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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND
COLLIER COUNTY, FLORIDA CIVIL DIVISION
PAUL GERVASI,
Plaintiff(s),
CASE NO. 18-CA-393
vs.
UNIVERSAL PROPERTY &
CASUALTY INSURANCE
COMPANY, et al
Defendant(s).
ORDER OF REFERRAL TO MEDIATION
(Effective June 2018)
Upon a review of the court file sua sponte, this Court has determined that this case is
appropriate for referral to mediation pursuant to F.R.Civ.P. 1.700 and F.S. 44.102. Accordingly,
it is hereby,
Ordered:
1. That the Court initially appoints Lawrence Farese Esq., as the Court's Mediator,
to attempt to achieve a settlement of the issues in this cause.
2. That an initial or introductory conference shall be held within (60) days of the
signing of this Order (unless parties and the mediator jointly stipulate to a later date), and said
conference must occur at a mutually agreed upon time and place.
3. That the Attorney for Plaintiff(s), shall, within fifteen (15) days from the date of
this order, schedule the date, time and location of said Mediation Conference for the convenience
of all parties, attorneys and the Mediator, and shall thereafter provide notice of same to the Court
and all parties.
4, That should a party have an objection to the time, date or place of the scheduled
FILENN?18/° 18 1 0veGcollierto
eeeconference, said party must notify the mediator within (48) hours. The absence of a timely
objection shall constitute consent and failure to comply with this Order may subject the
appropriate party to an imposition of sanctions, See F.R.Civ.P. 1.730 (c).
5. That if any party objects to the appointment of this Mediator, such party shall file
a written objection with this Court within five (5) business days of receipt of this Order. If said
objection is filed, the parties shall have an additional five (5) days within which to stipulate to a
mediator pursuant to F.R.Civ.P. 1720(f)(1). The absence of a timely filed objection shall
constitute consent to the appointment and failure to comply with this Order may be grounds for
sanctions.
6. That all communication and correspondence related to the mediation of this cause shall
be directed to the Mediator as follows:
Lawrence Farese, Esq.
711 Fifth Ave S., Ste. 201
Naples, FL 34102
Ph, 239-213-1973
7. That the following procedures shall apply to the mediation conference:
a. The appearance of counsel and clients is mandatory (telephonic
participation is not permitted unless stipulated to by all counsel and the
Mediator, or by special order of the Court). If insurance is involved, an
adjuster with full and complete authority to settle shall be present.
Corporate parties shall appear through a management representative with
full authority to enter into a full and complete compromise and settlement.
b. All parties shall present a brief, written summary of the case to the
mediator no later than ten (10) days before the scheduled mediation,
containing a list of all issues as to each party.All discussions, representations and statements made at the mediation
conference shall be privileged pursuant to F.S, 44.102(3).
The mediator shall be compensated at a rate stipulated to by the parties
and the Mediator, or as provided by F.R.Civ.P. 1.720(g). Mediation fees
shall be equally divided and borne by the parties, and any agreed charges
for travel and reasonable expenses are also to be equally divided. Where
there are multiple Parties, the fee initially shall be the responsibility of the
principal parties,
The mediator has no power to compel or enforce settlement agreements,
If a settlement agreement is reached in the case, then, pursuant to FRCP
1.730 (b), it shall be the responsibility of the attorneys to memorialize the
agreement by video, recording or to reduce the agreement to writing or
dictate the settlement agreement to a court reporter and the existence of
the settlement agreement shall become a matter of the official record,
The Mediator is responsible for determining if a full or partial settlement
has been reached, or whether an impasse should be declared. Once the
mediation conference has begun, it may be continued by the Mediator for
the production of additional evidence or to facilitate the settlement of the
cause.
Pursuant to F.R.Civ.P. 1.730(b), within ten (10)
days of the conclusion of the mediation conference, the Mediator shall
notify the Court, (in writing), with a copy to the court file, that the
mediation has resulted in a full or partial settlement agreement, or that animpasse has been declared by the Mediator.
Done and Ordered in Chambers, Naples, Collier County, Florida, this Lf day of
July, 2018.
Lge e. Hayes)
‘ugh D, Hayes
Circuit Court Judge
Copies sent to attorneys via clerk’s email to:
Richard Lavariere, Esq.
