UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA

In re: Luis A. Vinas, debtor.

Allergy, Dermatology & Skin Cancer 

Center LLC, et al, Plaintiff.

v.

Luis A. Vinas, Defendant.

Case No. 19-23352-MAM

Adv. Case No. 20-1095-MAM

Chapter 11

/ 

NOTICE TO PARTIES PARTICIPATING IN

JUDICIAL SETTLEMENT CONFERENCE

Andrew Fulton IV, Esq. SHALL SERVE A COPY OF THIS NOTICE ON ALL COUNSEL 

WHO ARE NOT RECIPIENTS OF THIS NOTICE VIA CM/ECF, AND SHALL 

FILE A CERTIFICATE OF SERVICE OF THE SAME. 

COUNSEL FOR EACH PARTY SHALL DELIVER A COPY OF THIS NOTICE TO 

THEIR CLIENT AND CLIENT REPRESENTATIVE

You are receiving this notice because you or a party you represent agreed to participate 

in a judicial settlement conference. The presiding judge in the above captioned matter (the 

“Presiding Judge”) entered an order directing you and other parties to attempt to negotiate a 

settlement of disputes arising in or related to the above captioned matter. You and the other 

parties selected the Hon. Paul G. Hyman, United States Bankruptcy Judge, to assist you in 

settlement negotiations.

BY ATTENDING THE SETTLEMENT CONFERENCE, in addition to any order 

entered in the above captioned matter governing the settlement conference, EACH PARTY 

AND EACH PARTY’S REPRESENTATIVES, AGENTS AND ADVISORS, AGREE AS 

FOLLOWS: 

1. Time and Place of Settlement Conference. The settlement conference will

commence, utilizing Zoom, on July 27, 2020 at 10:00 a.m. All participants must register for a 

Zoom account (participants may choose to either enter into the offered Free Trial or purchase a 

paid account) no later than five (5) working days prior to the date set for the 

pre-settlement conference. When registering for Zoom the parties must ensure their 

full legal name appears on the video. It is possible that the settlement conference will 

be continued one or more additional days by agreement of the parties. 

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2. Good Faith Attempt to Settle. The parties agree and consent that all disputes

between them, whether or not arising in the above captioned matter, will be addressed as part 

of the settlement conference. Each party shall make a good faith attempt to negotiate a global 

settlement of the disputes arising among the parties involved in the settlement conference. 

3. Conduct of Settlement Conference; Role of Judge Hyman as Settlement

Facilitator. Judge Hyman is not the Presiding Judge in this matter. While Judge Hyman is 

acting in his official capacity as a Bankruptcy Judge while assisting the parties, he will have 

no involvement whatsoever in deciding any issue in the above captioned matter addressed in 

the settlement conference. Judge Hyman’s role is to facilitate the settlement discussions 

among the parties in an attempt to assist the parties in reaching a global settlement of their 

disputes and, if this is not possible, to assist in narrowing the issues for hearing before the 

Presiding Judge. In most cases, after a general meeting with all parties and counsel, Judge 

Hyman will use multiple conference rooms at the courthouse to enable separate meetings with 

the parties and their counsel. The settlement conference will be conducted in confidence, and 

no transcript, audio or video recording, or formal record will be made. Only Judge Hyman as 

settlement facilitator, Judge Hyman’s staff, the parties, and the parties’ representatives and 

advisors will be permitted to be present in the Zoom conference during the settlement 

conference. While Judge Hyman typically conducts a settlement conference in the same 

manner as a mediation, the settlement conference differs from a traditional mediation in that 

Judge Hyman, as facilitator, may provide his personal views on the claims and positions of the 

parties. Any settlement agreement reached as a result of the settlement conference will be a 

consensual agreement entered into by the parties voluntarily. You are responsible for the final, 

negotiated settlement, if any.

