deferred from mediation within fifteen (15) days of the date of this order. Such motion shall be heard by the presiding judge. 9. The Program shall hereafter be responsible for all administrative matters pertaining to this referral and shall be served with copies of any papers regarding this referral. The Program must be notified of all caincellations. Cancellations due to settlement must be confirmed 1n writing. The Program MUS-T also be notified of any settlements occurring after mediation. 10. Failure to appeéjr at a duly noticed mediation conference either in person, by telephone or person(s) identified 1n the Certification of Authority, may result, upon motion, in the imposition of sanctions, including an award of mediator and attorneys’ and other costs against the party failing to appear. f1: 11. The rules and procedures attached hereto, entitled "The Mediation Process", are hereby incorporated into this order and made a part hereof, and shall be complied with by all persons subject to this ordei‘. DONE If you ND are a ORDERED { peréon with in ,2018. Chambers, a disability at Clearwatcr, who m Pinellas P‘éttricia Circuit Judge needs any County, Florida, accommodation Wav— An'n Muscarella this in dé X order to day‘ participate in tlfis proceeding, you are entitled, at no cost to you, to the provision of certain assistince. Please contact the Human Rights Office, 400 S. Ft. Harrison Ave., 5th Floor,‘fClearwater, FL 33756, (727) 464-4062 (V/TDD), at least 7 days before your schéduled court appearance, or immediately upon receiving this ‘ notification if thje time before the scheduled appearance is less than 7 days; if you are hearing or vfbice impaired, call 711. ORME — CIRCUIT CIVIL — reviged 4/3/14 CERTIFICATE OF SERVICE I Mediation have been furnished by following persons: a: US. Mail, this M HEREBY CERTIFY that true and correct copies of the foregoing Order of Ref day of gpfim alto , 2018, to the Theresa L Donovafi C/o Shumaker Loop & Kendrick ' PO Box 172609 Tampa FL _ 33672—0609 Matthew D Weidnqr Weidner Law PA 250 Mirror Lake Dr North St Petersburg FL 33701 1B od "P”adou ' E Ad inistrative Assistant Arbitration and Mediation Program 315 Court Street, Room 401 Clearwater, FL 33756 3’ Work: 727-464-4943 ' ‘ jpadoll@jud6.org ORME — CIRCUIT CIVIL — reviéed 4/3/14