Preview
Filing # 135369534 E-Filed 09/27/2021 01:14:20 PM
IN THE CIRCUIT COURT OF THE FIFTEENTH
JUDICIAL CIRCUIT IN AND
FOR PALM BEACH COUNTY, FLORIDA
CIRCUIT CIVIL DIVISION: "AK"
CASE NO.:50-2021-CA-00 1896-XXXX-MB
MARC HARRIS,
NADIA JOSEPH-HARRIS,
Plaintiff/P etitioners
vs.
ALAN DENSEN,
Defendant/Respondent.
/
ORDER SETTING JURY TRIAL AND DIRECTING PRETRIAL AND MEDIATION
PROCEDURES
I. SCHEDULING
This action is set for Jury trial on a docket commencing August 8, 2022 and ending on
September 9, 2022. 4 days have been reserved for this trial. The trial will be scheduled
sometime during the docket at a date and time to be provided at the calendar call, or by
order or other notification of the Court.
Dedede WeM he ie tek doe 2a Meee
Caled Wal SUA De CULUUGLEU ds LUUUWS.
X___ ELECTRONIC. Youare directed to complete and return by July 22, 2022 ane-
calendar formas required by the Court's Divisional Instructions. See Attached Exhibit "A"
IL CASE MANAGEMENT ORDER
Pursuant to Fla. Admin. Order AOSC20-23, Amendment 10 (Fla. March 9, 2021) and
Administrative Order 3.108, a Case Management Order ("CMO") may have been
previously entered in this case. The CMO sets forth, inter alia, deadlines for the
following:
a. Completion of Fact Witness Discovery;
b. Completion of Expert Discovery; and
c. Alternative Dispute Resolution (Mediation).
The deadlines set forth in this Order control pretrial procedure in this case and
supersede any conflicting deadlines set forth in the CMO.
II. UNIFORM PRETRIAL PROCEDURE
A. Exhibits and Witnesses. On the last business day no later than 120 DAYS PRIOR
TO CALENDAR CALL, the parties shall exchange lists of all trial exhibits, names
and addresses of all trial witnesses, and names and addresses of all expert
witnesses,
B. Rebuttal Witnesses. On the last business day no later than 60 DAYS PRIOR TO
CALENDAR CALL, the parties shall exchange lists of names and addresses of all
Page lof6
CHEN. DAIAARCACUAAIINTY Cl INGEDU ARDIIV7ZN FLED nain7INNNA N4.44-90 DNA
Hn. PAL DLA VUUINE TT, PL, VUOL IE mDnNueey, ULLIAN, voreri2ue! Ul iteeu riCase No. 50-2021-CA-001896-XXXX-MB
rebuttal witnesses.
C. Discovery Cutoff. Unless otherwise agreed in the Pre-Trial Stipulation, all
discovery must be completed no later than 10 DAYS BEFORE THE DATE SET
FOR CALENDAR CALL, absent agreement for later discovery specifically
stated in the Pre-Trial Stipulation or for other good cause shown.
D. Meet and Confer. On the last business day no later than30 DAYS PRIOR TO
CALENDAR CALL, the parties shall confer and:
1. discuss settlement;
2. simplify the issues and stipulate, in writing, as to as many facts and issues as
possible;
3. prepare a Pre-Trial Stipulation in accordance with paragraph E; and
4. list all objections to trial exhibits.
E. Filing of Pretrial Stipulation. It shall be the duty of counsel for the Plaintiff to see
that the Pre-Trial Stipulation is drawn, executed by counsel for all parties, and filed
0 Pp. a 1 1
pretrial statements are disallowed, unless approved by the Court, after notice and
hearing showing good cause. Counsel for all parties are charged with good faith
cooperation in this regard. The Pre-Trial Stipulation shall contain in separately
numbered paragraphs:
1. a list of all pe: ding ranted including Le In Limine And Daubert
Motions requiring action by the Court aid tie dates those motions are set for
hearing (Motions. Jn Limine And Daubert Hearings shall not be heard the day
of trial or thereafter.)