Stephen Bendeck, Esq.
Lawrence Farese, Esq.
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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND COLLIER COUNTY, FLORIDA CIVIL DIVISION PAUL GERVASI, Plaintiff(s), CASE NO. 18-CA-393 vs. UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY, et al Defendant(s). ORDER OF REFERRAL TO MEDIATION (Effective June 2018) Upon a review of the court file sua sponte, this Court has determined that this case is appropriate for referral to mediation pursuant to F.R.Civ.P. 1.700 and F.S. 44.102. Accordingly, it is hereby, Ordered: 1. That the Court initially appoints Lawrence Farese Esq., as the Court's Mediator, to attempt to achieve a settlement of the issues in this cause. 2. That an initial or introductory conference shall be held within (60) days of the signing of this Order (unless parties and the mediator jointly stipulate to a later date), and said conference must occur at a mutually agreed upon time and place. 3. That the Attorney for Plaintiff(s), shall, within fifteen (15) days from the date of this order, schedule the date, time and location of said Mediation Conference for the convenience of all parties, attorneys and the Mediator, and shall thereafter provide notice of same to the Court and all parties. 4, That should a party have an objection to the time, date or place of the scheduled FILENN?18/° 18 1 0veGcollierto eeeconference, said party must notify the mediator within (48) hours. The absence of a timely objection shall constitute consent and failure to comply with this Order may subject the appropriate party to an imposition of sanctions, See F.R.Civ.P. 1.730 (c). 5. That if any party objects to the appointment of this Mediator, such party shall file a written objection with this Court within five (5) business days of receipt of this Order. If said objection is filed, the parties shall have an additional five (5) days within which to stipulate to a mediator pursuant to F.R.Civ.P. 1720(f)(1). The absence of a timely filed objection shall constitute consent to the appointment and failure to comply with this Order may be grounds for sanctions. 6. That all communication and correspondence related to the mediation of this cause shall be directed to the Mediator as follows: Lawrence Farese, Esq. 711 Fifth Ave S., Ste. 201 Naples, FL 34102 Ph, 239-213-1973 7. That the following procedures shall apply to the mediation conference: a. The appearance of counsel and clients is mandatory (telephonic participation is not permitted unless stipulated to by all counsel and the Mediator, or by special order of the Court). If insurance is involved, an adjuster with full and complete authority to settle shall be present. Corporate parties shall appear through a management representative with full authority to enter into a full and complete compromise and settlement. b. All parties shall present a brief, written summary of the case to the mediator no later than ten (10) days before the scheduled mediation, containing a list of all issues as to each party.All discussions, representations and statements made at the mediation conference shall be privileged pursuant to F.S, 44.102(3). The mediator shall be compensated at a rate stipulated to by the parties and the Mediator, or as provided by F.R.Civ.P. 1.720(g). Mediation fees shall be equally divided and borne by the parties, and any agreed charges for travel and reasonable expenses are also to be equally divided. Where there are multiple Parties, the fee initially shall be the responsibility of the principal parties, The mediator has no power to compel or enforce settlement agreements, If a settlement agreement is reached in the case, then, pursuant to FRCP 1.730 (b), it shall be the responsibility of the attorneys to memorialize the agreement by video, recording or to reduce the agreement to writing or dictate the settlement agreement to a court reporter and the existence of the settlement agreement shall become a matter of the official record, The Mediator is responsible for determining if a full or partial settlement has been reached, or whether an impasse should be declared. Once the mediation conference has begun, it may be continued by the Mediator for the production of additional evidence or to facilitate the settlement of the cause. Pursuant to F.R.Civ.P. 1.730(b), within ten (10) days of the conclusion of the mediation conference, the Mediator shall notify the Court, (in writing), with a copy to the court file, that the mediation has resulted in a full or partial settlement agreement, or that animpasse has been declared by the Mediator. Done and Ordered in Chambers, Naples, Collier County, Florida, this Lf day of July, 2018. Lge e. Hayes) ‘ugh D, Hayes Circuit Court Judge Copies sent to attorneys via clerk’s email to: Richard Lavariere, Esq. Stephen Bendeck, Esq. Lawrence Farese, Esq.