4. Pre-Settlement Conference Demand and Offer. The settlement conference is more

likely to be productive if the parties exchange written settlement proposals prior to the 

conference. Accordingly, at least ten (10) days prior to the pre-settlement conference, counsel 

for the plaintiff/movant shall submit to counsel for the defendant/respondent a written 

settlement demand, including an itemization of damages (if appropriate) and a brief 

explanation as to why such a settlement is appropriate. No later than seven (7) days prior to 

the pre-settlement conference, counsel for each of the parties shall submit to counsel for the 

opposing parties a written settlement offer with a brief explanation as to why such a settlement 

is appropriate. If there are more than two parties, each party shall deliver a settlement 

demand or offer as appropriate under the circumstances.

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None of the foregoing documents shall be filed in the above captioned matter or 

otherwise made a part of the record in such matter. It is not necessary to provide these 

documents to Judge Hyman. On occasion, this process leads directly to settlement.

5. Settlement Conference Statements and Supporting Documents. Judge

Hyman finds that settlement conference statements are instructive and allow time spent 

during the conference to be more constructive. Each party shall prepare a settlement 

conference statement setting forth the relevant positions of the party concerning factual issues, 

issues of law, and relief sought including damages (if appropriate). All parties should be aware 

that neither the contents of the settlement conference statements nor any portions thereof will 

be treated as confidential within the context of the settlement conference process. (Federal 

Rule of Evidence 408 will govern the confidentiality of settlement conference statements after 

the settlement conference.) Additionally, if there are any operative pleadings of record, please 

provide the docket entry numbers for review online via CM/ECF. For any online pleadings 

that you cite, you must also include a docket entry for any countervailing pleadings on the 

same issue. The settlement conference statement shall set out the settlement negotiation 

history of the matter including any specific demands and offers previously conveyed and any 

demands and offers conveyed as a result of this notice. The statements should also include at 

a minimum: (i) a short concise statement of the relevant facts not in dispute; (ii) a short 

statement of the facts that are subject to dispute; (iii) the operative law(s) that you believe are 

at issue; and (iv) the strengths and weaknesses of your case. The settlement conference 

statement shall be typed in 12-point Times New Roman font, shall be double-spaced, and shall 

not exceed ten (10) pages in length, inclusive of any court opinions and supporting 

documents. Judge Hyman will not read settlement conference statements that fail to conform 

to these requirements. No later than five (5) working days prior to the pre- settlement 

conference, the parties shall e-mail the settlement conference statements to Judge

Hyman at Paul_Hyman@flsb.uscourts.gov and simultaneously provide copies to all counsel 

of record involved in the settlement conference. None of the foregoing documents shall be filed 

in the above-captioned matter or otherwise made a part of the record in such matter. Failure 

to timely supply Judge Hyman with the requested documents may result in cancelation of the 

settlement conference. Judge Hyman will promptly report any such failure (including the 

identity of the relevant party or parties) to the Presiding Judge. The Presiding Judge may 

award to any complying party or parties’ attorney fees and travel expenses should the 

settlement conference be canceled as a result of the failure of any party to comply with this

paragraph.

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6. Pre-Settlement Conference Meeting via Zoom.

Judge Hyman finds that a brief pre-settlement conference with just counsel is productive 

and expedites the conference at the outset. The conference will be held via Zoom and should 

be set for not later than three (3) working days prior to the settlement conference. Contact 

Judge Hyman’s Courtroom Deputy, Christina Romero, at (954) 769-5774 or email at 

christina_romero@flsb.uscourts.gov to set a time for the meeting to takeplace.

7. Attendance of Parties Required.

Each party shall attend the settlement conference by Zoom as stated in Paragraph 1, or 

through a duly authorized representative (appearing by Zoom) with complete authority to 

negotiate and execute a settlement agreement in such person’s discretion.

JUDGE HYMAN DOES NOT ALLOW ANY PERSON TO APPEAR BY 

TELEPHONE EXCEPT IN EXTRAORDINARY CIRCUMSTANCES, EVEN IF 

TELEPHONE PARTICIPATION IS APPROVED BY THE PRESIDING JUDGE.

