Preview
Filing# 145866580 E-Filed 03/16/2022 07:08:08 PM
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
CASE NO.. CACE21016648
DIVISION:
14
JUDGE: Rodriguez, Carlos Augusto (14)
Adriana Hincapie, et al
UNIFORM TRIAL ORDER
Seventeenth Judicial Circuit
ORDER FOR MANDATORY
CALENDAR CALL
Plaintiff(s)
/ Petitioner(s),
V
Joseph Bernard Wezkiewicz
Defendant(s)/ Respondent (s).
'
UNIFORM TRIAL ORDER
THE UNIFORM TRIAL DATE LISTED HEREIN IS A FIRM TRIAL DATE AND DEADLINES
WILL BE STRICTLY ENFORCED BY THE COURT. STRICT COMPLIANCE MEANS NO
CONTINUANCES OR EXTENSIONS WILL BE GRANTED WITHOUT COURT ORDER UPON
WRITTEN MOTION SETTING FORTH GOOD CAUSE, PURSUANT TO AOSC20-23,
AMENDMENT 13 (May 6,2021), AND FLA. R. GEN. PRAC. & JUD. ADMIN. 2.545(e).
FAILURE TO ATTEND CALENDAR CALL MAY RESULT IN EITHER
THIS CASE BEING DISMISSED OR A DEFAULT BEING ENTERED.
TRIAL PERIOD COMMENCING: 02-13-2023 to 03-03-2023:'This is a( 3 )week calendar.
02-06-2023 at 10:30 AM
CALENDAR CALL:
5
DAYS
X JURY
NON-JURY
1
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 03/16/2022 07:08:08 PM.****
I.
ORDER OF TRIALS:
The order oftrials set duringthis Trial Period will be determined at Calendar Call. Parties are
subjectto being called to commence trial during any portionofthe above noted Trial Period.
II.
TRIAL DATE:
The Court has determined this case is readyfor trial pursuant to Florida Rule of Civil Procedure
1.440. This case is set for trial before the undersigned Judge in Courtroom
14175 or Zoom: https://17thflcourts.zoom.us/i/277567705
,Broward
County Courthouse, 201 S.E. 6th Street,Fort Lauderdale, Florida,33301, as stated above. The
trial date is a firm trial date pursuant to AOSC20-23, Amendment 13 (May 6, 2021).
III.
CIVIL TRIAL POOL:
Parties are advised that this case may be placed into the Seventeenth Judicial Circuit Court's
"Civil Trial Pool" and is subjectto being called for trial before anyjudge. Ifplacedin the Civil
Trial Pool, parties must be prepared to proceed to trial if called. Only the Division Judge
or the Administrative Judge of the Seventeenth Judicial Circuit Court's Civil Division may
grant a continuance of any case placed in the Civil Trial Pool.
IV.
WITNESS LISTS:
A. NO LATER THAN ONE HUNDRED & TWENTY (120) DAYS PRIOR TO
CALENDAR CALL:
Fact Witnesses: Parties must file and serve a list of names and addresses of all fact
witnesses who are expectedto testifyat trial. Each party's fact witness list must include a
brief descriptionof the substance and scope of the testimony to be elicited from such
witness. Both sides must cooperate in the schedulingof such witness depositions.
B. NO LATER THAN NINETY (90) DAYS PRIOR TO CALENDAR CALL:
Expert Witnesses:
i.
At the time of disclosure of all expert witnesses,the partiesshall file and serve
the names and addresses of all expert witnesses to be called at trial,including
their complete and updated curriculum vitae,and all information regarding
expert testimony that is requiredby Fla. R. Civ. P. 1.28(b)(5).
Parties shall
furnish opposing counsel with two (2) alternative dates of availability
of all
expert witnesses for the purpose of takingtheir deposition.Both partiesshall
cooperate in the schedulingof expert depositions.
ii.
The partiesshall also provideanswers to standard form expert interrogatories
pursuant to Fla.R.Civ.P. 1.280(b)(5).
All reports or other data compiled by each
disclosed expert which is intended to be used by the expert and/or referred to
during his/her depositiontestimony shall be provided electronically
to the
opposing party at least 72 hours priorto the date of the scheduled deposition.
