Order: TREASURE ISLAND CAFE, LLC vs FORD, TROY A et al

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                                Filing # 102105694 E-Filed 01/23/2020 12:16:33 PM

IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT,
IN AND FOR MARION COUNTY, FLORIDA

TREASURE ISLAND CAFE, LLC, CASE NO. 2019-CA-2190
Plaintiff/Counter-Defendant.

v.

SKYLARK-SCHIPPERS, LLC,
Defendant/Counter-Plaintiff.

And

SKYLARD-SCHIFFPERS, LLC,
Third-Party Plaintiff,

v.

TROY A. FORD,

Third-Party Defendant.

ORDER SCHEDULING PRETRIAL CONFERENCE AND TRIAL

 

Pursuant to the joint stipulation, it is
ORDERED:

1. A pretrial conference in this cause will be held before Judge Edward L. Scott, in
Courtroom 2C of the Marion County Judicial Center, 110 NW 1% Avenue, Ocala, FL, 34475, on
June 25, 2020 @ 3:00 p.m., pursuant to Florida Rule of Civil Procedure 1.200 (2012), to
consider all matters suggested by the rule. (15 minutes have been reserved.) The Court
reserves the right, at the pretrial conference, to dispose of any pending motions but may defer
ruling on the same and/or any requests for preliminary rulings if the Court, in its discretion,
believes that additional briefing under the motion practice procedure is necessary.

2. Each party shall be represented at the pretrial conference by the attorney who
expects to conduct the actual trial of the case. Telephonic appearance is not permitted for the
pretrial conference. If the party is pro se (does not have an attorney), the party must attend the
pretrial conference. A party appearing pro se is held to the same standards as required by any
attorney including, but not limited to, complying with the applicable Florida Rules of Civil

Page 1 of 6

Electronically Filed Marion Case # 19CA002190AX 01/23/2020 12:16:33 PMProcedure pleading requirements and Florida Statute §90 et seq. See, Kohn v. City of Miami
Beach, 611 So.2d 538 (Fla. 3 DCA 1992). Such attorney or pro se party shall be familiar with
the provisions of Florida Rule of Civil Procedure 1.200 (2012), with his/her own evidence, and
shall have full authority to disclose facts, stipulate to undisputed facts and waive technical
requirements for admission of evidence. Failure of a represented party to appear by trial
counsel, or, if unrepresented, in person, may be grounds for the Court to dismiss the case,
strike the answer or other pleadings, hold the attorney or pro se party in contempt and/or take
such other action(s) as the Court deems appropriate.

3. Discovery Deadlines:

a) All discovery — including that of medical experts — shall be conducted and
concluded at least ten (10) days prior to the date of pretrial conference.

b) A witness list with the names and addresses of all individuals who may be
called by the party to testify at the trial- shall be filed at least sixty (60) days
prior to the pretrial conference.

c) As to any expert witnesses:

1. the Plaintiffs expert witness list must be filed seventy-five (75) days
prior to the pretrial conference.

2. the Defendant's expert witness list must be filed sixty (60) days prior to
the pretrial conference.

3. The parties must also produce all information as set forth in Florida Rule
of Civil Procedure 1.280(b) (2012). The failure to include a proper
address for any witness may cause the Court to exclude this witness
from testifying at trial.

d) Any and all examinations under Florida Rule of Civil Procedure 1.360 (2012),
must be completed no later than seventy-five (75) days prior to the date of
pretrial and the IME report generated must be tendered to the opposing
counsel no later than sixty (60) days prior to the date of pretrial so that
counsel has sufficient time to depose the Rule 1.360 expert witness. The
failure to otherwise comply with the time frame requirements set forth in this
order may result in the Rule 1.360 expert witness and his/her report being
excluded from trial.

4. Any party that requests a “Fabre”! defendant/non-party be included on the verdict
form, must identify, in writing, the specific name of the Fabre Defendant/non-party and file this
disclosure with the Clerk of Court no later than thirty (30) days before the pretrial conference”,
unless this date is extended by written stipulation of the parties and timely filed in the court file,
or by further order of this Court, upon good cause being shown. Any failure to comply with
these provisions of this order may constitute a waiver.

' Pursuant to Fabre v. Marin, 623 So2d 1128 (Fla. 1993).
2 See, Nash v. Wells Fargo Guard Services, Inc., 678 So2d 1262 (Fla. 1996)
Page 2 of 65. Prior to the pretrial conference, counsel shail confer on the following:
a) Any exhibits too bulky to be transported to the pretrial conference;
b) Any matters of law or fact about which there is no issue;

c) Any matters that would simplify the issues or aid in the speedy disposition of
the action; and;

d) Possible settlement.

6. If the parties have not voluntarily mediated this cause, the parties shall confer
and select a certified mediator and shall agree on a date, time and location for the mediation
prior to the pretrial conference. Mediation must be completed prior to the pretrial
conference and the court will only accept a mediation disposition report which is dated
no more than one (1) year from the date of the pretrial conference. Any mediation(s)
conducted in excess of one (1) year from the date of the pretrial conference will not be
accepted and a new/updated mediation must be conducted. Failure to comply with this
mediation order may result in the rescheduling of the pretrial conference.

7. Oral argument for dispositive motions (including but not limited to motions
for summary judgment and motions in limine) must be filed no later than 75 days before
the pretrial conference and must be heard no less than sixty (60) days prior to the pretrial
conference. Failure to timely comply with this requirement may result in waiver of
consideration of the dispositive motion(s) or imposition of other sanctions. The Court may
consider waiving this requirement on a case-by-case basis upon request by a party if good
cause is demonstrated.

