UNITED STATES DISTRICT COURT 


SOUTHERN DISTRICT OF FLORIDA 


CASE NO. 11-20841 CV~ALTONAGA/SIMONTON 

FEDERAL DEPOSIT CORPORATION, as 

recetver for INDYMAC BANK, FSB, 

Plaintiff, 

-vs~ 

GENESIS TITLE COMPANY, LLC, 

GUSTAVO E. MATA and SILVIA C. 

MATA, 

Defendants. 

(b)(6) 

GUSTAVO E. MATA and SILVIA C. M 

on the following terms a.'1d conditions: 

1. pay 

BA..l\.l'K, FSB ("Plaintiff''), and Defendants, uENESIS TITLE CO!viPANY, LLC ("GENESIS"), 

fA ("MATAS") agree to settle the above styled cause 

to Plaintiff ONE HUNDRED AND EIGHTY 

THOUSANTI AND N0/100 DOLL_ S ($180,000.00), in full satisfaction and accord of all of 

Plaintif::"'s claims against GENESIS known or unknown, asserted or that couLd have been asserted 

in the above styled cause or which otherwise are in any way related to the contract, circumstances 

and matters described in Plai.1.tiff's pending complaint (collectively, "Plaintiffs Asserted Claims 

Against GE"NESIS"). Said sum shall be paid within tbirty{30) days from the date of 

~ · Settleroent 

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Agreemen d shall be payable to WELBAUM, GUERNSEY HINGSTON, G ENLEAF, 

GREGORY, BLACK & RUNE, LLP Trust Account. [Plaintiff's counsel to pro ptly furnish 

(b)(6) 

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GENESIS' counsel withFonn W-9.) 

2. Contemporaneous withsaidpaymentbeing made and upon clearance offunds: 

(a) Plaintiffto furnish to GENESIS an unconditional general release of 

Plaintiff's Asserted Claims Against GENESIS. Said release shall extend to and release GENESIS' 

affiliates, parents, subsidiaries, officers, directors, members, managing members, employees, agents, 

insurers, re-insurers and attorneys as well as to its successors Blld assigns. 

(b) Counsel for the parties shall file a joint motion requesting entry ofan 

order dismissing with prejudice Plaintiffs complaint as to GENESIS and that Plaintiff and 

GENESIS shall each bear said party's own costs and attorney's fees. 

3. MATAS shallpaytoPlaintiffTENTHOUSAND ANDNO/IOODDLLARS 

.($10,000.00), in full satisfaction and accord of all ofPlaintiffs claims against :MATAS, known or 

I unknown, asserted or that could have been asserted in the above styled cause or which otherwise are 

I in any way related to the contract, circumstances and matters described in Plaintiff's pending I 

I 	 complaint (collectively, "Plaintiff's Asserted Claims Against MATAS''). Said sum shall be paid as I 

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I follows: S5,000.00byand notlaterthan 3:00p.m. on Friday, September30,2011 and the remaining 

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' 	 $5,000.00 shall be due and payable by and not later than 3:00p.m. on Wednesday, Decemb-cr21, 

2011; both sums shall be payabte to WELBAUM, GUERNSEY HINGSTON, GREENLEAF, 

GREGORY, BLACK & RUNE, LLP Trust Account. [Plci.ntiff's counsel to promptly furnish 

MATAS' counsel wi.thFonn W-9.] 

4. When Plaintiffhas receiveC.th entire$10,000.00 settlement from MATAS and 

upon clearance of funds: 

(a} Plaintiff to furnish to MATAS an unconditional general release of 

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Plaintiff's Asserted Claims Against MATAS. Said release shall extend to and release MATAS' 

affiliates, parents, subsidiaries, officers, directors, members, m·anagingmembers, employees, agents, 

insurers, re-insurers and attorneys as weII as to their successors and assigns. 

(b) Counsel for the parties shall fl..le ajoint motion requesting entry of an 

order dismissing with prejudice Plaintiff's complaint as to :MATAS and that Plaintiff and MATAS 

shall each bear said party's own costs and attorney's fees. 

(c) Time is of the essence regarding such payment and iffor any reason 

whateversaideitheroftheaforementionec!SS,OOO.OOpaymentsisnotreceivedbyPlainti:ffscounsel 

by and not later than the respective due day stated above (as there is no grace period whatever), 

Plaintiff may immediately thereafter secure (upon the filing of an affidavit of non-payment by 

P1aintiff's undersigned counsel- with contemporaneous copy to be sent to :MATAS' undersigned 

counsel) by mail and without the nee<I for a hearing, entry of an agreed final judgment for 

S100,000.00 (less payment made) and, in addition, an award of a reasonable attorney's fee and costs 

for services rendered regarding any default that occurs after the .execution of t ·s Settlement 

Agreement. 

2. nt Agreement are totally 

confidential and neither theparties nor tb · ·uo.de:rsigned attome 

breach by any of the parties of the cov ant of cunfidenti 'cy); (ii) tbe tenns of settlement maybe 

disclosed to such accountm1ts as e reasonably necessary inci t to each party's filing required (b)(G) 

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may be disclosed 'f production of the Settlement Agreement and/or disclosure of its tertns is 

er, judicial process, or otherwise required by law. 