C. NO LATER THAN SIXTY (60) DAYS PRIOR TO CALENDAR CALL:
Rebuttal Witnesses: Parties must file and serve a list ofnames and addresses of any rebuttal
witnesses within sixty(60)days.
V.
COMPULSORY MEDICAL EVALUATIONS ."
('CME"):
A. NO LATER THAN NINETY (90) DAYS PRIOR TO CALENDAR CALL:
All CME and other examinations pursuant to Florida Rule of Civil Procedure 1.360 must
be completed no later than ninety(90)days priorto Calendar Call.
2
VI.
DISCOVERY DEADLINES:
A. NO LATER THAN SIXTY-FIVE (65)DAYS PRIOR TO CALENDAR CALL:
All final discoverymust have been initiated at least sixty-five(65) days priorto Calendar
Call.
B. NO LATER THAN THIRTY (30)DAYS PRIOR TO CALENDAR CALL:
Parties must completeall discovery,includingexpert discoveryin accordance with Florida
Rule of Civil Procedure 1.280(b)(5),
at least thirty(30)days priorto Calendar Call.
Discovery conducted after this time periodis stronglydisfavored and will only be permitted
by order of the Court under exceptionalcircumstances.
C. ELECTRONICALLY
STORED INFORMATION (ESI) DISCOVERY: ESI
discoveryproceduresare governed by Seventeenth Judicial Circuit Administrative Order
2021-20-Gen,
a
copy
of
which
is
available
on
the
Circuit's
webpage
(www. 17th.flcourts.org).
VII.
MOTIONS:
A. NO LATER THAN SEVENTY-FIVE (75)DAYS PRIOR TO CALENDAR CALL:
1.
Motions to add a party or partiesor to amend pleadingsshall be filed and set for hearing
no later than seventy-five(75)days before Calendar Call absent good cause shown. The
deadline shall not conflict with Florida Rule of Civil Procedure 1.190(e),and the motion
may be denied if there has been undue delay,bad faith,prejudiceto the opposing side,
dilatory
motive on the part of the moving party or when the amendment would be futile.
B. NO LATER THAN FORTY-FIVE (45)DAYS PRIOR TO CALENDAR CALL:
1.
DispositiveMotions: must be filed and heard no later than forty-five
(45)days before
Calendar Call.
2.
Deposition Objections:objectionsraised in depositionsexpected to be introduced at
trial must be filed and heard no later than forty-five
(45)days before Calendar Call.
..
3.
Expert Challenges:motions challengingan expert witness ("ExpertChallenges"),
must
be filed and heard no later than forty-five
(45)days before Calendar Call.
C. NO LATER THAN THIRTY (30)DAYS PRIOR TO CALENDAR CALL:
1.
Motions in Limine: must be filed and heard no later than thirty(30) days priorto
Calendar Call.
2.
All motions, other than motions in limine, not heard before Calendar Call will be
deerned abandoned.
D. PRIOR TO CALENDAR CALL:
1.
Motions for Summary Judgment: must be filed and heard prior to Calendar Call.
Motions for summary judgment will not be heard at Calendar Call.
VIII.
JOINT PRETRIAL STIPULATION:
A. NO LATER THAN TEN (10)DAYS PRIOR TO CALENDAR CALL:
1.
The Joint Pretrial Stipulationcontemplatesa singledocument that must be filed and
served,with a courtesy copy served on the undersigned judge, no later than ten (10)
days priorto Calendar Call.
2.
The Joint Pretrial Stipulationrequiresthat all agreedmatters be fullyidentified and any
disputedmatters be specifically
delineated with respect to each party.
3
3.
At the time of the above noticed Calendar Call, all partiesmust be preparedto discuss
all items set forth in Florida Rule of Civil Procedure 1.200(b).
B. The Joint Pretrial Stipulationmust contain the following in separately numbered
paragraphs:
1.
Statement of the Facts: A concise,impartialstatement of the facts of the case.
2.
StipulatedFacts: A listofthose facts that can be stipulated
and requireno proofat trial.
