IN THE COUNTY COURT OF THE ELEVENTH JUDICIAL CIRCUITIN AND FOR MIAMI DADE COUNTY, FLORIDA

GENERAL JURISDICTION DIVISION

CASE NO. 11 20527 CA 21

LTA LOGISTICS, INC.A Florida corporation, andLESTER TRIM I NO,ANNETTE TRIMINO,LESTER TRIMINOSR.,

THE ORIGiNAtPlaintiff's and Defendant's in the counterclaim,

v. JAN 2 0 2012

Enrique Varona,CIRCUIT COURT DADE CO., FL

Defendant and Plaintiff in the counterclaim,

MOTION TO SET FOR TRIAL ON THE MERITS

COMES NOW, The Defendant and Plaintiff in the counterclaim, Enrique Varona, proceeding

pro-se, (from hereon, "Varona") a human person and not a corporate fiction or statutory

person, hereby certifies that this case is ready for trial by jury in accordance to Fl. Rule of

Civ. Pro 1.440 section (a) and (c) reprinted at the bottom of this form, and moves this

honorable Court to set this case for trial.

Florida Rules of Civil Procedure

RULE 1..440 SETTING ACTION FOR TRIAL

(a) When at Issue. An action is at issue after any motions directed to the last

pleading served have been disposed of or, if no such motions are served, 20 days

after service of the last pleading. The party entitled to serve motions directed to the last

pleading may waive the right to do so by filing a notice for trial at any time after the last

pleading is served. The existence of crossclaims among the parties shall not prevent the

court from setting the action for trial on the issues raised by the complaint, answer, and any

answer to a counterclaim.

(b) Notice for trial. Thereafter any party may file and serve a notice that the action

is at issue and ready to be set for trial.

(c) Setting for Trial. If the court finds the action ready to be set for trial, it shall

enter an order fixing a date for trial. Trial shall be set not less than 30 days from

the service of the notice for trial. By giving the same notice the court may set an

action for trial. In actions in which the damages are not liquidated, the order

setting an action for trial shall be served on parties who are in default in

accordance with rule 1.080(a).

Ri (speqtfully submitted,

Enriqugyarona\4823 Sj.W. 125 Ct.Miami Florida 33186

IN THE CIRCUIT COURT OF THE11™ JUDICAL CIRCUIT IN ANDFOR MIAMI-BADE COUNTY, FLORIDA

GENERAL JURISDICTION DIVISION

CASE NUMBER: 11-20527 CA 21

HONORABLE WILLIAM THOMAS

MT.Jr-HEORIGfNAL FILEDIN THE OFFICE OF THE CLERK

JAN 3 1 2012

LTA LOGISTICS,DSfC.A Florida Corporation, andLESTER TRIMINO

Plaintiffs,

-VS-

ENRIQUEVARONA,Defendant.

NOTICE OF TRIAL

COMES NOW, the Plaintiffs, LTA LOGISTICS and LESTER TRIMINO, by and through the

undersigned counsel and gives this Notice of Trial and declares that this cause is at issue. The amount of

time to try this case is one (1) day.

Scott Egleston, PA12000 Biscayne Blvd. St.220North Miami, Florida 33181Tel: (305) 892-8088Fax: (305) 892-9562

"eByScott Egleston,Fla. Bar No.: 88^425

CERTIFICATE OF SERVICE

I HEREBY CERTIFY, a true and correct copy of the foregoing was sent by mail to Enrique

Varona at 14823 S.W.US* Court. Miami Florida 33186 on this day of

^-^^^cA^i^ ^ 2012.

