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Filing # 90430718 E-Filed 06/03/2019 09:23:59 AM
IN THE COUNTY COURT OF THE FIFTH JUDICIAL CIRCUIT
IN AND FOR MARION COUNTY, FLORIDA
TREASURE ISLAND CAFE, LLC,
Plaintiff/Counter-Defendant,
vs. CASE NO.: 18CC000702AX
SKYLARK-SCHIPPERS, LLC,
Defendant/Counter-Plaintiff.
and
SKYLARK-SCHIPPERS, LLC,
Third-Party Plaintiff,
vs.
TROY A. FORD,
Third-Party Defendant. /
CASE MANAGEMENT ORDER
This Court having reviewed Skylark-Schippers, LLC’s Notice at Issue and Motion
to Schedule Case Management Conference and the case file in the above styled cause,
does hereby find that this case is appropriate for a Case Management Order. Whereupon
in accordance with the appropriate Florida Rules of Civil Procedure (Fla. R. Civ. P.) and
upon the Court's own motion, it is
ORDERED AND ADJUDGED as follows:
1. This cause is scheduled for a Case Management Conference on Monday,
July 29, 2019 at 2:00 P.M., or as soon thereafter as counsel can be heard before the
Honorable Thomas P. Thompson, County Court Judge, at the Marion County Judicial
Center, 110 NW First Avenue, Third Floor, Chambers. (Time reserved: 30 minutes) Each
party represented by an attorney shall be represented at the Case Management
Electronically Filed Marion Case # 18CC000702AX 06/03/2019 09:23:59 AMConference by the attorney who will conduct the actual trial of this cause unless such
attorney files an affidavit specifying a conflict and such attorney receives the Court's
permission to have a specific other attorney appear at the Case Management
Conference. Each party not represented by an attorney shall appear in person.
2. Attorneys/parties shall take discovery pursuant to Florida Rules of Civil
Procedure.
3. Attorneys/parties shall be familiar with the provisions of Fla. R. Civ. P. 1.200
R.C.P., with his/her own evidence, and shall have full authority to disclose facts, stipulate
undisputed facts, waive technical requirements for admission of evidence and settle the
case, if possible. Failure of a party to appear in person or by trial counsel will be grounds
for the Court to dismiss the case, strike the answer or other pleadings, hold the party or
attorney in contempt and take such action as justice requires.
4, All amendments or additions to pleadings, determination of issues and motions
contemplated by the Florida Rules of Civil Procedure shall be concluded at the Case
Management Conference. If any motion shall not have been ruled upon by the Court prior
to the Case Management Conference, the Court shall hear the motion at the time of the
Case Management Conference and rule thereon.
5. Discovery in the case shall be completed by the time of the Case Management
Conference and no further discovery by any party shall be allowed except upon written
application to the Court showing good cause and order of the Court permitting same.
6. Each party/attorney for each party shall prepare and submit to the Court five (5)
days prior to the Case Management Conference a Case Management Conference
Compliance Statement containing the following:a. a brief statement of the facts pertaining to the case;
b. those facts such as place, ownership, authority, age, coverage, etc. to be
admitted by the party;
c. the issues of fact the party intends to litigate;
d. a schedule of all exhibits to be offered into evidence at trial by the party;
e. a list of the depositions, interrogatories and requests for admissions
intended for use at trial by the party (NOTE: any portion of a deposition
intended to be used shall be identified by citations to page and line and any
answer to interrogatories and requests for admissions shall be identified by
paragraph number); .
f. a list of all witnesses and their addresses intended to be called by the
party along with a brief summary of the subject of each witness’ anticipated
testimony; and
g. the citation of authorities in support of any objection and/or motions the
party desires the Court to rule on.
At the Case Management Conference, the Court will rule upon any objection an
opposing party raises regarding items listed in subsection (a) through subsection (g)
above. The parties may, and are encouraged to, submit a Joint Case Management
Compliance Statement if they so desire. A copy of each Case Management Conference
Compliance Statement shall be delivered to opposing party at least two (2) days prior to
the Case Management Conference.
7. Plaintiff, or counsel for Plaintiff, should submit to the Court within five (5) days
after the Case Management Conference a proposed Case Management Conference
Order setting forth all matters determined by the Court during the Case Management
Conference held in this case. If a transcript of the Case Management Conference is
required, advance arrangements should be made for a transcript to be taken by a Court
Reporter at the expense of the requesting party.8. Any Mediation to be held in this case shall be ordered at the Case Management
Conference.