3.
Statement of Disputed Law & Fact: A concise,impartialstatement of those issues of
law and fact that are to be tried.
4.
Exhibit Lists: Each party must separatelylist all exhibits they intend to introduce into
evidence. Each item must be listed by number and descriptionon a separate schedule
attached to the Joint Pretrial Stipulation.Each exhibit must be specifically
described.
Generic descriptionsof exhibits are subject to being stricken. If any party objects
to the introduction of any such exhibit,such objectionmust be stated in the Joint
Pretrial Stipulation,settingforth the grounds with specificity.
All exhibits must have
been made available to all partiesfor examination. Parties must initial each other's
exhibit lists and exhibits. At trial,only those exhibits properly listed and initialed
may be offered into evidence.
5.
Demonstrative Exhibits: all demonstrative exhibits (e.g.,charts,graphs,enlargements
of exhibits,etc.)intended to be used at a jury trial must be displayedto all partiesat
least ten (10)days before trial.
6.
Witness Lists: Parties must furnish a written list containingthe names and addresses of
all witnesses intended to be called at trial in alphabetical
order. Such list must designate
the type of witness ("expert,"
"rebuttal,""impeachment," or otherwise)and must be
attached to the Joint Pretrial Stipulation.All fact witness lists must include a brief
descriptionof the substance and scope of the testimony to be elicited from such
witness. All expert witness lists must designate the expert's specialties.If any party
objectsto any witness,such objectionmust be stated in the Joint Pretrial Stipulation,
setting
forth the groundswith specificity.
At trial,only those witnesses properly and
timely disclosed will be permitted to testify.
7.
Jury Instructions: If the trial is a jury trial,the partiesmust identifyall agreed upon
standard instructions and all specialinstructions.
Copies of all agreed upon jury
instructions and disputedjury instructions must be attached to the Joint Pretrial
Stipulationidentifyingthe party that proposed the instruction,along with copies of
supportingstatutory citations and/or case law.
8.
Verdict Forms: If the trial is a jury trial,the jury verdict form must be designatedas
"agreed to" or "disputed"and must be attached to the Joint Pretrial Stipulation.
9.
Peremptory Challenges:If the trial is a jury trial,
the number ofperemptory challenges
for each party must be stated and attached to the Joint Pretrial Stipulation.
10. Pending Motions: Parties must set forth a list of all pending motions with copies
attached to the Joint Pretrial Stipulation.
11. Trial Estimate: Each party must providean estimate ofthe number oftrial days required
for presentingits side of the case.
12. Expert Challenges:All expert related issues involvingany requests for hearingson
related evidence must be noticed and heard-or agreedto by the parties-no later than
forty-five(45) days prior to Calendar Call.
FAILURE TO DO SO MAY
4
CONSTITUTE A WAIVER OF ANY EXPERT RELATED EVIDENCE ISSUE(S).
It is within the discretion ofthe Court to remove any case with pending expert issues.
IX.
COURT POLICIES:
A. Parties must do all thingsreasonable and necessary to assure the availability
of witnesses
for the entire Trial Period or to otherwise preserve witness testimonyfor trial as provided
by the Florida Rules of Civil Procedure. See Fla. R. Civ. P. 1.300 & 1.460; see also Fla.
R. Gen. Prac. & Jud. Admin. 2.545.
B. The requirementsofthis Uniform Trial Order cannot be waived by stipulation
absent prior
approval from the Court pursuant to written agreement between the parties.
C. This Uniform Trial Order may be tailored by the assignedDivision Judge to conform to
the particular
requirementsof the residential foreclosure and complex litigation
divisions.
D. At trial,there will only be one (1) official record transcribed by one (1)court reporter.
Plaintiff is responsiblefor arranging for a court reporter unless otherwise agreed. If a
conflict exists,the partiesmust resolve it among themselves priorto Calendar Call.
X.
CONTINUANCES:
No continuances will be granted without Court Order upon written motion settingforth
good cause pursuant to AOSC20-23, Amendment 13 (May 6, 2021), and Fla. R. Gen.