2. stipulated facts which require no proof at trial which may be read to the trier
of fact;
3. astatement of all issues of fact for determination at trial;
4. each party's numbered list of trial exhibits with specific objections, if any, to
schedules atiached to the Sipulaiion;
5. each party's numbered list of trial witnesses with addresses (including all
known rebuttal witnesses); the list of witnesses shall be on separate schedules
attached to the Stipulation;
6. astatement of estimated trial time;
. names of attorneys to try case; and
8. number of peremptory challenges per party.
_
Failure to file the Pre-Trial Stipulation or a Court Approved Unilateral Stipulation as
above provided may result in the case being stricken from the Court's calendar at its
sounding or other sanctions.
F. Required Expert Disclosure In addition to names and addresses of each expert
retained to formulate an expert opinion with regard to this cause, both on the initial
listing and on rebuttal, the parties shall provide:
1. the subject matter about which the expert is expected to testify;
2. the substance of the facts and opinions to which the expert is expected to
Page 2 of 6Case No. 50-2021-CA-001896-XXXX-MB
testify;
3. asumnury of the grounds for each opinion;
4. acopy of any written reports issued by the expert regarding this case; and
5. acopy of the expert's curriculum vitae.
G. Additional Exhibits, Witnesses Or Objections. At trial, the parties shall be strictly
limited to exhibits and witnesses disclosed and objections reserved on the schedules
attached to the Pre-Trial Stipulation prepared in accordance with paragraphs D and
E, absent agreement specifically stated in the Pre-Trial Stipulation or order of the
Court upon good cause shown. Failure to reserve obiections constitutes a waiver. A
party desiring to use an exhibit or witness discovered after counsel have conferred
pursuant to paragraph D shall immediately furnish the Court and other counsel witha
description of the exhibit or with the witness' name and address and the expected
subject matter of the witness' testimony, together with the reason for the late
discovery of the exhibit or witness. Use of the exhibit or witness may be allowed
by the Court for good cause shown or to prevent manifest injustice.
J.
set by the Court on its own motion. If a pre-trial conference is set upon motion of a
party, counsel shall meet and prepare a stipulation pursuant to paragraphs A and B
and file the stipulation no later than5 DAYS BEFORE THE CONFERENCE.
Failure to request a pre-trial conference ina timely fashion constitutes a waiver of
the notice of requirement of Rule 1.200. Motions for Summary Judgment will not be
heard at any pre-trial conference.
T Viniane Onactiane OF Taw Drins ty calandar call eaincal far the nartiac ara
Unique JucSuons Or wave: cr wo Carcuuar Cau, COunser i0r ule parues are
directed to exchange and simultaneously submit to the Court appropriate memoranda
with citations to legal authority in support of any unique legal questions which may
reasonably be anticipated to arise during the trial.
Pre-Marking Exhibits. Prior to trial, each party shall meet with and assist the clerk
in marking for identification all exhibits, as directed by the clerk.
K. Deposition Designations. No| later than 20 DAYS PRIOR TO CALENDAR
Hipaity Suall S€iVE MS, Hi, OF WS GESignauon OF Geposiions, Oi poruons
of depositions, each intends to offer as testimony in his, her or its case in chief. No
later than 10 DAYS PRIOR TO CALENDAR CALL, each opposing party shall
serve his, her, or its counter (or fairness") designations to portions of depositions
designated, together with objections to the depositions, or portions thereof,
originally designated. No later than calendar call, each party shall serve his, her or
its objections to counter designations served by an opposing party.
IV. MEDIATION
A. All parties are required to participate in mediation. The following shall apply to
mediation:
1, The appearance of counsel who will try the case and representatives of each
party with full authority to enter into a complete compromise and settlement is
mandatory. If insurance is involved, an adjuster with authority up to the policy
limits or the most recent demand, whichever is lower, shall attend.
