06-07-10 notice of mediator selection

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1 IN THE UNITED STATES DISTRICT COURT IN AND FOR THE SOUTHERN DISTRICT OF FLORIDA SOUTH FLORIDA TEA PARTY, INC., A Florida non-profit corporation, et al., Plaintiffs, v. CASE NO.: 10-80062-CV-MARRA/JOHNSON TEA PARTY, et al. Defendants. _________________________________/ PLAINTIFFS’ NOTICE OF SELECTION OF MEDIATOR Plaintiffs, by and through the undersigned counsel, and pursuant to the Court’s April 7, 2010 Order (D.E. 23, p. 3-4), hereby give notice of selection of a mediator in this action. Specifically, on June 1, 2010 the undersigned sent the Defendants correspondence reminding them of the parties’ obligation to agree upon a mediator and offering a list of mediators selected from the South District of Florida’s list of Certified Mediators. Defendant O’Neal responded that he had no preference as to which mediator to use. The other Defendants responded to the June 1, 2010 letter, but did not comment on their preference for any particular mediator, or in fact make any reference to the selection of a mediator. Given the above, as well as the pattern of Mr. O’Neal speaking for the Defendants, the undersigned believes that they have been given the Defendants’ consent to choose a mediator from the list of mediators provided in the June 1, 2010 letter. To that end, Plaintiffs hereby notify the Court that mediation will be conducted before Laurie L. Riemer, Esq., 1 whose offices are located at 20143 NE 19th Place, N. Miami Beach, FL 33179, and whose phone number, facsimile number and email address are 305-932-2200, Fax: 305-792-2061, and Email: 1 Ms. Riemer has confirmed that she does not have any conflict of interest that would preclude her from mediating this action. Case 9:10-cv-80062-KAM Document 40 Entered on FLSD Docket 06/07/2010 Page 1 of 3

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Notice of Mediator Selection

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Page 1: 06-07-10 Notice of Mediator Selection

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IN THE UNITED STATES DISTRICT COURT IN AND FOR THE SOUTHERN DISTRICT OF FLORIDA

SOUTH FLORIDA TEA PARTY, INC., A Florida non-profit corporation, et al., Plaintiffs, v. CASE NO.: 10-80062-CV-MARRA/JOHNSON TEA PARTY, et al. Defendants. _________________________________/

PLAINTIFFS’ NOTICE OF SELECTION OF MEDIATOR

Plaintiffs, by and through the undersigned counsel, and pursuant to the Court’s April 7,

2010 Order (D.E. 23, p. 3-4), hereby give notice of selection of a mediator in this action.

Specifically, on June 1, 2010 the undersigned sent the Defendants correspondence

reminding them of the parties’ obligation to agree upon a mediator and offering a list of

mediators selected from the South District of Florida’s list of Certified Mediators. Defendant

O’Neal responded that he had no preference as to which mediator to use. The other Defendants

responded to the June 1, 2010 letter, but did not comment on their preference for any particular

mediator, or in fact make any reference to the selection of a mediator.

Given the above, as well as the pattern of Mr. O’Neal speaking for the Defendants, the

undersigned believes that they have been given the Defendants’ consent to choose a mediator

from the list of mediators provided in the June 1, 2010 letter. To that end, Plaintiffs hereby

notify the Court that mediation will be conducted before Laurie L. Riemer, Esq.,1 whose offices

are located at 20143 NE 19th Place, N. Miami Beach, FL 33179, and whose phone number,

facsimile number and email address are 305-932-2200, Fax: 305-792-2061, and Email:

1 Ms. Riemer has confirmed that she does not have any conflict of interest that would preclude her from mediating this action.

Case 9:10-cv-80062-KAM Document 40 Entered on FLSD Docket 06/07/2010 Page 1 of 3

Page 2: 06-07-10 Notice of Mediator Selection

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[email protected] at a time and place mutually agreeable between the parties no later than

October 3, 2010.

Dated June 7, 2010

Respectfully Submitted,

By: /s/ FRANK HERRERA Frank Herrera Florida Bar No. 494801 Email: [email protected] Gustavo Sardiña Florida Bar No. 31162 Email: [email protected] QUINTAIROS, PRIETO, WOOD & BOYER 9300 S. Dadeland Blvd., Fourth Floor Miami, Florida 33156 Telephone: 305-670-1101 Facsimile: 305-670-1161

And Timothy Lucero, Esq. LUCERO LAW GROUP 10693 Wiles Road, Suite 159 Coral Springs, Florida 33076 Tel.: (954) 592-5277 Email: [email protected]

Case 9:10-cv-80062-KAM Document 40 Entered on FLSD Docket 06/07/2010 Page 2 of 3

Page 3: 06-07-10 Notice of Mediator Selection

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true copy hereof is being filed via the Court’s CM/ECF online filing system, and that the same is being served on the Defendants, namely:

The Tea Party and Frederic B. O’Neal, Esq. P.O. Box 842 Windermere, Florida 34786 Nicholas Egoroff 5402 Andover Drive Orlando, Florida 32812 Douglas Guetzloe P.O. Box 531101 Orlando, Florida 32853

via U.S. Mail this 7th day of June, 2010. By: _s/GUSTAVO SARDIÑA___ Gustavo Sardiña

Case 9:10-cv-80062-KAM Document 40 Entered on FLSD Docket 06/07/2010 Page 3 of 3