Prac. & Jud. Admin. 2.545(e). All motions seeking a continuance must comply with Fla.
R. Civ. P. 1.460 and Fla. R. Gen. Prac. & Jud. Adm. 2.545. Continuances requested for
reasons relatingto failure to follow this Order will not be granted.
A. CONTINUANCES will only be considered upon written motion filed with the Clerk
of Court and served on the undersignedjudge priorto the above noticed Calendar Call.
B. NO CONTINUANCES will be granted for reasons that should have been readily
apparent to the partieswhen this Uniform Trial Order was issued.
C. NO CONTINUANCES will be granted if expert witnesses are unavailable because
testimonymay be preservedby deposition.
D. NO CONTINUANCES will be grantedfor reasons relating
to the failure to follow this
Uniform Trial Order.
XI.
MANDATORY MEDIATION:
Mediation must commence no later than sixty(60)days priorto Calendar Call. The parties
must comply with Florida Rules of Civil Procedure 1.700, 1.710, 1.720, and 1.730 as to the
conduct of mediation. Plaintiff's counsel is appointedlead counsel to facilitate and schedule
the settlement conference with the mediator and all parties.The Court appoints:
WHOMEVER THE PARTIES AGREE UPON
as Mediator, unless,within thirty(30) days of this Uniform Trial Order, the partieschoose a
different Mediator, and file notice of that choice and the name of the substitute mediator with the
Clerk of Court. Failure to attend mediation may result in sanctions.
XII.
SANCTIONS:
A. All partiesshould be familiar with Florida Rule of Civil Procedure 1.380 entitled "Failure
to Make Discovery;Sanctions" and section 57.105, Florida Statutes,entitled "Attorney's
5
fee;sanctions for raisingunsupported claims or defenses; exceptions;service of motions;
..
damages for delay of litigation.
B. FAILURE TO APPEAR, FAILURE TO FOLLOW TIME REQUIREMENTS, OR
FAILURE TO FILE DOCUMENTS REQUIRED BY THIS COURT MAY RESULT IN
THE DISMISSAL OF THE ACTION OR THE IMPOSITION OF SANCTIONS
INCLUDING THE STRIKING OF PLEADINGS.
XIII.
SETTLEMENT NOTIFICATION:
Parties must immediately notifythe Court in the event of settlement and submit a stipulation
for an Order of Dismissal. Parties shall also cancel any and all pending hearingsas a result of
the settlement.
Pursuant to Florida Rule of General Practice and Judicial Administration 2.516(h)(1),
counsel must file this Uniform Trial Order with the Clerk of Court, serve any self-
represented parties with this Uniform Trial Order, and file a "Certificate of Service" with
the Clerk of Court, in compliance with Florida Rule of General Practice and Judicial
Administration 2.516(f),certifyingthe self-representedparty was served with this Uniform
Trial Order.
DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida on
03-16-2022
CalzRrl-vwez
CACE21016648 03-16-20724-:E*:2*f---
CACE21016648 03-16-2022 1:26 PM
Circuit Court Judge
If you are a person with a disability
who needs any accommodation in order to
participatein this proceeding, you are entitled, at no cost to you, to the
provision of certain assistance. Please contact the ADA Coordinator, Room
20140, 201 S.E. Sixth Street,Fort Lauderdale, Florida 33301, 954-831-7721 at
least 7 days before your scheduled court appearance, or immediately upon
receivingthis notification if the time before the scheduled appearance is less
than 7 days. If you have a hearing or voice disabilityyou can contact the court
through the Florida Relay Service by calling711.