In any action or motion to enforce the terms of this Settlement 

Agreement (including but no 

income tax re sand (iii) this Settlement Agreement may be produced and the terms ofsettlement 

(b (6) 

imited to any action for a future breach by any of the parties ofthe 

covenant ofconfidentiality),thepr ailing party shall be entitled to an award ofreasonable attorney's 

._______j fees, its costs and any damages. 

3. Provisions Regarding Mediation: 

(a) Each of the individtJ.als and entities signing this Agreement 

aclmowledges and represents to the other parties and to the Mediator that each party has read this 

Agreement which is voluntarily entered into and which ]5 intended by each party to be binding and ! 

enforceable undt."T Florida law n.nd subject to the provisions of Local Rule 16 (dealing with f 

mediations) of the United States District Court for the Southern District of Florida. Each person 

1 executing this Agreement in a representative capacity, i.e., for and on behalf of a corporation, a ~ 

partnership, or any other entity, further represe.o.ts to each ofthe other parties aud to the Mediator that 

I' said individual is duly authorized to execute this Agreement on behalf of said corporation, 

partnership or other entity. 

(b) The parties acknowledge (i) that this Settlement Agreement was 

arrived at during the mediation conference condl1cted by Mediator Samuel L. Heller on September 

21., 2011; (ii) th.P;t although Mediator Samuel L. Heller prepared this Settlement Agreement, the 

Mediator performed these services as scrivener for the parties since all ofthe substa.I'J.tive provisions 

of this Settlement Agreement were provided to the Mediator by counsel for the p&ties and by the 

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I parties and the text of this Agreement Wa:! carefully reviewed by each counsel and by each of the 

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' parties before said Agreement was signed; and (iii) that said Mediator has not offered or furnished 

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legal advice to any ofthe parties or to their counsel and has acted solely in his capacity as Mediator 

herein. 

~ (c) The cost of the mediation conference (including, where applicable, L 

f 

I' Mediator's services in preparation for and following the mediation conference, e.g., review of il 

I pleadings and/or mediations S\!lllillaries furnished by ·counsel for the parties~ drafting of the 

mediation agreement and phone discussions with counsel regarding completion ofsame, securing 

its execution by all of the parties, etc.) is to be paid as follows: one-third has been pajd by Plaintiff, I one-third has been paid by GENESIS and the remaining one-third has been paid by MATAS

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·' 4, This Settlement Agreement may be executed by counsel and the parties in !' 

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counterparts., each of which shall constiMe an original, but all of which taken together shell 

constitute one and the same document. This Settlement Agreement may also be executed by way 

of facsimile or E-Mail transmitted documents in lieu of original signatures and a signed copy 

procluced by facsimile or E-Mail transmission shall be binding upon all parties as an original and 

fully admissible in any legal proceeding regarding this Settlement Agreement, notwithstanding the 

best evidence rule or any s:imilarrule. Eachofthe parties and each com)sel executing this Settlement 

Agreewent fi.rrther acknowledges that said party's signature and said counsel's signature that is 

affixed to this Settlement Agreement is a valid and effectual electronic signature, as defined by Sec. 

'668.003(4), Florida Statutes 2009; and that, as provided by Sec. 668.004, Florida Statutes, each of 

said signatures shall have the same force and effect as a written signature. (b)(6) 

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(b (4),(b) 

(b,.(4),(b) 

(b (6) . 

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DATED: September 22,2011. 

WELBAUM, GUERNSEY HJNGSTON, 

GREENLEAF, GREGORY, BLACK & 

RUNE,LLP 

Attorneys for Plaintiff 

901 Ponce de Leon Boulevard 

Penthouse Suite 

Coral Gab FL 33134-3009 

FEDERAL DEPOSIT CORPORATION, as 

receiverfor INDYMAC BANK, FSB 

-j· (b)(6) 

By: I

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(b 1 4),(b)(6)~ ----i .. 

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(b 4),(b)(6J[ 

(b 6) l-L. 

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(b) 6) l 

(b)(6) 

DATED; September22, 2.011, 

... -······­ BOYD~· lHCHA.R:Os;·--p·A:RKER-- & ··· 

COLOl'l"NELLl, P.I" 

Attorneys for Defendant, Genesis Title 

Co:tnpa.ny, LLC 

Bank ofAmerica Tower 

100 S.E. zru! Street, 36~~> Floor 

Miami, FL 33131 

Tel_ephone: r-'----~ 

TORRES & VA.D[[LO, UP 

Attorneys for Defendants, Gustav'El E. Mata 

GENE.SIS UT1E-~~'Y,LLC 

(b)(6) 

a.nd Silvia C. M:1ta . MATA (b)(6) 

11402 N.W. 41" Stn:et· Suite 202 


Dora!, FL 3317B 
 r----­

- Te.le.Qho.!le. 

Facsi.mile: - E·M ~ .·r__-__-_____....1---, SIL'<IIAC.MATA 

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