Agenda 09/22/2015 Item #16K4 9/22/2015 16.K4.
Executive Summary
Recommendation to designate Commissioner Tim Nance to attend the September 25, 2015
mediation relating to Dwight E. Brock, Clerk of Courts v. Leo E. Ochs, Jr., et al - Case No.
2015-CA-00595, as a Collier County representative.
OBJECTIVE: To designate a Collier County representative to attend the mediation scheduled
for September 25, 2015, in re: Dwight E. Brock v. Leo E. Ochs, Jr., et al - Case No. 2015-CA-
00595.
CONSIDERATIONS: A Court ordered mediation for this matter has been scheduled for
September 25`", with J. Dudley Goodlette appointed as mediator. The appearance of both
counsel and clients is mandatory. In a previous mediation with the Clerk, the Board appointed
its Chair as its representative. The County Attorney has spoken with the Chair, who is
amendable to attend the mediation should he be so designated by the Board. Any potential
settlement agreement reached at mediation is subject to approval by the Board of County
Commissioners at a regularly scheduled Board meeting.
FISCAL IMPACT: None.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
LEGAL CONSIDERATIONS: The County Attorney has reviewed this item and approved it
as to form and legality. This item requires majority vote. —JAK
RECOMMENDATION: That the Board of County Commissioners designates Commissioner
Tim Nance to attend and serve as the County's representative during the September 25, 2015
mediation relating to Dwight E. Brock, Clerk of Courts v. Leo E. Ochs, Jr., et al - Case No.
2015-CA-00595.
Prepared By: Jeffrey A. Klatzkow, County Attorney
Attachment: Order of Referral to Mediation
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9/22/2015 16.K.4.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.4.
Item Summary: Recommendation to designate Commissioner Tim Nance to attend the
September 25, 2015 mediation relating to Dwight E. Brock, Clerk of Courts v. Leo E. Ochs,Jr., et
at - Case No. 2015-CA-00595, as a Collier County representative.
Meeting Date: 9/22/2015
Prepared By
Name:NeetVirginia
Title: Legal Assistant/Paralegal, CAO Office Administration
9/10/2015 3:37:50 PM
Submitted by
Title: County Attorney,
Name: KlatzkowJeff
9/10/2015 3:37:52 PM
Approved By
Name: StanleyTherese
Title: Manager-Grants Compliance, Grants Management Office
Date: 9/10/2015 3:49:44 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 9/10/2015 4:20:53 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 9/10/2015 4:32:20 PM
Name: IsacksonMark
Title: Division Director-Corp Fin &Mgmt Svc, Office of Management&Budget
Date: 9/11/2015 10:39:36 AM
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9/22/2015 16.K.4.
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 9/13/2015 9:35:18 AM
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9/22/2015 16.K.4.
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
DWIGHT E. BROCK, as Clerk of the
Circuit Court of Collier County, Florida,
Plaintiff,
v. CASE NO.: 15-CA-0595
LEO E.OCHS,JR.,as Manager/
Administrator of COLLIER COUNTY,a
Political Subdivision of the State of
Florida and JOANNE MARKIEWICZ, r7-1 As Purchasing&General Services Division I .
Director of COLLIER COUNTY, a r cv
Political Subdivision of the State of Florida,
And as an agent of Manager/Administrator — T'
Of COLLIER COUNTY, LEO E. OCHS,JR.,
Defendant. .
ORDER OF REFERRAL TO MEDIATION
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 appoints J. Dudley Goodlette, Esquire, as the Court's Mediator,to
attempt to achieve a settlement of the issues in this cause.
2. That a mediation conference shall be held within (60) days of the signing of this
Order, at a time and place mutually agreed upon between the parties and the
Mediator.
3. That counsel for Plaintiff, shall, within fifteen (15) days from the date of this order,
schedule the date, time and location of said Mediation Conference for the
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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
conference, 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. 1730(c).
5. That if any party objects to the appointment of J. Dudley Goodlette, Esquire, as the
Court's 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:
J. Dudley Goodlette, Esq.
4751 Gulf Shore Blvd., N Ph-05
Naples, FL 34103-2638
239-290-9080 (office number)
godud@Comcast.net
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).
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.
c. All discussions, representations and statements made at the mediation
conference shall be privileged pursuant to F.S. 44.102(3).
d. 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.
e. The mediator has no power to compel of 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
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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.
f. 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.
g. 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 an impasse has been declared by the
Mediator.
-
Done and Ordered in Chambers, Naples, Collier County, Florida,this ] day of July, 2015.
ll%r g %PSG".1
JAM,E R.SHEN
CJ2UIT COURT JUDGE
Conformed copies by mail to:
J. Dudley Goodlette, Esq.,4751 Gulf Shore Blvd., N Ph-05, Naples, FL 34103-2638
Copies via Clerk's email to:
Anthony P. Pires, Esq.
apires @wpl-legal.com
Marni Scuderi, Esq.
Marni.scuderi@collierclerk.com
David P.Ackerman, Esq.
dackerman@ialslaw.com
Andrew H. Reiss, Esq.
ahreiss @napleslaw.com
Jamie A.Cole, Esq.
icole @wsh-law.com
John J. Quick, Esq.
lauick @wsh-law.com
Adam A.Schwartzbaum, Esq.
aschwartzbaum@wsk-law.com
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