6
CC
Andrew Kevin Houston, Emai : eservice@rubensteinlaw.corn
Andrew Kevin Houston, Emai : khouston@rubensteinlaw.corn
Andrew Kevin Houston, Emai : emsantana@rubensteinlaw.corn
Car os A Jordi, Emai : crios@rubensteinlaw.corn
Car os A Jordi, Emai : cjordi@rubensteinlaw.corn
Car os A Jordi, Emai : eservice@rubensteinlaw.corn
Chayanne Barros, Email : cbarros@rubensteinlaw.corn
Elizabeth Dieguez, Email : Edieguez@rubensteinlaw.com
Miriam Fresco Agrait, Emai : Ibanciella@rubensteinlaw.com
Miriam Fresco Agrait, Emai : mfagrait@rubensteinlaw.com
Miriam Fresco Agrait, Emai : eservice@rubensteinlaw.com
Sheri Critelli-Fabiano,Email : flor.law-shericritelli.298019@statefarm.com
Preview
Filing# 145866580 E-Filed 03/16/2022 07:08:08 PM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.. CACE21016648 DIVISION: 14 JUDGE: Rodriguez, Carlos Augusto (14) Adriana Hincapie, et al UNIFORM TRIAL ORDER Seventeenth Judicial Circuit ORDER FOR MANDATORY CALENDAR CALL Plaintiff(s) / Petitioner(s), V Joseph Bernard Wezkiewicz Defendant(s)/ Respondent (s). ' UNIFORM TRIAL ORDER THE UNIFORM TRIAL DATE LISTED HEREIN IS A FIRM TRIAL DATE AND DEADLINES WILL BE STRICTLY ENFORCED BY THE COURT. STRICT COMPLIANCE MEANS NO CONTINUANCES OR EXTENSIONS WILL BE GRANTED WITHOUT COURT ORDER UPON WRITTEN MOTION SETTING FORTH GOOD CAUSE, PURSUANT TO AOSC20-23, AMENDMENT 13 (May 6,2021), AND FLA. R. GEN. PRAC. & JUD. ADMIN. 2.545(e). FAILURE TO ATTEND CALENDAR CALL MAY RESULT IN EITHER THIS CASE BEING DISMISSED OR A DEFAULT BEING ENTERED. TRIAL PERIOD COMMENCING: 02-13-2023 to 03-03-2023:'This is a( 3 )week calendar. 02-06-2023 at 10:30 AM CALENDAR CALL: 5 DAYS X JURY NON-JURY 1 *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 03/16/2022 07:08:08 PM.**** I. ORDER OF TRIALS: The order oftrials set duringthis Trial Period will be determined at Calendar Call. Parties are subjectto being called to commence trial during any portionofthe above noted Trial Period. II. TRIAL DATE: The Court has determined this case is readyfor trial pursuant to Florida Rule of Civil Procedure 1.440. This case is set for trial before the undersigned Judge in Courtroom 14175 or Zoom: https://17thflcourts.zoom.us/i/277567705 ,Broward County Courthouse, 201 S.E. 6th Street,Fort Lauderdale, Florida,33301, as stated above. The trial date is a firm trial date pursuant to AOSC20-23, Amendment 13 (May 6, 2021). III. CIVIL TRIAL POOL: Parties are advised that this case may be placed into the Seventeenth Judicial Circuit Court's "Civil Trial Pool" and is subjectto being called for trial before anyjudge. Ifplacedin the Civil Trial Pool, parties must be prepared to proceed to trial if called. Only the Division Judge or the Administrative Judge of the Seventeenth Judicial Circuit Court's Civil Division may grant a continuance of any case placed in the Civil Trial Pool. IV. WITNESS LISTS: A. NO LATER THAN ONE HUNDRED & TWENTY (120) DAYS PRIOR TO CALENDAR CALL: Fact Witnesses: Parties must file and serve a list of names and addresses of all fact witnesses who are expectedto testifyat trial. Each party's fact witness list must include a brief descriptionof the substance and scope of the testimony to be elicited from such witness. Both sides must cooperate in the schedulingof such witness depositions. B. NO LATER THAN NINETY (90) DAYS PRIOR TO CALENDAR CALL: Expert Witnesses: i. At the time of disclosure of all expert witnesses,the partiesshall file and serve the names and addresses of all expert witnesses to be called at trial,including their complete and updated curriculum vitae,and all information regarding expert testimony that is requiredby Fla. R. Civ. P. 1.28(b)(5). Parties shall furnish opposing counsel with two (2) alternative dates of availability of all expert witnesses for the purpose of takingtheir deposition.Both partiesshall cooperate in the schedulingof expert depositions. ii. The partiesshall also provideanswers to standard form expert interrogatories pursuant to Fla.R.Civ.P. 1.280(b)(5). All reports or other data compiled