UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

CASE NO.: 1:22-cv-22900-KMM

JESUS GABRIEL GELLA, 

 Plaintiff,

v.

HEALTHCARE REVENUE RECOVERY 

GROUP, LLC, 

 Defendant. 

____________________________________/

JOINT MOTION FOR RELIEF FROM MEDIATION CONFERENCE AND MOTION 

TO AMEND SCHEDULING ORDER 

COMES NOW, the Defendant Healthcare Revenue Recovery Group, LLC, (“HRRG”), and 

Plaintiff pro se, Jesus Gabriel Gella, hereby jointly move the Court pursuant to D.E. 23, for relief 

from the Mediation Conference set for December 6, 2022, and Motion to Abate or Amend 

Scheduling Order:

1. On September 24, 2022, The Court entered a Paperless Order scheduling trial and 

setting pretrial deadlines, including discovery cut-off, mediation cut-off, and dispositive motion 

deadlines. [DE 12] 

2. According to the dates set by September 24, 2022, Order, the Parties have 

scheduled the respective deadlines as follows:

a. Discovery Cut-off: January 16, 2023

b. Mediation Deadline: January 6, 2023

c. Dispositive Motion Deadline: January 27, 2023

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3. Presently, the undersigned has scheduled an in-person deposition of the Plaintiff 

for Friday, December 2, 2022, in Hollywood, Florida. Based on the Court’s order granting 

Plaintiff’s counsel’s motion to withdraw and providing Plaintiff until December 27, 2022, to retain 

alternative counsel or proceed pro se, this deposition will need to be reset at a mutual date after 

December 27, 2022, so that any new counsel or Plaintiff pro se can agree to a mutual date. It is 

very unlikely that due to the holidays a reset of Plaintiff’s deposition can be completed by the 

present discovery deadline of January 16, 2023. 

4. Presently, the Parties have a mandatory in-person mediation conference set with 

Laurie L. Reimer, Esq., as a mediator for this matter to take place on December 6, 2022, in Fort 

Lauderdale, Florida. Based on the Court’s order granting Plaintiff’s counsel’s motion to withdraw 

and providing Plaintiff until December 27, 2022, to retain alternative counsel or proceed pro se, 

this mediation conference will need to be reset at a mutual date after December 27, 2022, so that 

any new counsel or Plaintiff pro se can agree to a mutual date. It is very unlikely that due to the 

holidays a reset of Plaintiff’s deposition can be completed by the present discovery deadline of 

January 6, 2023. Further, the Parties request relief from the mediation order for December 6, 

2022, to avoid unnecessary travel by Defendant’s insurance adjuster from Plano, Texas, and 

Defendant’s counsel from Orlando, Florida. 

5. Pursuant to the Court Order Referring the Case to Mediation, “the Court requires 

the physical presence of counsel and each party or representatives of each party with full authority 

to enter in a full and complete compromise and settlement.” [D.E. 13 at ¶4].

6. Without the ability to complete the scheduled discovery of the case, including the 

deposition of the Plaintiff, the loss of the next 30 days will prejudice both Parties to complete 

discovery, mediation, and file a dispositive motion by January 27, 2023. 

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7. The Parties request that the Court grant the following relief in this case:

a. Issue an Order relieving the Parties from attending the mediation conference set 

for December 6, 2022, to comply with the Court’s recent order and to avoid 

wasteful and unnecessary travel costs and expenses for all parties involved.

b. Issue an Order abating the current scheduling order deadlines so that the 

additional time can be provided to reschedule Plaintiff’s deposition, reset 

mediation, complete any remaining discovery, and have sufficient time to file a 

dispositive motion. 

c. Issue an Amended Scheduling Order with new dates to account for the loss of 

the next 30 days to enable Plaintiff to comply with this Court’s Order by 

December 27, 2022. 

WHEREFORE, Defendant Healthcare Revenue Recovery Group, LLC, respectfully 

requests this Honorable Court to grant the joint Motion and enter an Order granting the requests 

listed above. I consent to join this motion and seek the relief requested.

/s/ Jesus Gabriel Gella

Jesus Gabriel Gella, Plaintiff, pro se

CERTIFICATE OF GOOD FAITH CONFERENCE

Pursuant to Local Rule 7.1(a)(3), Plaintiff pro se has been provided a copy of this Motion 

via email, and Plaintiff pro se DOES NOT OBJECT to the relief sought herein and joins the motion 

with consent. 

Dated this 30th day of November 2022.

 Respectfully submitted,

/s/ Ernest H. Kohlmyer, III

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a copy of the foregoing has been electronically filed on 

November 30, 2022, via the Clerk of Court’s CM/ECF system. I further certify that the foregoing 

has been sent via electronic transmission to the following: Gabriel Gella, Plaintiff pro se, at 

ggellamiami@gmail.com.

/s/ Ernest H. Kohlmyer, III 

Ernest H. Kohlmyer, III

Florida Bar No.: 110108

SKohlmyer@shepardfirm.com

service@shepardfirm.com

Shepard, Smith, Kohlmyer & Hand, P.A.

2300 Maitland Center Parkway, Suite 100

Maitland, Florida 32751

Phone: (407) 622-1772

Fax: (407) 622-1884

Attorneys for Defendant, Healthcare 

Revenue Recovery Group, LLC, d/b/a ARS 

Account Resolution Services

Cc: Darren R. Newhart, Esquire of Newhart Legal, P.A. at darren@newhartlegal.com 

Matthew D. Bavaro, Esquire of Loan Lawyers, LLC at matthew@fight13.com 

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