IN THE COUNTY COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI DADE COUNTY, FLORIDA GENERAL JURISDICTION

DIVISION CASE NO. 11 20527 CA 21

LTA LOGISTICS, INC. A Florida corporation, and LESTER TRIM I NO, ANNETTE TRIMINO, LESTER TRIMINOSR.,
Plaintiff's and Defendant's in the counterclaim,

THE ORIGiNAt

v.
Enrique Varona,
Defendant and Plaintiff in the counterclaim,

JAN 2 0 2012
CIRCUIT COURT DADE CO., FL

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 THE 11 JUDICAL CIRCUIT IN AND FOR MIAMI-BADE COUNTY, FLORIDA

LTA LOGISTICS,DSfC. A Florida Corporation, and LESTER TRIMINO

Plaintiffs,
-VS-

GENERAL JURISDICTION DIVISION CASE NUMBER: 11-20527 CA 21 HONORABLE WILLIAM THOMAS

ENRIQUEVARONA, Defendant.

MT.Jr-HEORIGfNAL FILED IN THE OFFICE OF THE CLERK

JAN 3 1 2012
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, PA 12000 Biscayne Blvd. St.220 North Miami, Florida 33181 Tel: (305) 892-8088 Fax: (305) 892-9562

By

Scott Egleston, Fla. Bar No.: 88^425

"e

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 CIRCUIT

IN AND FOR MIAMI DADE COUNTY, FLORIDA

GENERAL JURISDICTION DIVISION

CASE NO. 11 20527 CA 21 LTA LOGISTICS, INC. A Florida corporation, and LESTER TRIMINO, ANNETTE TRIMINO, LESTER TRIMINO SR., Plaintiff s and Defendant'sin the counterclaim,
V>

inRICilNAI RLED ON FPR ") L 9fl19

IN THE OFFICE OF

Enrique Varona, Defendant and Plaintiff in the counterclaim,

,,

,7

CIRCUIT COURT DAOE CO., FL

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 of any 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 Blvd Suite 220,\Miami, ftorida 33181 on This ^"7_oay of February 2012. Respectfully submitted, \
^\-/(

Enriqu'e Yarona i482lyW. 125 Ct Miami .Florida 33186

IN THE COUNTY COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION
CASE NO. 11 20527 CA 21

LTA LOGISTICS, INC. A Florida corporation, and LESTER TRIMINO, ANNETTE TRIMINO, LESTER TRIMINO SR., Plaintiffs and Defendant's in the counterclaim,

TH

^ ^ j ^

v.
Enrique Varona, Defendant and Plaintiff in the counterclaim,
I

APR 2 3 2012

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 iqute Varona, J&AJ/V^pro se 14823 S.W. 125 Court Miami, Florida 33186

IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION Judicial Section: 21 Case No. 11-20527-CA-01 LTA LOGISTICS, INC. Plaintiffs),

v.
ENRIQUE VARONA, Defendant(s).

UNIFORM ORDER SETTING CAUSE FOR JURY TRIAL, PRE-TRIAL CONFERENCE AND PRE-TRIAL INSTRUCTIONS

THIS CAUSE is set for Jury Trial before the undersigned Judge in a courtroom assigned for his/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 the undersigned Judge, at the Dade County Courthouse, for a (Pre-Trial Conference) Caff of the Calendar at 01:30 PM on Thursday, August 23, 2012. All attorneys should be thoroughly familiar with the cause and prepared to consider and determine such matters as are set forth in Rule 1.200(b). Failure to appear as directed or to otherwise strictly comply with the terms of this Order may result in sanctions, including dismissing the action, striking the pleadings, limiting proof or witnesses 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 their witnesses for the entire trial period or to otherwise preserve their testimony for trial as provided by the 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 trial period set forth above: (a) Parties shall furnish opposing counsel with the names and addresses of all expert witnesses to be called at trial and all information regarding expert testimony that is required by Rule 1.280(4)(A). Each party is limited to one expert per specialty. No other expert testimony shall be permitted at trial. Information furnished pursuant to this paragraph shall be timely filed with the Clerk of the Court. 3. The following shall be done no later than forty-five (45) days prior to the Monday of the trial period set forth above: (a) Parties shall furnish opposing counsel with a written list containing the names and addresses of all non-expert witnesses (impeachment, rebuttal or otherwise) intended to be called at trial and only those witnesses listed shall be permitted to testify. A written list identifying all exhibits intended 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 the Court. (b) All exhibits to be offered in evidence at trial shall be made available to opposing counsel for 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 trial period set forth above: (a) All pre-trial motions, depositions noticed for use at trial and/or discovery matters or proceedings 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 limitations set forth herein. No further discovery procedures or depositions for preservation of testimony sha!! be allowed without specific leave of Court or Court-approved written agreement 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 a Stipulation for and Order of Dismissal. Counsel shall also notify the Court of any pending hearings that 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 provision contained above shall apply as to the new trial date. DONE AND ORDERED in Chambers, at Miami, Dade County, Florida, on this 28th day of March, 2012.