by each disclosed expert which is intended to be used by the expert and/or referred to during his/her depositiontestimony shall be provided electronically to the opposing party at least 72 hours priorto the date of the scheduled deposition. C. NO LATER THAN SIXTY (60) DAYS PRIOR TO CALENDAR CALL: Rebuttal Witnesses: Parties must file and serve a list ofnames and addresses of any rebuttal witnesses within sixty(60)days. V. COMPULSORY MEDICAL EVALUATIONS ." ('CME"): A. NO LATER THAN NINETY (90) DAYS PRIOR TO CALENDAR CALL: All CME and other examinations pursuant to Florida Rule of Civil Procedure 1.360 must be completed no later than ninety(90)days priorto Calendar Call. 2 VI. DISCOVERY DEADLINES: A. NO LATER THAN SIXTY-FIVE (65)DAYS PRIOR TO CALENDAR CALL: All final discoverymust have been initiated at least sixty-five(65) days priorto Calendar Call. B. NO LATER THAN THIRTY (30)DAYS PRIOR TO CALENDAR CALL: Parties must completeall discovery,includingexpert discoveryin accordance with Florida Rule of Civil Procedure 1.280(b)(5), at least thirty(30)days priorto Calendar Call. Discovery conducted after this time periodis stronglydisfavored and will only be permitted by order of the Court under exceptionalcircumstances. C. ELECTRONICALLY STORED INFORMATION (ESI) DISCOVERY: ESI discoveryproceduresare governed by Seventeenth Judicial Circuit Administrative Order 2021-20-Gen, a copy of which is available on the Circuit's webpage (www. 17th.flcourts.org). VII. MOTIONS: A. NO LATER THAN SEVENTY-FIVE (75)DAYS PRIOR TO CALENDAR CALL: 1. Motions to add a party or partiesor to amend pleadingsshall be filed and set for hearing no later than seventy-five(75)days before Calendar Call absent good cause shown. The deadline shall not conflict with Florida Rule of Civil Procedure 1.190(e),and the motion may be denied if there has been undue delay,bad faith,prejudiceto the opposing side, dilatory motive on the part of the moving party or when the amendment would be futile. B. NO LATER THAN FORTY-FIVE (45)DAYS PRIOR TO CALENDAR CALL: 1. DispositiveMotions: must be filed and heard no later than forty-five (45)days before Calendar Call. 2. Deposition Objections:objectionsraised in depositionsexpected to be introduced at trial must be filed and heard no later than forty-five (45)days before Calendar Call. .. 3. Expert Challenges:motions challengingan expert witness ("ExpertChallenges"), must be filed and heard no later than forty-five (45)days before Calendar Call. C. NO LATER THAN THIRTY (30)DAYS PRIOR TO CALENDAR CALL: 1. Motions in Limine: must be filed and heard no later than thirty(30) days priorto Calendar Call. 2. All motions, other than motions in limine, not heard before Calendar Call will be deerned abandoned. D. PRIOR TO CALENDAR CALL: 1. Motions for Summary Judgment: must be filed and heard prior to Calendar Call. Motions for summary judgment will not be heard at Calendar Call. VIII. JOINT PRETRIAL STIPULATION: A. NO LATER THAN TEN (10)DAYS PRIOR TO CALENDAR CALL: 1. The Joint Pretrial Stipulationcontemplatesa singledocument that must be filed and served,with a courtesy copy served on the undersigned judge, no later than ten (10) days priorto Calendar Call. 2. The Joint Pretrial Stipulationrequiresthat all agreedmatters be fullyidentified and any disputedmatters be specifically delineated with respect to each party. 3 3. At the time of the above noticed Calendar Call, all partiesmust be preparedto discuss all items set forth in Florida Rule of Civil Procedure 1.200(b). B. The Joint Pretrial Stipulationmust contain the following in separately numbered paragraphs: 1. Statement of the Facts: A concise,impartialstatement of the facts of the case. 2. StipulatedFacts: A listofthose facts that can be stipulated and requireno proofat trial. 3. Statement of Disputed Law & Fact: A concise,impartialstatement of those issues of law and fact that are to be tried. 