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 III AND IV OF SECOND AMENDED 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 Other 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 Thousand Dix Hundred 

Dollars ($1,600.00).

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

Plaintiff’s claims for Breach of Contract and Unjust Enrichment asserted at Counts III and IV of 

the Second Amended Complaint [ECF No. 22].

Case 0:22-cv-61553-WPD Document 85 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., deliver the amount of $1,600 to the “FairLaw Firm Trust Account” within five business 

days of its acceptance, that Plaintiff, Cruz Valdivieso Figuera, releases Defendant, All VIP Care 

Inc., of all liability in connection with her claims for Breach of Contract and Unjust Enrichment 

asserted in ECF No. 22 in the above-styled action against Defendant, All VIP Care Inc., and that 

she shall date and file the Joint Notice of Voluntary Dismissal With Prejudice of Counts III and IV 

of the Second Amended Complaint [ECF No. 22] 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

damages, and all attorney’s fees and/or costs claimed by Plaintiff, Cruz Valdivieso Figuera, in 

connection with Counts III and IV of the Second Amended Complaint [ECF No. 22].

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 85 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 85 Entered on FLSD Docket 09/14/2023 Page 3 of 5
EXHIBIT

“A”

EXHIBIT “A”

Case 0:22-cv-61553-WPD Document 85 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 III AND IV

OF THE SECOND AMENDED COMPLAINT WITH PREJUDICE

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

voluntary dismissal of Counts III and IV of the Second Amended Complaint [ECF No. 22] 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 85 Entered on FLSD Docket 09/14/2023 Page 5 of 5