9. The following general procedures shall govern the Case Management
Conference and Trial unless otherwise provided by order of this Court:
a. The witness list may not be supplemented after the Case Management
Conference without Court approval upon good cause shown by written
motion.
b. All exhibits shall be displayed or made available to opposing party at a
location mutually agreeable between the parties prior to the Case
Management Conference. The schedule of exhibits shall not be amended
after the Case Management Conference without Court approval upon good
cause shown by written motion.
c. Arrangements for court reporters at Trial shall be made by the parties.
Failure of a party or counsel to object in the manner and at the time referred
to herein to portions of any depositions, responses to request to produce
and request for admissions, or to any exhibits contained in the opposing
parties list, shall constitute a waiver of all further objections and a consent
to its use at Trial as evidence, notwithstanding any prohibition or provision
in the Florida Evidence Code, or any other statute, rule, regulation or case
law.
d. The parties shall, no later than seven (7) days prior to trial date, file with
the Court a Trial Brief and Memorandum of Law on any subject or issue
involved in the case. Such filing shall not require response by the opposing
party. All Motions in Limine shall be filed with the Court at the Case
Management Conference and, upon good cause shown, no later than the
morning of Trial, and shall be submitted with a Memorandum of Law in
support thereof.
e. Parties or attorneys for parties are expected to be present fifteen (15)
minutes before trial is scheduled to begin on the day of trial.
10. NON-JURY TRIAL OF THIS CAUSE will be scheduled on a mutually
convenient date for all parties at the Case Management Conference.
The Case Management Conference nor Trial in this matter shall be continued; all
parties are to be prepared to proceed as noticed.ORDERED in Chambers at Ocala, Marion County, Florida this 3% day of June,
(homes p. Pompu TL,
THOMAS P. THOMPSON, III
County Judge
2019.
CERTIFICATE OF SERVICE
| HEREBY CERTIFY a true and correct copy of the foregoing has been furnished
to, Haksoo Stephen Lee, Esq., hlee@FLRights.com, Edwin A. Green Ill, Esq.,
tgreen@bmaklaw.com, and Jeanie Kang, Esq., jkang@firights.com, by E-Service, this
3"4 day of June, 2019. Crna ra Q>
Christina Jones, Judicial Assistant
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 Marion County
Judicial Center, 110 NW 1‘ Avenue, Ocala, Florida 34475 or (352) 401-6710 within
two (2) working days of your receipt of this notice. If you are hearing or voice
impaired, call 711.
Preview
Filing # 90430718 E-Filed 06/03/2019 09:23:59 AM IN THE COUNTY COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR MARION COUNTY, FLORIDA TREASURE ISLAND CAFE, LLC, Plaintiff/Counter-Defendant, vs. CASE NO.: 18CC000702AX SKYLARK-SCHIPPERS, LLC, Defendant/Counter-Plaintiff. and SKYLARK-SCHIPPERS, LLC, Third-Party Plaintiff, vs. TROY A. FORD, Third-Party Defendant. / CASE MANAGEMENT ORDER This Court having reviewed Skylark-Schippers, LLC’s Notice at Issue and Motion to Schedule Case Management Conference and the case file in the above styled cause, does hereby find that this case is appropriate for a Case Management Order. Whereupon in accordance with the appropriate Florida Rules of Civil Procedure (Fla. R. Civ. P.) and upon the Court's own motion, it is ORDERED AND ADJUDGED as follows: 1. This cause is scheduled for a Case Management Conference on Monday, July 29, 2019 at 2:00 P.M., or as soon thereafter as counsel can be heard before the Honorable Thomas P. Thompson, County Court Judge, at the Marion County Judicial Center, 110 NW First Avenue, Third Floor, Chambers. (Time reserved: 30 minutes) Each party represented by an attorney shall be represented at the Case Management Electronically Filed Marion Case # 18CC000702AX 06/03/2019 09:23:59 AMConference by the attorney who will conduct the actual trial of this cause unless such attorney files an affidavit specifying a conflict and such attorney receives the Court's permission to have a specific other attorney appear at the Case Management Conference. Each party not represented by an attorney shall appear in person. 2. Attorneys/parties shall take discovery pursuant to Florida Rules of Civil Procedure. 3. Attorneys/parties shall be familiar with the provisions of Fla. R. Civ. P. 1.200 R.C.P., with his/her own evidence, and shall have full authority to disclose facts, stipulate undisputed facts, waive technical requirements for admission of evidence and settle the case, if possible. Failure of a party to appear in person or by trial counsel will be grounds for the Court to dismiss the case, strike the answer or other pleadings, hold the party or attorney in contempt and take such action as justice requires. 4, All amendments or additions to pleadings, determination of issues and motions contemplated by the Florida Rules of Civil Procedure shall be concluded at the Case Management Conference. If any motion shall not have been ruled upon by the Court prior to the Case Management Conference, the Court shall hear the motion at the time of the Case Management Conference and rule thereon. 