8. AT LEAST SEVEN (7) DAYS PRIOR TO THE PRETRIAL CONFERENCE,
COUNSEL AND ANY PRO SE PARTY SHALL DELIVER, with a copy to opposing counsel, the
following:

a) A brief memorandum setting forth the general nature of the proceedings,
including:

(1) The names of all parties;

(2) Factual contentions of each party;

(3) The type of action and relief sought;

(4) The type of counterclaim, if any, and the relief sought thereby;
(5) Third party actions, if any, and the relief sought thereby;

(6) The defense(s) interposed to the Complaint, Counterclaim and/or
third-party complaint;

(7) All facts either party will admit.
Page 3 of 6b) A schedule of all exhibits and documentary evidence which may be used
by the party at the trial;

c) A witness list of the names and addresses of all individuals who may be
called by the party to testify at the trial, including rebuttal witnesses.

d) Any request for preliminary rulings on questions of law and supporting
citations.

9. At least seven (7) days prior to the pretrial conference the parties shall exchange
exhibits that will be used at trial. Opposing counsel shall agree or object to the admissibility
thereof or agree to admissibility, reserving appropriate objection.

10. Counsel shall be prepared to present at the pretrial conference a statement of
facts pertaining to the case, a statement of facts which are to be admitted by each of the parties,
the issues of fact the parties intend to litigate, and the citations of the authorities in support of
each point upon which the party intends to rely.

11. The Court requests that counsel for Plaintiff prepare and submit an order reciting
the action taken at the pretrial conference which will be binding on the parties regarding the
conduct of post-conference matters up to and including the trial however, no statements relative
to settlement shali be included.

12. Any record made in the course of the conference proceedings shall be deemed
part of the record made upon the trial of this cause, except statements relative to settlement.
Counsel should come prepared to state a computed settlement figure acceptable to your party
based upon damages and liability that can be proven. If counsel desires a transcript of the
conference, arrangements should be made for it to be taken at the parties’ own expense.

13. Proposed jury instructions, verdict form and statement of the case to be read to
the jury shall be submitted to the Court in writing at the beginning of trial or at the date ordered
at the pretrial conference. Florida Standard Jury Instructions shall be typed and submitted in a
form suitable for presentation to the jury. If any change of the standard instructions is
requested, the instruction should be submitted in the form sought. Other special jury
instructions proposed to be used at the trial shall be filed and delivered to opposing counsel in
writing no less than five (5) days before trial. All jury instructions and verdict forms submitted
to the Court at the start of trial shall be accompanied by a Microsoft Word compatible disk to
assist the Court in the finalization of the verdict and jury instructions. This does not apply to
non-jury trials.

14. Arrangements for the attendance of the court reporter at trial shall be the
obligation of the parties and/or their counsel.

15. A Priority of Trials shall be furnished to all attorneys at least two weeks prior to
trial by contacting the Judicial Assistant by email, and the Judicial Assistant will email to all
parties the trials priority list at bknipe@circuit5.org . It shall be the responsibility of the attorneys
to determine the disposition of the cases as scheduled on the Priority of Trials and to be present
for trial at any time during the scheduled trial term of the Court.

Page 4 of 616. Attorneys are encouraged to follow the Florida Bar Trial Lawyers Section,
Guidelines for Professional Conduct.

17. THE TRIAL TERM IS August 3, 2020 THROUGH August 14, 2020 (TWO WEEK
TRIAL TERM). Juror selection will commence at 9:00 a.m. or as soon as jurors are
qualified on MONDAY, August 3, 2020, unless the case is specifically set for trial the
second week if there is one for that month. All juries for the second week will be
selected on the second MONDAY, (if there is one) at 9:00 a.m. or as soon as jurors are
qualified. Cases not tried the first week will automatically roll over to the second week
should the court have a second trial week that month. NON-JURY TRIALS SHALL BE
AVAILABLE ON August 3, 2020 @ 9:00 A.M. TO PROCEED IF ANY JURY TRIALS
SCHEDULED PRIOR TO THEIR CASE IS EITHER SETTLED, CONTINUED OR DISMISSED.
NON-JURY TRIALS MAY ALSO BE SCHEDULED WITH THE JUDICIAL ASSISTANT FORA
DATE CERTAIN. Any party that wishes to receive an up-to-date list of priority of trials are

to email bknipe@circuit5.org and request_one.
ORDERED this aay of ( ser , 2020, at Ocala, Florida.

GLAS

EDWARD L. SCOTT
Circuit Judge

CERTIFICATE OF SERVICE

| HEREBY CERTIEY that a true copy-hereof has been furnished by U.S. Mail or e-mail to
the following on this _. day of Ht. , 2020:
All Counsel by e-portal

Becky Knipe,

 
  

 

If you are a person with a disability who needs any accommodation in order
to participate in this proceeding, you are entitled, at no cost to you, to the
provision of certain assistance. Please contact the ADA Coordinator at the
Office of the Trial Court Administrator, Marion County Judicial Center, 110
N.W. Ist Avenue, Ocala, FL 34475, Telephone (352) 401-6710 at least 7 days
before your scheduled court appearance, or immediately upon receiving this

Page S of 6notification if the time before the scheduled appearance is less than 7 days; if
you are hearing or voice impaired, call 711.

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