4. Exhibit Lists: Each party must separatelylist all exhibits they intend to introduce into evidence. Each item must be listed by number and descriptionon a separate schedule attached to the Joint Pretrial Stipulation.Each exhibit must be specifically described. Generic descriptionsof exhibits are subject to being stricken. If any party objects to the introduction of any such exhibit,such objectionmust be stated in the Joint Pretrial Stipulation,settingforth the grounds with specificity. All exhibits must have been made available to all partiesfor examination. Parties must initial each other's exhibit lists and exhibits. At trial,only those exhibits properly listed and initialed may be offered into evidence. 5. Demonstrative Exhibits: all demonstrative exhibits (e.g.,charts,graphs,enlargements of exhibits,etc.)intended to be used at a jury trial must be displayedto all partiesat least ten (10)days before trial. 6. Witness Lists: Parties must furnish a written list containingthe names and addresses of all witnesses intended to be called at trial in alphabetical order. Such list must designate the type of witness ("expert," "rebuttal,""impeachment," or otherwise)and must be attached to the Joint Pretrial Stipulation.All fact witness lists must include a brief descriptionof the substance and scope of the testimony to be elicited from such witness. All expert witness lists must designate the expert's specialties.If any party objectsto any witness,such objectionmust be stated in the Joint Pretrial Stipulation, setting forth the groundswith specificity. At trial,only those witnesses properly and timely disclosed will be permitted to testify. 7. Jury Instructions: If the trial is a jury trial,the partiesmust identifyall agreed upon standard instructions and all specialinstructions. Copies of all agreed upon jury instructions and disputedjury instructions must be attached to the Joint Pretrial Stipulationidentifyingthe party that proposed the instruction,along with copies of supportingstatutory citations and/or case law. 8. Verdict Forms: If the trial is a jury trial,the jury verdict form must be designatedas "agreed to" or "disputed"and must be attached to the Joint Pretrial Stipulation. 9. Peremptory Challenges:If the trial is a jury trial, the number ofperemptory challenges for each party must be stated and attached to the Joint Pretrial Stipulation. 10. Pending Motions: Parties must set forth a list of all pending motions with copies attached to the Joint Pretrial Stipulation. 11. Trial Estimate: Each party must providean estimate ofthe number oftrial days required for presentingits side of the case. 12. Expert Challenges:All expert related issues involvingany requests for hearingson related evidence must be noticed and heard-or agreedto by the parties-no later than forty-five(45) days prior to Calendar Call. FAILURE TO DO SO MAY 4 CONSTITUTE A WAIVER OF ANY EXPERT RELATED EVIDENCE ISSUE(S). It is within the discretion ofthe Court to remove any case with pending expert issues. IX. COURT POLICIES: A. Parties must do all thingsreasonable and necessary to assure the availability of witnesses for the entire Trial Period or to otherwise preserve witness testimonyfor trial as provided by the Florida Rules of Civil Procedure. See Fla. R. Civ. P. 1.300 & 1.460; see also Fla. R. Gen. Prac. & Jud. Admin. 2.545. B. The requirementsofthis Uniform Trial Order cannot be waived by stipulation absent prior approval from the Court pursuant to written agreement between the parties. C. This Uniform Trial Order may be tailored by the assignedDivision Judge to conform to the particular requirementsof the residential foreclosure and complex litigation divisions. D. At trial,there will only be one (1) official record transcribed by one (1)court reporter. Plaintiff is responsiblefor arranging for a court reporter unless otherwise agreed. If a conflict exists,the partiesmust resolve it among themselves priorto Calendar Call. X. CONTINUANCES: No continuances will be granted without Court Order upon written motion settingforth good cause pursuant to AOSC20-23, Amendment 13 (May 6, 2021), and Fla. R. Gen. Prac. & Jud. Admin. 