" ^

Scott Egleston

IN THE COUNTY COURT OF THE ELEVENTH JUDICIAL CIRCUITIN AND FOR MIAMI DADE COUNTY, FLORIDA

GENERAL JURISDICTION DIVISION

CASE NO. 11 20527 CA 21

LTA LOGISTICS, INC.A Florida corporation, andLESTER TRIMINO,ANNETTE TRIMINO, i n R I C i l N A ILESTER TRIMINO SR., RLED ON

Plaintiff s and Defendant'sin the counterclaim, FPR ") L 9fl19

V> IN THE OFFICE OF,, ,7 CIRCUIT COURT DAOE CO., FLEnrique Varona,

Defendant and Plaintiff in the counterclaim,

NOTICE OF COUNTERCLAIM TRIAL BY JURY

COMES NOW, The Defendant and Plaintiff in the counterclaim, Enrique Varona, proceeding pro-se, (from hereon, "Varona") a

human person and not a corporate fiction or statutory person, hereby certifies that the case is ready for trial in accordance with

Florida Rule of Civil Procedure 1.440, sections (a) and (b) & 1.270, section (b) reprinted at the bottom of this form, and moves this

honorable court to set this case for trial. The amount of time to try this case is (3) days.

RULE 1.270 CONSOLIDATION; SEPARATE TRIALS:

(b) Separate Trials. The court in furtherance of convenience or to avoid prejudice may order a separate trial ofany claim, crossclaim, counterclaim, or third-party claim or of any separate issue or of any number of claims,crossclaims, counterclaims, third-party claims, or issues.

CERTIFICATE OF SERVICE

I HEREBY^ CERTIFY, a true and correct copyof the foregoing was sent by mail to Scott Egleston P. A. at 12000 Biscayne BlvdSuite 220,\Miami, ftorida 33181 on This ^"7_oay of February 2012.

Respectfully submitted, \

^\-/(

Enriqu'e Yaronai482l§yW. 125 CtMiami .Florida 33186

IN THE COUNTY COURT OF THE ELEVENTH JUDICIAL CIRCUITIN AND FOR MIAMI DADE COUNTY, FLORIDA

GENERAL JURISDICTION DIVISION

CASE NO. 11 20527 CA 21

LTA LOGISTICS, INC.A Florida corporation, andLESTER TRIMINO,ANNETTE TRIMINO,LESTER TRIMINO SR., TH§ j ^

Plaintiffs and Defendant's in the counterclaim,

APR 2 3 2012v.

Enrique Varona,

Defendant and Plaintiff in the counterclaim,

I

REQUEST FOR APPOINTMENT OF MEDIATOR

Here Comes the Defendant, Enrique Varona; a human person appearing Pro se, to request

from this honorable Court that it appoint a mediator to hear this cause as per Court order dated

March 28, 2012.

DEFENDANT AFFIRMATION FOR APPOINTMENT OF MEDIATION

1. I am the Defendant and Appellant in this cause of action.

2. Parties have not been able to agree on a mediator.

espectfully submitted,)ect

~J\PVA~ I J&AJ/V^-iqute Varona, pro se14823 S.W. 125 CourtMiami, Florida 33186

LTA LOGISTICS, INC.

Plaintiffs),

v.

ENRIQUE VARONA,

Defendant(s).

IN THE CIRCUIT COURT OF THEELEVENTH JUDICIAL CIRCUIT IN ANDFOR MIAMI DADE COUNTY, FLORIDA

GENERAL JURISDICTION DIVISIONJudicial Section: 21Case No. 11-20527-CA-01

UNIFORM ORDER SETTING CAUSE FORJURY TRIAL, PRE-TRIAL CONFERENCEAND PRE-TRIAL INSTRUCTIONS

THIS CAUSE is set for Jury Trial before the undersigned Judge in a courtroom assigned forhis/her use in the Dade County Courthouse, 73 West Flagler Street, Miami, Florida, for the three (3)week period commencing September 3, 2012, or as soon thereafter as the same may be heard.

