EFTA00597511.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, vs. ALAN M. DERSHOWITZ, Defendant, PROPOSAL FOR SETTLEMENT PURSUANT TO RULE 1.442, FLORIDA RULES OF CIVIL PROCEDURE AND V68.79, FLORIDA STATUTES Plaintiff, Paul G. Cassell, 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: Paul G. Cassell. 2. PARTY TO WHOM THE PROPOSAL IS BEING MADE: Alan M. Dershowitz. EFTA00597511 Edwards/Cassell vs. Dershowitz Case No.: CACE 15-000072 Proposal for Settlement Page 2 of 5 3. CLAIMS THE PROPOSAL ATTEMPTS TO RESOLVE: All damages that would otherwise be awarded in a Final Judgment in this action between Plaintiff Cassell and Defendant including both Plaintiff Cassell's claim against the Defendant and Defendant's counterclaim against Plaintiff Cassell. 4. TOTAL AMOUNT OF PROPOSAL: 5199,999.00 paid by the Defendant to the Plaintiff. Upon the Plaintiff's receipt of this amount, this action (including the counterclaim) will be voluntarily dismissed with prejudice between Plaintiff Cassell and this Defendant. 5. PUNITIVE DAMAGES: Cassell has no currently pending claim for punitive damages against the Defendant, but it is his intent to file one upon completion of the statutory prerequisites. See Complaint at p. 6 ("Plaintiffs reserve the right to assert claims for punitive damages upon satisfying the applicable statutory prerequisites."). Cassell believes that, as the case progresses, he will soon be able to complete the statutory prerequisites and file a claim for punitive damages based on the facts of the pending litigation. This proposal for settlement includes any other claims which Cassell might otherwise have or assert against Defendant based on the facts covered by the Complaint, including punitive damages (but not including any future unrelated cause of action or causes of action based on facts that have not yet occurred). Accordingly, Plaintiff is specifically offering to settle all of these claims (including the anticipated-soon-to-be-filed punitive damages claim) for $199,999. EFTA00597512 Edwards/Cassell vs. Dershowitz Case No.: CACE 15-000072 Proposal for Settlement Page 3 of 5 6. ATTORNEY'S FEES: Are not a part of the claims pending between the Plaintiff Cassell 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. 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. EFTA00597513 Edwards/Cassell vs. Dershowitz Case No.: CACE 15-000072 Proposal for Settlement Page 4 of 5 I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via E-Serve to all Counsel on the attached list, this JACK Florid Atto me P ary 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 Plaintiffs day of 2015. EFTA00597514 Edwards/Cassell vs. Dershowitz Case No.: CACE 15.000072 Proposal for Settlement Page 5 of 5 COUNSEL LIST Sigrid Stone McCawle , Esquire Boles Schiller & Flexner, LLP 401 E Las Olas Boulevard., Suite 1200 Fort Lauderdale, FL 33301 Phone: (954)-356-0011 Thomas Emerson Scott, Jr., Esquire Cole Scott & Kissane 9150 S Dadeland Boulevard, Suite 1400 Miami, FL 33156 Phone: (305)-350-5329 Fax: (305)-373-2294 Attorneys for Alan M. Dershowitz Ketmet r,Esquire Swede & Ross, LLP 131 Oliver Street Boston, MA 02110 Phone: (617)-646-4466 Fax: (617)-646-4470 Attorneys for Alan M. Dershowitz Ash.yalr, uire Mar E. Bo "a m 7ath.e Richard A. Sim son, Es uire Wiley Rein, LLP 1776 K Street NW Washington, DC 20006 Phone: (202)-719-4252 Fax: (202)-719-7049 EFTA00597515