Filing # 834T9696 E—Filed GIIITIEUIQ 08:01:18 AM
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`IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT
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`IN AND FOR DADE COUNTY, FLORIDA
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`CIRCUIT CW] L DWI SION
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`Case No. W1T-DIT3DT-CA-fl1
`Judicial Section: CA D5
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`Patricia T. Rodriguez
`Plaintifits},
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`TRIAL DATE:
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`flfit' 1W2fl15l
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`v.
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`ORDER OF REFERRAL TO HEDIATION
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`Publiit Super Markets, Inc. , et.al.
`Defendands]-
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`I
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`Pursuant to Chapter 44 of the Florida Statutes and Rules 1-?flfl-ti'fifl Florida Rules of
`Civil Procedure, the above styled cause is hereby refetred to mediation:
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`{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 MediationiAittitration Division of the 11‘“ Judicial Circuit {address: MDCC.
`155 NW 3” Street. Suite 433i], Miami Florida 33123; telephone: {305] STD—164m, 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 ot‘ Court.
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`in the event the parties are unable to agree upon the selean of a mediator within
`{2}
`the specified period. the plaintiff or petitioner shall make a “Ft
`uest for
`intment of
`Mediator"
`from the Mediation Division within five
`is} 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 "Rguest for Amintment of Mediator” shall be filed with the Clerk of the Court
`and copies shadl be served upon the Mediation Division. all parties, and the trial Judge's Judicial
`Assistant. The Division shall matte said selection and file with the Clerk of the Court a “Notice of
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`intment' shall be accompanied by a sufficient
`Desg'nation of Mediator”. The "R uest for
`number of stamped addressed envelopes in order for the Division to serve the “Notice of
`Dfi'nation 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-
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`{3] Any Mediator selected horn the Division's mediation wheel pursuant to paragraph [2}
`above. shall be compensated at a rate of $12511] per hour: {unless otherwise agreed to by the
`Mediator and parties}+ with a two {21 hour rninimum+ to be divided equally between all of the
`parties. This minimum two [2} hour fee shall be paid at least seven 1?} days pilot 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
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`arrangements with their clients and timely payment of mediation fees. The mediation conference
`shall not exceed [3] three hours, unless the parties othenlvise agree and participate longer.
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`{4} The appearance of counsel, and each party or representative of each party with
`authority to enter
`into a full and complete compromise and setflernent, without further
`consultation. is mandatory. If insurance is inVOIvEd, an adjuster with authority up to the policy
`limits or the most recent demand, whichever is lower, shall attend.
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`{5} Written notice to the Mediator of any change or cancellation of the scheduled
`mediation conference must be given at least T2 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.
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`{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 comva 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.
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`ooNE auo oRoEREo in Chambers, at Miami, oaoe County, Florida, on fifth day of
`January, 2o1s.
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` “ii/L do fa 65/199;
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`“can, e: Jose, s r: messes
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`eSigoed by Patsy Geroalosa'to EQ‘ET-{lETSDT-CA-fl‘l
`on E1f1i‘i2l319 U8:l}1:{l3 pcGEldF'rL
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`Miguel M. de la 0
`CIRCUIT COURT JUDGE
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`thisFurther Jodicial Action RsouirecehTHIS METEOR {iLERR TU RECLGSE CASE iF RUST;
`JUBE‘M EMT
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`Copies furnished to: Mediation Division
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`Electronic Service List:
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`Edward Hernandez cseMceehemandeziQfallrwaascome, {MSalvari-ey@falliwaas_oome
`Leslie [luberstein Glenn scourflilingsgldgpacome
`John E. Wildflg sserviceiwilking®falkwaascom>
`Edward Hernandez <ehemandez®falkwaascom>
`Leslie E Duberstein Glenn sLESLIEG-flLDGPkCGM?
`John Wiliing cJVfilking@falkwaas_come
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`Mailing Service List:
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`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 ITS West Flagler, Room 2’10“, Miami, FL 33128, telephone
`numbers (305) 349—?1’?5 for voice or {305} 3494174 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 l-BtHl—SISS-fi‘??l, for the Florida
`Relayr Service.
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