If the party is an individual, that person must attend the settlement conference by Zoom. 

If the party is a corporate, government, or other organizational entity, the party must 

have a person attend by Zoom, and the person must be fully authorized to negotiate and execute 

a settlement agreement on the party’s behalf. 

Without limiting the foregoing, if a party is a defendant/respondent, the party’s 

representative must have final settlement authority to commit the organization to pay, in the 

representative’s own discretion, a settlement amount up to the plaintiff/movant’s prayer, or up 

to the plaintiff/movant’s last demand, whichever is lower. Without limiting the foregoing, if a 

party is a plaintiff/movant, the party’s representative must have final authority, in the 

representative’s own discretion, to authorize dismissal of the matter with prejudice, or to accept 

a settlement amount down to the defendant/respondent’s last offer. 

If a party to the settlement conference is a public entity, including a federal agency or 

an entity required to conduct its business pursuant to Chapter 286, Florida Statutes, that party 

shall be deemed to appear at the settlement conference by the presence of a representative, via 

Zoom, with full authority to settle on behalf of the entity.

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Any insurance company that is a party or that is contractually required to defend or to 

pay damages (if any) assessed within its policy limits in the matter to be addressed during the 

settlement conference must be present through a duly authorized representative, appearing 

via Zoom, with final settlement authority to commit the company to pay, in the representative’s 

own discretion, an amount within the policy limits, or up to the plaintiff’s last demand, 

whichever is lower. The parties and their counsel are responsible for timely advising any 

involved non-party insurance company of the requirements of this notice. 

The purpose of these requirements is to have in attendance, via Zoom, a representative 

for each party who has the authority to exercise his or her own discretion, and the realistic 

freedom to exercise such discretion without negative consequences, in order to reach settlement 

during the conference without consulting someone else who is not present. Having a party 

with authority available by telephone is not an acceptable alternative as it is impossible for a 

party who is not present to appreciate the negotiation process and the reasons that may justify 

a change in one’s perspective toward settlement. In the event counsel for any party is aware 

of any circumstance which might cast doubt on a client’s compliance with these requirements, 

said counsel shall immediately discuss the circumstance with opposing counsel to resolve the 

issue well before the settlement conference. If such discussion does not resolve the issue, 

counsel may request a teleconference with Judge Hyman and all parties and counsel of record 

involved in the settlement conference by contacting Christina Romero, Courtroom Deputy at

954-769-5774.

If any required person described above fails to attend the settlement conference over 

Zoom, the settlement conference will be canceled or rescheduled. Judge Hyman will promptly 

report such facts (including the identity of the person or persons) to the Presiding Judge. The 

Presiding Judge may assess costs and expenses, and additional sanctions, against any noncomplying party, attorney, or both.

8. Confidentiality.

Consistent with Federal Rule of Evidence 408, the content of and the discussions 

occurring during the settlement conference are to be kept confidential. All persons involved in 

the settlement conference will keep confidential and not use for any collateral or ulterior

purpose:

a. any views expressed or suggestions or proposals for settlement

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made by a party in the course of the settlement conference;

b. any views expressed or suggestions or proposals for settlement made by Judge

Hyman in the course of the settlement conference; 

c. the fact that a party had or had not been willing to accept a proposal for

settlement made during the settlement conference; and

d. all information (whether oral or in writing) produced for or arising in relation

to the settlement conference, unless such information is otherwise discoverable under 

applicable rules of evidence. 

All attorney work product relating to the settlement conference (including anything 

stored electronically) and any other information produced for, or arising in relation to, the 

settlement conference shall be privileged, and shall not be admissible as evidence or 

discoverable in any legal proceedings except (i) as directly necessary to implement and enforce 

any settlement agreement resulting from the settlement conference, and (ii) as provided in this 

notice. 

