UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO.: 0:22-CV-61553-DIMITROULEAS/HUNT

CRUZ VALDIVIESO FIGUERA,

Plaintiff,

vs.

ALL VIP CARE INC. AND 

LIZ VELAZQUEZ MCKINNON,

Defendants.

______________________________/

PLAINTIFF’S PROPOSAL FOR SETTLEMENT

TO DEFENDANT, ALL VIP CARE INC.

(COUNTS I, II, AND IV OF THE COUNTER-COMPLAINT)

Plaintiff, Cruz Valdivieso Figuera, through her undersigned counsel and pursuant to Fla. 

R. Civ. P. 1.442 and Fla. Stat. §769.79, makes the following Proposal for Settlement to Defendant, 

All VIP Care Inc., as follows:

1. This Proposal for Settlement is being made pursuant to Fla. Stat. §768.79 and 

Florida Rule of Civil Procedure 1.442.

2. The party making this Proposal for Settlement is Plaintiff, Cruz Valdivieso Figuera.

3. The party to whom this Proposal for Settlement is made is Defendant, All VIP Care 

Inc.

4. The total amount of the Proposal for Settlement is One Hundred Dollars ($100.00).

5. Defendant, All VIP Care Inc.’s acceptance of this Proposal for Settlement resolves

its counterclaims for Breach of Contract, Promissory Estoppel, and Tortious Interference with 

Contractual Relationship asserted in ECF No. 37 in the above-styled action against Plaintiff, Cruz 

Valdivieso Figuera.

Case 0:22-cv-61553-WPD Document 84 Entered on FLSD Docket 09/14/2023 Page 1 of 5
6. The only conditions of this Proposal for Settlement are that Defendant, All VIP 

Care Inc., release Plaintiff, Cruz Valdivieso Figuera, of all liability in connection with its 

counterclaims for Breach of Contract, Promissory Estoppel, and Tortious Interference asserted in 

ECF No. 37 in the above-styled action against Plaintiff, Cruz Valdivieso Figuera and shall date 

and file the Joint Notice of Voluntary Dismissal With Prejudice of Counts I, II, and IV of the 

Counterclaims asserted in ECF No. 37 attached hereto as Exhibit “A” within three business days 

of receiving the payment contemplated by this Proposal for Settlement.

7. This proposal includes all claims for all alleged damages, including compensatory

and punitive damages, and all attorney’s fees and/or costs claimed by Defendant, All VIP Care 

Inc., in Counts I, II, and IV of its Counterclaim.

8. This Proposal for Settlement shall not be filed with the Court unless for 

enforcement.

9. To accept this Proposal for Settlement, Defendant, All VIP Care Inc., must file a 

written acceptance with the Court within 30 days from the date of service set forth below.

10. No oral communications shall constitute an acceptance, rejection, or counteroffer 

of this Proposal for Settlement.

Case 0:22-cv-61553-WPD Document 84 Entered on FLSD Docket 09/14/2023 Page 2 of 5
CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was served by email

on this 14th day of September 2023, on Randy M. Goldberg, Esq., Florida Healthcare Law Firm, 

151 NW 1st Avenue, Delray Beach, FL 33444, RMGEsquire@gmail.com and 

Randy@floridahealthcarelawfirm.com, as Counsel for Defendants, 44 W. Flagler Street, Suite 2200, 

Miami, Florida 33131, but will not be filed with the Court unless upon acceptance.

Brian H. Pollock, Esq.

Brian H. Pollock, Esq. (174742)

brian@fairlawattorney.com

FAIRLAW FIRM

135 San Lorenzo Ave.

Suite 770

Coral Gables, FL 33146

Tel: 305.230.4884

Counsel for Plaintiff

Case 0:22-cv-61553-WPD Document 84 Entered on FLSD Docket 09/14/2023 Page 3 of 5
EXHIBIT

“A”

EXHIBIT “A”

Case 0:22-cv-61553-WPD Document 84 Entered on FLSD Docket 09/14/2023 Page 4 of 5
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO.: 0:22-CV-61553-DIMITROULEAS/HUNT

CRUZ VALDIVIESO FIGUERA,

Plaintiff,

vs.

ALL VIP CARE INC. AND LIZ 

VELAZQUEZ MCKINNON,

Defendants.

______________________________/

JOINT STIPULATION FOR RULE 41 

VOLUNTARY DISMISSAL OF COUNTS I, II, AND IV

OF THE COUNTER-COMPLAINTWITH PREJUDICE

Plaintiff and Defendants, through their respective undersigned counsel, stipulate to the 

voluntary dismissal of Counts I, II, and IV of the Counter-Complaint [ECF No. 37] with 

prejudice pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), with the rest of the case to remain pending.

Respectfully submitted on this ___ day of _____________ 2023.

Brian H. Pollock, Esq.

Brian H. Pollock, Esq. (174742)

brian@fairlawattorney.com

FAIRLAW FIRM

135 San Lorenzo Ave.

Suite 770

Coral Gables, FL 33146

Tel: 305.230.4884

Counsel for Plaintiff

Randy M. Goldberg, Esq.

Randy M. Goldberg, Esq. (045187)

RMGEsquire@gmail.com

Randy@floridahealthcarelawfirm.com

Florida Healthcare Law Firm

151 NW 1st Avenue

Delray Beach, FL 33444

754-224-0867

Counsel for Defendants

Case 0:22-cv-61553-WPD Document 84 Entered on FLSD Docket 09/14/2023 Page 5 of 5