2.545(e). All motions seeking a continuance must comply with Fla. R. Civ. P. 1.460 and Fla. R. Gen. Prac. & Jud. Adm. 2.545. Continuances requested for reasons relatingto failure to follow this Order will not be granted. A. CONTINUANCES will only be considered upon written motion filed with the Clerk of Court and served on the undersignedjudge priorto the above noticed Calendar Call. B. NO CONTINUANCES will be granted for reasons that should have been readily apparent to the partieswhen this Uniform Trial Order was issued. C. NO CONTINUANCES will be granted if expert witnesses are unavailable because testimonymay be preservedby deposition. D. NO CONTINUANCES will be grantedfor reasons relating to the failure to follow this Uniform Trial Order. XI. MANDATORY MEDIATION: Mediation must commence no later than sixty(60)days priorto Calendar Call. The parties must comply with Florida Rules of Civil Procedure 1.700, 1.710, 1.720, and 1.730 as to the conduct of mediation. Plaintiff's counsel is appointedlead counsel to facilitate and schedule the settlement conference with the mediator and all parties.The Court appoints: WHOMEVER THE PARTIES AGREE UPON as Mediator, unless,within thirty(30) days of this Uniform Trial Order, the partieschoose a different Mediator, and file notice of that choice and the name of the substitute mediator with the Clerk of Court. Failure to attend mediation may result in sanctions. XII. SANCTIONS: A. All partiesshould be familiar with Florida Rule of Civil Procedure 1.380 entitled "Failure to Make Discovery;Sanctions" and section 57.105, Florida Statutes,entitled "Attorney's 5 fee;sanctions for raisingunsupported claims or defenses; exceptions;service of motions; .. damages for delay of litigation. B. FAILURE TO APPEAR, FAILURE TO FOLLOW TIME REQUIREMENTS, OR FAILURE TO FILE DOCUMENTS REQUIRED BY THIS COURT MAY RESULT IN THE DISMISSAL OF THE ACTION OR THE IMPOSITION OF SANCTIONS INCLUDING THE STRIKING OF PLEADINGS. XIII. SETTLEMENT NOTIFICATION: Parties must immediately notifythe Court in the event of settlement and submit a stipulation for an Order of Dismissal. Parties shall also cancel any and all pending hearingsas a result of the settlement. Pursuant to Florida Rule of General Practice and Judicial Administration 2.516(h)(1), counsel must file this Uniform Trial Order with the Clerk of Court, serve any self- represented parties with this Uniform Trial Order, and file a "Certificate of Service" with the Clerk of Court, in compliance with Florida Rule of General Practice and Judicial Administration 2.516(f),certifyingthe self-representedparty was served with this Uniform Trial Order. DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida on 03-16-2022 CalzRrl-vwez CACE21016648 03-16-20724-:E*:2*f--- CACE21016648 03-16-2022 1:26 PM Circuit Court Judge If you are a person with a disability who needs any accommodation in order to participatein this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator, Room 20140, 201 S.E. Sixth Street,Fort Lauderdale, Florida 33301, 954-831-7721 at least 7 days before your scheduled court appearance, or immediately upon receivingthis notification if the time before the scheduled appearance is less than 7 days. If you have a hearing or voice disabilityyou can contact the court through the Florida Relay Service by calling711. 6 CC Andrew Kevin Houston, Emai : eservice@rubensteinlaw.corn Andrew Kevin Houston, Emai : khouston@rubensteinlaw.corn Andrew Kevin Houston, Emai : emsantana@rubensteinlaw.corn Car os A Jordi, Emai : crios@rubensteinlaw.corn Car os A Jordi, Emai : cjordi@rubensteinlaw.corn Car os A Jordi, Emai : eservice@rubensteinlaw.corn Chayanne Barros, Email : cbarros@rubensteinlaw.corn Elizabeth Dieguez, Email : Edieguez@rubensteinlaw.com Miriam Fresco Agrait, Emai : Ibanciella@rubensteinlaw.com Miriam Fresco Agrait, Emai : mfagrait@rubensteinlaw.com Miriam Fresco Agrait, Emai : eservice@rubensteinlaw.com Sheri Critelli-Fabiano,Email : flor.law-shericritelli.298019@statefarm.com