Marcia Caballero CIRCUIT COURT JUDGE IT IS HEREBY CERTIFIED that a true copy of this Order was mailed to each attorney of record and/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 33181 Enrique Varona 14823 SW 125 Court Miami, FL 33186

"If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Eleventh Judicial Circuit Court's ADA Coordinator, Lawson E. Thomas Courthouse Center, 175 NW 1st Ave., Suite 2702, Miami, FL 33128, Telephone (305) 349-7175; TDD (305) 349-7174, Fax (305) 349-7355 at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711."
Page 2 of 2

IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION Judicial Section: 21 Case No. 11-20527-CA-01 TRIAL DATE: Septembers, 2012 (NOTSET:)_x_) LTA LOGISTICS, INC. Plaintiff(s),

v.
ENRIQUE VARONA, Defendant(s).

ORDER OF REFERRAL TO MEDIATION

Pursuant to Chapter 44 of the Florida Statutes, Rules 1.700-1.760 F.R.Civ.P., and Administrative Order No. 92-39 (entered in Case No. 92-1), the above styled cause is hereby referred to mediation: (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. 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 Mediation/Arbitration Division of the 11th Judicial Circuit (address: 73 West Flagler Street, Room 1801, 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 of the mediator agreed upon. Upon filing the "Notice of Stipulation of Mediator", said Mediator shall be deemed 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 the specified period, the plaintiff or petitioner shall make a "Request for Appointment of Mediator" from the Mediation Division within five (5) 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 "Request for Appointment of Mediator" shall be filed with the Clerk of the Court and copies shall be served upon the Mediation Division, all parties, and the trial Judge's Judicial Assistant. The Division shall make said selection and file with the Clerk of the Court a "Notice of Designation of Mediator". The "Request for Appointment" shall be accompanied by a sufficient number of stamped addressed envelopes in order for the Division to serve the "Notice of Designation 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.

Page 1 of 2

3) The appearance of counsel, and each party or representative of each party with authority to enter into a full and complete compromise and settlement, without further consultation, is mandatory. If insurance is involved, an adjuster with authority up to the policy limits or the most recent demand, whichever is lower, shall attend. (4) The Mediator shall be compensated at a rate of $125.00 per hour (unless otherwise agreed to by the Mediator and parties), with a two (2) hour minimum, to be divided equally between all of the parties. This minimum two (2) hour fee shall be paid at least seven (7) days prior 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 arrangements with their 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 mediation conference must be given at least 72 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. (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 comply 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. DONE AND ORDERED in Chambers, at Miami, Dade County, Florida, on this 28th day of March, 2012. '

Marcia CaiD-alfero

CIRCUIT COURT JUDGE Original to Court File Copies_furnished to: Mediation Division Scott Egleston, Esq. 12000 Biscayne Boulevalrd # 220 Miami, FL 33181 Enrique Varona 14823 SW 125 Court Miami, FL 33186

"If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Eleventh Judicial Circuit Court's ADA Coordinator, Lawson E. Thomas Courthouse Center, 175 NW 1st Ave., Suite 2702, Miami, FL 33128, Telephone (305) 349-7175; TDD (305) 349-7174, Fax (305) 349-7355 at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711."

Page 2 of 2

v.

IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE COUNTY, FLORIDA
LTA LOGISTICS. INC.. ETC.. ET AL. Plaintiff(s), Civil CASE NO.: MEDIATION DIVISION 11-20527 31

and
ENRIQUE VARONA Defendant(s),

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 to this action: Name: Carmen Alpizar hellman Mediatior ID: 0096830

Address: 100 Almeria Ave #340 City: Coral gables Telephone: 305-503-3050 State: FL Zip: 33134

The Plaintiff shall contact the above Mediator to schedule a Mediation Conference, to be held within ( 30 ) days of the date of this notice of Designation, and shall provide written 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

*y-i i>.-v-7 _-*. - Original to Court File Vivian Perez : /SIrector of Mediation Copy to: Counsel of Record (305) 349-7328 phone (305) 349-7342 fax Designated Mediator Courtesy copy to Judge: JOHN SCHLESSINGER r>

i.fyjtwflj[/'-*"*

I /OO- J^ / )

Printed on:

4/23/2012

oMin V- A

100 Almeria Avenue Suite 340 Coral Gabies, FL 33134 T: 305.503.3030 F; 305,448.2897

Hellman Mederps Ye n Ii
ATTORNEYS & MEDIATORS

May

14,

Enrique Varona 14823S.W, 125 Court Miami, FL 33186

and
Scott Egleston, Esq.

12000 Biscayne Blvd., Suite 220 Miami, FL 33181 RE: LTA Logistics, Inc. etc. et. al. vs. Enrique Varona Case 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 abovereferenced case. This is to confirm the acceptance of my appointment and the scheduling of the mediation 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 advise your clients to be on time in deference to all parties as charges begin at the time set for the session. If you have any specific time constraints, please advise me immediately. Two hours of my time is being set aside. Further arrangements can be made should additional time be required.

HellmanMederosYelin.com

III.

Mediation Fees and Payments

My hourly rate will be $125.00 per hour per the rules of the Eleventh Judicial Circuit Court for the appointment of mediators on the mediation wheel. All mediation charges are to be divided equally and equitably among the parties, unless the mediator is advised the parties have agreed otherwise. Payment for the above-reserved two hours, or any additional time should the mediation exceed the time reserved, is to be made at the conclusion of the mediation. An invoice will 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 me immediately. V. Appearance at Mediation and Authority to Settle

Pursuant to Florida Rule of Civil Procedure 1.720, please note that, unless otherwise permitted by court order or stipulated by the parties in writing, the following persons must appear at the mediation: the parties or a representative of the parties having full settlement authority to settle without further consultation; and the party's counsel of record, if any; and a representative of the insurance carrier for any insured party who is not such carrier's outside counsel and who has full authority to settle in an amount up to the amount of the plaintiffs last demand or policy limits, whichever is less, without further consultation. In accord with Florida Rule of Civil Procedure l,720(e), please provide me with the names of all persons with full settlement 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-Appointed Mediators. This will confirm that you and your clients agree that Fla. Stat. 44.102 and 44.107(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 wish to submit a statement or letter addressing the facts of the case, any relevant legal issues, the status of the action, or any other additional information you would like me to know in advance of the mediation, I will be happy to review same. You may submit these as confidential submissions 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 to the mediation at the same hourly rate referenced above. Thank you in advance for the opportunity to serve as your mediator. I look forward to meeting each of you at the mediation. In the meantime, should you have any questions concerning the foregoing, please do not hesitate to contact me. Sincerely,

Carmen A. Hellman

IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN 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 Designation of Mediator dated April 23, 2012, this matter came before the undersigned Supreme Court of Florida 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 for Plaintiff, LTA Logistics, Inc.) and Enrique Varona (Pro-Se Defendant). An agreement was not reached. Done in Coral Gables, Miami-Dade County, Florida, this 8th day of June, 2012.

By:. Carmen A. Hellman Supreme Court Certified Circuit Civil Mediator Florida Bar No. 0096830 100 Almeria Avenue, Suite 340 Coral Gables, FL 33134 T: 305-503-3050 F: 305-448-2897
Copies to: Scott Egleston, Esq. Enrique Varona