Page 3 of 6Case No. 50-2021-CA-001896-XXXX-MB
(2
2. Atleast one week prior to a scheduled mediation conference, all parties shall
file with the mediator a brief, written summary of the case containing a list of
issues as to each party. If an attomey or party filing the summary wishes its
content to remain confidential, he/she must advise the mediator in writing when
the report is filed.
3. All discussions, representations, and statements made at the mediation
conference shall be privileged consistent with Florida Statutes sections
44.102 and 90.408.
4. The mediator has no power to compel or enforce a settlement agreement. If a
settlement is reached, it shall be the responsibility of the attorneys or parties
to reduce the agreement to writing and to comply with Florida Rule of Civil
Procedure 1.730(b), unless waived.
. The Plaintiff's attorney shall be responsible for scheduling mediation. The parties
should agree ona mediator. If they are unable to agree, any party may apply to the
Court for appointment of a mediator in cone with Rule 1.720 (f), Fla. R. Civ. P.
Th Ht
Notice of Mediation giving the time, place, aa date of the mediation and the
mediator’s name.
. Completion of mediation prior to calendar call is a prerequisite to trial. If
mediation is not conducted, or if a party fails to participate in mediation, the case, at
the Court's discretion, may be stricken from the trial calendar, pleadings may be
stricken, and other sanctions may be imposed.
Any narh: annncing madiatinn may nraceed under Elarida Rule of Civil Dracadure
daly party Opposing umuiauol tay proceeu uur A 1Ollue INWe Of UV a TOCCUUe
1,700(b).
V. NONCOMPLIANCE
NONCOMPLIANCE WITH ANY PORTION OF THIS ORDER MAY RESULT
IN THE STRIKING OF THE CASE, WITNESSES, OR EXHIBITS, OR
IMPOSITION OF SUCH OTHER SANCTIONS AS ARE JUST.
DONE AND ORDERED in West Palm Beach, Palm Beach County, Florida.
mh, TH Ome
hones MB—o827202 OUT
, aige Guitm CIRCUN dge
aominisrratWe ore: of Tue Cour
50-2021-CA-001896-XXXX-MB 09/27/2021
Paige Gillman
Circuit Judge
COPIES TO:
ERIC HAYDEN No Address Available ehayden@shw-law.com
acoates@shw-iaw.com
Page 4 of 6Case No. 50-2021-CA-001896-XXXX-MB
ERIC HAYDEN
HARRISON A. JOSS
TAMAR GELIN
1615 FORUM PLACE
SUITE4D
WEST PALM BEACH, FL
33401
1615 FORUM PLACE
SUITE4D
WEST PALM BEACH, FL
33401
110 SE 6TH ST
SUITE 1800
FORT LAUDERDALE, FL
33301
WILLIAM D. ZOELLER 1615 FORUM PLACE
SUITE4D
WEST PALM BEACH, FL
arAns
do4ul
Page 5 of 6
EHAYDEN@SHW-
LAW.COM
acoates@shw-law.com
jdaza@shw-law.com
hjoss@shw-law.com
darriaga@shw-law.com
FTLAUDERDALELEGAL@A
LLSTATE.COM
tamarsolarin@allstate.com
WZOELLER@SHW-
LAW.COM
tcoffey@shw-law.com
CK aid@stiw-iaw comCase No. 50-2021-CA-001896-XXXX-MB
EXHIBIT A - CASE INFORMATION SHEET FOR CALENDAR CALL
Short Style: v. , Case No:
Lead Attorneys: Plaintiff; ; Phone:
Defendant: Phone:
Primary Case Contact!: : Phone:
Anticipated Length of Trial; Date Mediated:
Date Pre-Trial Stipulation filed Jury Instructions ready: Yes/No
Any non-compliance with pre-trial order: Yes/No -if yes, what
Outstanding Motions: Yes/No If yes, already set for hearing: Yes/No
Pid, Mowdis: Tite ieeded:
Time requested for voir dire, if more than one hour per side:
Number of jurors:
Trial Conflicts (Plaintiff and Defendant):
*The Court will only recognize the following conflicts: Pre-Paid vacations, Personal Conflicts
Week I:
Week 2:
Week 3:
Week 4:
Week 5 (if applicable):
Other matters for the Court:
‘Name and phone number of person (usually Plaintiff's assistant) that the Court (usually the Judicial Assistant) can contact
that will pass on notice to all parties.