All documents used or created in the settlement conference (the “Settlement Conference 

Documents”) are not to be used by any party or their respective representatives in any legal 

proceedings save for such documents that are/were in the possession or custody of such party 

prior to the settlement conference or are obtained by such party legitimately other than 

through the settlement conference process. In respect of the Settlement Conference 

Documents, any existing restrictions on the use of such documents and/or any prevailing law, 

rule or court order applicable to such documents, are to remain in effect. The settlement 

conference is not to be taken as waiving or in any way affecting any such restriction, law, rule 

or court order unless expressly agreed to in writing by the relevant party or parties.

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Written materials submitted to Judge Hyman and Judge Hyman’s notes will be destroyed 

after the conclusion of the settlement conference. 

The parties will not call Judge Hyman (or Judge Hyman’s law clerks or courtroom 

deputy) as a witness, consultant, arbitrator, or expert in any proceedings in relation to the 

disputes presented as part of the settlement conference. The parties are encouraged to consult 

with counsel regarding the foregoing agreements relating to confidentiality and admissibility. 

Judge Hyman does not provide legal advice to the parties, and makes no representation 

regarding the enforceability of the provisions of this notice among the parties.

9. Potential Questions to be Addressed During Settlement Conference. The

parties should review the following questions well prior to the settlement conference, and be 

prepared to discuss each topic at the settlement conference. This is not intended to be an 

exhaustive list of potentialtopics for discussion.

a. What are your objectives in litigation?

b. What issues need to be resolved, whether or not before the Presiding Judge?

c. What legal arguments support your position? What case law can you cite to

support your argument?

d. Do you understand the opposing party's view of the case? Do you dispute their

factual assertions? What are their legal arguments? What cases support their position?

e. What remedies are available through litigation or otherwise?

f. Is there the possibility for a creative resolution of the dispute, not otherwise

available through decision by the Presiding Judge?

g. Do you have adequate information to discuss settlement? If not, how will you

obtain sufficient information to make a meaningful settlement discussion possible?

h. Are there outstanding liens? Do we need to include a

representative of the lien holder?

i. What are the alleged damages and how were they calculated?

j. Is any party seeking relief other than monetary damages?

k. Are there collectability issues in this matter?

10. Involvement of Clients. For many clients, this will be the first time they

participate in a court supervised settlement conference. Therefore, counsel shall provide a copy 

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of this notice to each client and client representative and shall discuss the issues addressed 

herein with their clients prior to the settlement conference.

11. Settlement Agreement. The parties agree to abide by any settlement and to

effect the terms thereof reached through the settlement conference. Any settlement agreement 

entered into as a result of the settlement conference may be subject to review and approval by 

the Presiding Judge.

12. Reporting by Judge Hyman. Judge Hyman will report to the Presiding Judge,

orally or in writing, only 

(a) that the parties did or did not reach settlement and the general extent of the

settlement if one was reached,

(b) if and how a settlement may be presented to the Presiding Judge (for

example, by motion under Bankruptcy Rule 9019), and

(c) any facts relevant to a party’s failure to comply with the requirements of paragraphs

5 and 6, above.

13. Waiver of Claims. The parties agree for the benefit of themselves and Judge

Hyman as settlement facilitator that:

a. The parties shall not make any claim whatsoever against Judge Hyman or

his staff for any matter in connection with or in relation to the settlement conference, the 

assistance provided by Judge Hyman, or the disputes between the parties; and

b. Judge Hyman and his staff will not be liable to the parties for any act or

omission in connection with his assistance provided as settlement facilitator.

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14. Termination by Judge Hyman as Settlement Facilitator.

If any party does not agree to all provisions of this notice, such party shall advise Judge 

Hyman prior to the commencement of the settlement conference, in writing, and Judge Hyman 

will withdraw as proposed settlement facilitator in this matter. By attending the settlement 

conference, via Zoom, each party and each party’s representatives, agents, and advisers, agree 

to be bound by all terms of this notice as if this notice were an agreement signed by each such 

person or entity.

Hon. Paul G. Hyman

United States Bankruptcy Judge

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