ALL ATTORNEYS, pursuant to Rule 1.200 F.R.Civ.P., are directed to appear before theundersigned Judge, at the Dade County Courthouse, for a (Pre-Trial Conference) Caff of theCalendar at 01:30 PM on Thursday, August 23, 2012. All attorneys should be thoroughly familiarwith the cause and prepared to consider and determine such matters as are set forth in Rule1.200(b). Failure to appear as directed or to otherwise strictly comply with the terms of this Ordermay result in sanctions, including dismissing the action, striking the pleadings, limiting proof orwitnesses or taking any other appropriate action. It is further

ORDERED AND ADJUDGED as follows:

1. The parties shall do all things reasonable and necessary to assure the availability of theirwitnesses for the entire trial period or to otherwise preserve their testimony for trial as provided bythe Florida Rules of Cjyil Procedure. See Rules 1.300 and 1.460 F.R.Civ.P. and Rule 2.0857of the_Florida Rules of Judicial Administration.

2. The following shall be done no later than sixty (80) days prior to the Monday of the trialperiod set forth above:

(a) Parties shall furnish opposing counsel with the names and addresses of all expertwitnesses to be called at trial and all information regarding expert testimony that is required by Rule1.280(4)(A). Each party is limited to one expert per specialty. No other expert testimony shall bepermitted at trial. Information furnished pursuant to this paragraph shall be timely filed with the Clerkof the Court.

3. The following shall be done no later than forty-five (45) days prior to the Monday of thetrial period set forth above:

(a) Parties shall furnish opposing counsel with a written list containing the names andaddresses of all non-expert witnesses (impeachment, rebuttal or otherwise) intended to be called attrial and only those witnesses listed shall be permitted to testify. A written list identifying all exhibitsintended to be offered shall also be furnished to opposing counsel and only those exhibits may be

Page 1 of 2

offered in evidence. Copies of witness and exhibit lists shall be timely filed with the Clerk of theCourt.

(b) All exhibits to be offered in evidence at trial shall be made available to opposing counselfor examination and initialing.

(c) All plaintiff medical evaluations and other examinations pursuant to Rule 1.360 F.R.Civ.P. shall have been completed.

4. The following shall be done at least fifteen (15) days prior to the Monday of the trialperiod set forth above:

(a) All pre-trial motions, depositions noticed for use at trial and/or discovery matters orproceedings related thereto shall have been completed. Counsel are admonished to undertake,initiate and/or complete a!! discovery in such a manner as to comply with the time limitationsset forth herein. No further discovery procedures or depositions for preservation oftestimony sha!! be allowed without specific leave of Court or Court-approved writtenagreement of counsel.

(b) Counsel shall meet with a view toward exhausting all efforts to reach a settlement.

5. Counsel shall immediately notify this Court in the event of settlement and submit aStipulation for and Order of Dismissal. Counsel shall also notify the Court of any pending hearingsthat will be canceled as a result of the settlement.

6. In the event the Trial of this matter is continued, then each time limitation and provisioncontained above shall apply as to the new trial date.

DONE AND ORDERED in Chambers, at Miami, Dade County, Florida, on this 28th day ofMarch, 2012.

Marcia CaballeroCIRCUIT COURT JUDGE

IT IS HEREBY CERTIFIED that a true copy of this Order was mailed to each attorney of recordand/or party appearing without counsel on the above date, as follows:

Original to Court File

Copies furnished to:Scott Egleston, Esq. 12000 Biscayne Boulevalrd # 220 Miami, FL 33181Enrique Varona 14823 SW 125 Court Miami, FL 33186

"If you are a person with a disability who needs any accommodation in order toparticipate in this proceeding, you are entitled, at no cost to you, to the provisionof certain assistance. Please contact the Eleventh Judicial Circuit Court's ADACoordinator, Lawson E. Thomas Courthouse Center, 175 NW 1st Ave., Suite2702, Miami, FL 33128, Telephone (305) 349-7175; TDD (305) 349-7174, Fax(305) 349-7355 at least 7 days before your scheduled court appearance, orimmediately upon receiving this notification if the time before the scheduledappearance is less than 7 days; if you are hearing or voice impaired, call 711."