5. Discovery in the case shall be completed by the time of the Case Management Conference and no further discovery by any party shall be allowed except upon written application to the Court showing good cause and order of the Court permitting same. 6. Each party/attorney for each party shall prepare and submit to the Court five (5) days prior to the Case Management Conference a Case Management Conference Compliance Statement containing the following:a. a brief statement of the facts pertaining to the case; b. those facts such as place, ownership, authority, age, coverage, etc. to be admitted by the party; c. the issues of fact the party intends to litigate; d. a schedule of all exhibits to be offered into evidence at trial by the party; e. a list of the depositions, interrogatories and requests for admissions intended for use at trial by the party (NOTE: any portion of a deposition intended to be used shall be identified by citations to page and line and any answer to interrogatories and requests for admissions shall be identified by paragraph number); . f. a list of all witnesses and their addresses intended to be called by the party along with a brief summary of the subject of each witness’ anticipated testimony; and g. the citation of authorities in support of any objection and/or motions the party desires the Court to rule on. At the Case Management Conference, the Court will rule upon any objection an opposing party raises regarding items listed in subsection (a) through subsection (g) above. The parties may, and are encouraged to, submit a Joint Case Management Compliance Statement if they so desire. A copy of each Case Management Conference Compliance Statement shall be delivered to opposing party at least two (2) days prior to the Case Management Conference. 7. Plaintiff, or counsel for Plaintiff, should submit to the Court within five (5) days after the Case Management Conference a proposed Case Management Conference Order setting forth all matters determined by the Court during the Case Management Conference held in this case. If a transcript of the Case Management Conference is required, advance arrangements should be made for a transcript to be taken by a Court Reporter at the expense of the requesting party.8. Any Mediation to be held in this case shall be ordered at the Case Management Conference. 9. The following general procedures shall govern the Case Management Conference and Trial unless otherwise provided by order of this Court: a. The witness list may not be supplemented after the Case Management Conference without Court approval upon good cause shown by written motion. b. All exhibits shall be displayed or made available to opposing party at a location mutually agreeable between the parties prior to the Case Management Conference. The schedule of exhibits shall not be amended after the Case Management Conference without Court approval upon good cause shown by written motion. c. Arrangements for court reporters at Trial shall be made by the parties. Failure of a party or counsel to object in the manner and at the time referred to herein to portions of any depositions, responses to request to produce and request for admissions, or to any exhibits contained in the opposing parties list, shall constitute a waiver of all further objections and a consent to its use at Trial as evidence, notwithstanding any prohibition or provision in the Florida Evidence Code, or any other statute, rule, regulation or case law. d. The parties shall, no later than seven (7) days prior to trial date, file with the Court a Trial Brief and Memorandum of Law on any subject or issue involved in the case. Such filing shall not require response by the opposing party. All Motions in Limine shall be filed with the Court at the Case Management Conference and, upon good cause shown, no later than the morning of Trial, and shall be submitted with a Memorandum of Law in support thereof. e. Parties or attorneys for parties are expected to be present fifteen (15) minutes before trial is scheduled to begin on the day of trial. 10. NON-JURY TRIAL OF THIS CAUSE will be scheduled on a mutually convenient date for all parties at the Case Management Conference. The Case Management Conference nor Trial in this matter shall be continued; all parties are to be prepared to proceed as noticed.ORDERED in Chambers at Ocala, Marion County, Florida this 3% day of June, (homes p. Pompu TL, THOMAS P. THOMPSON, III County Judge 2019. CERTIFICATE OF SERVICE | HEREBY CERTIFY a true and correct copy of the foregoing has been furnished to, Haksoo Stephen Lee, Esq., hlee@FLRights.com, Edwin A. Green Ill, Esq., tgreen@bmaklaw.com, and Jeanie Kang, Esq., jkang@firights.com, by E-Service, this 3"4 day of June, 2019. Crna ra Q> Christina Jones, Judicial Assistant 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 Marion County Judicial Center, 110 NW 1‘ Avenue, Ocala, Florida 34475 or (352) 401-6710 within two (2) working days of your receipt of this notice. If you are hearing or voice impaired, call 711.