EFTA00597516.pdf

IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: CACE 15-000072 BRADLEY J. EDWARDS and PAUL G. CASSELL, Plaintiff(s), vs. ALAN M. DERSHOWITZ, Defendant(s). PROPOSAL FOR SETTLEMENT PURSUANT TO RULE 1.442, FLORIDA RULES OF CIVIL PROCEDURE AND $768.79, FLORIDA STATUTES Plaintiff, Bradley J. Edwards, by and through his undersigned counsel, states that at least ninety (90) days have passed since service of process on this Defendant, and there are at least forty-five (45) days remaining before the date set for trial or the first day of the docket on which this case is set for trial, whichever is earlier. THEREFORE, Plaintiff hereby serves this proposal for settlement pursuant to Florida Rule of Civil Procedure 1.442 and F.S. 768.79. This proposal for settlement must be accepted in writing, within thirty (30) days or it shall be deemed rejected. The Proposal for Settlement is as follows: 1. PARTY MAKING PROPOSAL: Bradley J. Edwards. 2. PARTY TO WHOM THE PROPOSAL IS BEING MADE: Man M. Dershowitz. 3. CLAIMS THE PROPOSAL ATTEMPTS TO RESOLVE: All damages that EFTA00597516 Edwards, Bradley vs. Dershowitz Case No.: CACE 15-000072 Proposal for Settlement Edwards to Dershowitz would otherwise be awarded in a Final Judgment in this action between Plaintiff and Defendant including both Plaintiff Edwards' claim against the Defendant and Defendant's counterclaim against Plaintiff Edwards. 4. TOTAL AMOUNT OF PROPOSAL: 5199,999.00 paid by the Defendant to the Plaintiff. Upon the Plaintiffs receipt of this amount, this action will be voluntarily dismissed with prejudice between Plaintiff Edwards and this Defendant. 5. PUNITIVE DAMAGES: The Proposal for Settlement does not include an amount to settle a claim for punitive damages. The Plaintiff has no pending claim for punitive damages against the Defendant; however, the Plaintiff has reserved the right to assert a claim for punitive damages and anticipates doing so. 6. ATTORNEY'S FEES: Are not a part of the claims pending between the Plaintiff Edwards and the Defendant. Attorney's Fees are not included in this Proposal for Settlement. Each party shall bear its own attorneys' fees and costs. 7. SERVICE AND FILING: This proposal shall be served on the party to whom it is made through counsel, but shall not be filed unless necessary to enforce the provisions of Rule 1.442. 8. WITHDRAWAL: This proposal may be withdrawn in writing provided the written withdrawal is delivered before a written acceptance is delivered. Once withdrawn, this Proposal is void. 2 EFTA00597517 Edwards, Bradley vs. Dershowitz Case No.: CACE 15-000072 Proposal for Settlement Edwards to Dershowitz 9. ACCEPTANCE AND REJECTION: This Proposal shall be deemed by the Plaintiff to be rejected unless accepted by delivery of a written notice of acceptance within thirty (30) days after service of the Proposal. No oral communications shall constitute an acceptance, rejection or counteroffer of this Proposal. 10. CONSEQUENCES OF REJECTION: In the event this proposal is rejected, the Defendant is subject to sanctions, including, but not limited to, those as outlined in Rules 1.442(g) and (h) of the Florida Rules of Civil Procedure, Fla. Stat. 768.79 and any other relief Plaintiff is entitled to as a matter of law and which the Court deems just and proper. 11. GOOD-FAITH: This Proposal is being submitted with the knowledge, understanding, and consent of the Plaintiff making this Proposal. I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via E-Serve on this ( day of Oh l- , 2015. Jack S Flori An m P "mary E-Mail: Searcy Denney Scarola Barnhart & Shipley, 2139 Palm Beach Lakes Boulevard West Palm Beach, Florida 33409 Phone: (561) 686-6300 Fax: (561) 383-9451 Attorneys for Plaintiff 3 EFTA00597518