Page 2 of 2

LTA LOGISTICS, INC.

Plaintiff(s),

v.

ENRIQUE VARONA,

Defendant(s).

IN THE CIRCUIT COURT OF THEELEVENTH JUDICIAL CIRCUIT IN ANDFOR MIAMI-DADE COUNTY, FLORIDA

GENERAL JURISDICTION DIVISIONJudicial Section: 21Case No. 11-20527-CA-01

TRIAL DATE: Septembers, 2012(NOTSET:)_x_)

ORDER OF REFERRAL TO MEDIATION

Pursuant to Chapter 44 of the Florida Statutes, Rules 1.700-1.760 F.R.Civ.P., andAdministrative Order No. 92-39 (entered in Case No. 92-1), the above styled cause is herebyreferred to mediation:

(1) Within fifteen days (ten days plus an additional five days for mailing) of this Order ofReferral, the parties may mutually agree upon the designation of any certified mediator of theirchoice. If able to agree, the plaintiff or petitioner shall, within the time period set forth above, file withthe Clerk of the Court, and serve upon the parties, the agreed upon mediator, theMediation/Arbitration Division of the 11th Judicial Circuit (address: 73 West Flagler Street, Room1801, Miami, Florida 33130; telephone: (305) 349-7328), and the trial Judge's Judicial Assistant, a"Notice of Stipulation of Mediator" which shall identify the name, address, and telephone number ofthe mediator agreed upon. Upon filing the "Notice of Stipulation of Mediator", said Mediator shall bedeemed designated to mediate without further Order of Court.

(2) In the event the parties are unable to agree upon the selection of a mediator within thespecified period, the plaintiff or petitioner shall make a "Request for Appointment of Mediator" fromthe Mediation Division within five (5) days thereafter, certifying that notwithstanding a good faitheffort to agree, the parties were unsuccessful in so doing and requesting said Division to select thenext available mediator from the rotating list of Certified Mediators. Said "Request for Appointmentof Mediator" shall be filed with the Clerk of the Court and copies shall be served upon the MediationDivision, all parties, and the trial Judge's Judicial Assistant. The Division shall make said selectionand file with the Clerk of the Court a "Notice of Designation of Mediator". The "Request forAppointment" shall be accompanied by a sufficient number of stamped addressed envelopes inorder for the Division to serve the "Notice of Designation of Mediator" upon the parties, the selectedmediator and the trial Judge's Judicial Assistant. Upon filing of the "Notice of Designation ofMediator", the Mediator selected by the Division shall be deemed designated to mediate withoutfurther order of court.

Page 1 of 2

3) The appearance of counsel, and each party or representative of each party with authorityto enter into a full and complete compromise and settlement, without further consultation, ismandatory. If insurance is involved, an adjuster with authority up to the policy limits or the mostrecent demand, whichever is lower, shall attend.

(4) The Mediator shall be compensated at a rate of $125.00 per hour (unless otherwiseagreed to by the Mediator and parties), with a two (2) hour minimum, to be divided equally betweenall of the parties. This minimum two (2) hour fee shall be paid at least seven (7) days prior to thescheduled mediation conference, and the balance of the fee, if any, shall be paid at the conclusionof the conference. Counsel for the respective parties are responsible for financial arrangements withtheir clients and timely payment of mediation fees. The mediation conference shall not exceed (3)three hours, unless the parties otherwise agree and participate longer.

(5) Written notice to the Mediator of any change or cancellation of the scheduled mediationconference must be given at least 72 hours prior to said conference. Failure to do so shall result inthe imposition of the two (2) hour minimum fee paid by the canceling party to the Mediator, unlessthe Court orders otherwise for exceptional circumstances beyond the parties' control or the Mediatoragrees to waive same.

(6) The parties and designated Mediator are ordered and directed to proceed with mediationin accordance with the Rules of Civil Procedure, which mediation shall be held prior tocommencement of the trial period. If any of the parties fails to comply with the obligations set forthherein to ensure that mediation is accomplished expeditiously, the Court may, on its own Motion oron Motion of any party, dismiss the case, strike pleadings, enter default, remove the case from thetrial calendar, or impose any other sanctions that it may deem appropriate under the circumstances.

DONE AND ORDERED in Chambers, at Miami, Dade County, Florida, on this 28th day ofMarch, 2012. '

Marcia CaiD-alferoCIRCUIT COURT JUDGE

Original to Court File

Copies_furnished to:Mediation DivisionScott Egleston, Esq. 12000 Biscayne Boulevalrd # 220 Miami, FL 33181Enrique Varona 14823 SW 125 Court Miami, FL 33186

"If you are a person with a disability who needs any accommodation in order toparticipate in this proceeding, you are entitled, at no cost to you, to the provisionof certain assistance. Please contact the Eleventh Judicial Circuit Court's ADACoordinator, Lawson E. Thomas Courthouse Center, 175 NW 1st Ave., Suite2702, Miami, FL 33128, Telephone (305) 349-7175; TDD (305) 349-7174, Fax(305) 349-7355 at least 7 days before your scheduled court appearance, orimmediately upon receiving this notification if the time before the scheduledappearance is less than 7 days; if you are hearing or voice impaired, call 711."

Page 2 of 2

v.

LTA LOGISTICS. INC.. ETC.. ET AL.

Plaintiff(s),

and

ENRIQUE VARONA

Defendant(s),

IN THE CIRCUIT COURT OF THEELEVENTH JUDICIAL CIRCUIT, IN ANDFOR MIAMI-DADE COUNTY, FLORIDA

Civil MEDIATION DIVISION

CASE NO.: 11-20527 31

NOTICE OF DESIGNATION OF MEDIATOR

Pursuant to the Plaintiff's Request for Appointment of Mediator, the following( Certified Mediator) shall hereby be designated to conduct the Mediation Conference tothis action:

Name: Carmen Alpizar hellman

Address: 100 Almeria Ave #340

City: Coral gables State: FL

Telephone: 305-503-3050

Mediatior ID: 0096830

Zip: 33134

The Plaintiff shall contact the above Mediator to schedule a Mediation Conference, tobe held within ( 30 ) days of the date of this notice of Designation, and shall providewritten notice to the Defendant of the scheduled date.

The above named mediator is-designated tofBed+ate wrthout further Order of the Court.

Dated Monday, April 23, 2012 3:18:14PM

Original to Court FileCopy to: Counsel of RecordDesignated Mediator

i.fyjtwflj[/'-*"**y-i— i>.»-v-7 —•«•_—•-*. -•—

Vivian Perez : /SIrector of Mediation(305) 349-7328 phone (305) 349-7342 fax

Courtesy copy to Judge: JOHN SCHLESSINGER r>

Printed on: 4/23/2012 £oMin V- A

I /OO- J^ )/

100 Almeria AvenueSuite 340Coral Gabies, FL 33134

T: 305.503.3030F; 305,448.2897

HellmanMederps

Ye I inATTORNEYS & MEDIATORS May 14,

Enrique Varona14823S.W, 125 CourtMiami, FL 33186

and

Scott Egleston, Esq.12000 Biscayne Blvd., Suite 220Miami, FL 33181

RE: LTA Logistics, Inc. etc. et. al. vs. Enrique VaronaCase No.: 11-20527

Dear Mr. Varona and Mr. Egleston,

I. Introduction

As you know, 1 have been appointed by the Court to serve as mediator in the above-referenced case. This is to confirm the acceptance of my appointment and the scheduling of themediation session in this matter.

II. Scheduling

The scheduled mediation will take place at my office, located at 100 Almeria Avenue,Suite 340, Coral Gables, Florida 33134, on Thursday, May 31, 2012, at 1:00 p.m. Please adviseyour clients to be on time in deference to all parties as charges begin at the time set for thesession. If you have any specific time constraints, please advise me immediately. Two hours ofmy time is being set aside. Further arrangements can be made should additional time berequired.

HellmanMederosYelin.com

III. Mediation Fees and Payments

My hourly rate will be $125.00 per hour per the rules of the Eleventh Judicial CircuitCourt for the appointment of mediators on the mediation wheel. All mediation charges are to bedivided equally and equitably among the parties, unless the mediator is advised the parties haveagreed otherwise. Payment for the above-reserved two hours, or any additional time should themediation exceed the time reserved, is to be made at the conclusion of the mediation. An invoicewill be provided at the conclusion of the mediation detailing the amounts owed by each party.Your participation in the mediation shall constitute your agreement to the above.

IV. ADA

If there are any special needs or accommodations that need to be made, please advise meimmediately.

V. Appearance at Mediation and Authority to Settle

Pursuant to Florida Rule of Civil Procedure 1.720, please note that, unless otherwisepermitted by court order or stipulated by the parties in writing, the following persons mustappear at the mediation: the parties or a representative of the parties having full settlementauthority to settle without further consultation; and the party's counsel of record, if any; and arepresentative of the insurance carrier for any insured party who is not such carrier's outsidecounsel and who has full authority to settle in an amount up to the amount of the plaintiffs lastdemand or policy limits, whichever is less, without further consultation. In accord with FloridaRule of Civil Procedure l,720(e), please provide me with the names of all persons with fullsettlement authority who will attend the mediation.

VI. Role of Mediator

The mediator will not provide any legal service or render legal advice.

VII. Confidentiality

Please review the Mediation Confidentiality and Privilege Act, found at Fla. Stat.§44.401- 44.406, and Rule 10.360 of the Florida Rules for Certified and Court-AppointedMediators. This will confirm that you and your clients agree that Fla. Stat. §44.102 and44.107(1) apply to my service as a mediator in this matter.

VIII. Mediation Statements

Submission of a mediation statement or summary is not required. However, if you wishto submit a statement or letter addressing the facts of the case, any relevant legal issues, thestatus of the action, or any other additional information you would like me to know in advance ofthe mediation, I will be happy to review same. You may submit these as confidentialsubmissions or you may exchange them with each other, whatever your preference. If you

submit these confidentially, please designate them as confidential. I will review these prior tothe mediation at the same hourly rate referenced above.

Thank you in advance for the opportunity to serve as your mediator. I look forward tomeeting each of you at the mediation. In the meantime, should you have any questionsconcerning the foregoing, please do not hesitate to contact me.

Sincerely,

Carmen A. Hellman

IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUITIN AND FOR MIAMI-DADE COUNTY, FLORIDA

CIVIL DIVISION

LTA LOGISTICS, INC.,

Plaintiff,

CASE NO.: 11-2052731

v.

ENRIQUE VARONA,

Defendant.

MEDIATOR'S REPORT

Pursuant to Florida Statute, Chapter 44, and Order of Referral, and Notice of Designationof Mediator dated April 23, 2012, this matter came before the undersigned Supreme Court ofFlorida Certified Circuit Civil Mediator of the Eleventh Judicial Circuit of Florida on May 31,2012.

The following persons appeared for the mediation: Scott Egleston, Esq. (counsel forPlaintiff, LTA Logistics, Inc.) and Enrique Varona (Pro-Se Defendant). An agreement was notreached.

Done in Coral Gables, Miami-Dade County, Florida, this 8th day of June, 2012.

Copies to:Scott Egleston, Esq.Enrique Varona

By:.Carmen A. HellmanSupreme Court Certified Circuit CivilMediatorFlorida Bar No. 0096830100 Almeria Avenue, Suite 340Coral Gables, FL 33134T: 305-503-3050F: 305-448-2897