Page 6 of 6
Preview
Filing # 135369534 E-Filed 09/27/2021 01:14:20 PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CIRCUIT CIVIL DIVISION: "AK" CASE NO.:50-2021-CA-00 1896-XXXX-MB MARC HARRIS, NADIA JOSEPH-HARRIS, Plaintiff/P etitioners vs. ALAN DENSEN, Defendant/Respondent. / ORDER SETTING JURY TRIAL AND DIRECTING PRETRIAL AND MEDIATION PROCEDURES I. SCHEDULING This action is set for Jury trial on a docket commencing August 8, 2022 and ending on September 9, 2022. 4 days have been reserved for this trial. The trial will be scheduled sometime during the docket at a date and time to be provided at the calendar call, or by order or other notification of the Court. Dedede WeM he ie tek doe 2a Meee Caled Wal SUA De CULUUGLEU ds LUUUWS. X___ ELECTRONIC. Youare directed to complete and return by July 22, 2022 ane- calendar formas required by the Court's Divisional Instructions. See Attached Exhibit "A" IL CASE MANAGEMENT ORDER Pursuant to Fla. Admin. Order AOSC20-23, Amendment 10 (Fla. March 9, 2021) and Administrative Order 3.108, a Case Management Order ("CMO") may have been previously entered in this case. The CMO sets forth, inter alia, deadlines for the following: a. Completion of Fact Witness Discovery; b. Completion of Expert Discovery; and c. Alternative Dispute Resolution (Mediation). The deadlines set forth in this Order control pretrial procedure in this case and supersede any conflicting deadlines set forth in the CMO. II. UNIFORM PRETRIAL PROCEDURE A. Exhibits and Witnesses. On the last business day no later than 120 DAYS PRIOR TO CALENDAR CALL, the parties shall exchange lists of all trial exhibits, names and addresses of all trial witnesses, and names and addresses of all expert witnesses, B. Rebuttal Witnesses. On the last business day no later than 60 DAYS PRIOR TO CALENDAR CALL, the parties shall exchange lists of names and addresses of all Page lof6 CHEN. DAIAARCACUAAIINTY Cl INGEDU ARDIIV7ZN FLED nain7INNNA N4.44-90 DNA Hn. PAL DLA VUUINE TT, PL, VUOL IE mDnNueey, ULLIAN, voreri2ue! Ul iteeu riCase No. 50-2021-CA-001896-XXXX-MB rebuttal witnesses. C. Discovery Cutoff. Unless otherwise agreed in the Pre-Trial Stipulation, all discovery must be completed no later than 10 DAYS BEFORE THE DATE SET FOR CALENDAR CALL, absent agreement for later discovery specifically stated in the Pre-Trial Stipulation or for other good cause shown. D. Meet and Confer. On the last business day no later than30 DAYS PRIOR TO CALENDAR CALL, the parties shall confer and: 1. discuss settlement; 2. simplify the issues and stipulate, in writing, as to as many facts and issues as possible; 3. prepare a Pre-Trial Stipulation in accordance with paragraph E; and 4. list all objections to trial exhibits. E. Filing of Pretrial Stipulation. It shall be the duty of counsel for the Plaintiff to see that the Pre-Trial Stipulation is drawn, executed by counsel for all parties, and filed 0 Pp. a 1 1 pretrial statements are disallowed, unless approved by the Court, after notice and hearing showing good cause. Counsel for all parties are charged with good faith cooperation in this regard. The Pre-Trial Stipulation shall contain in separately numbered paragraphs: 1. a list of all pe: ding ranted including Le In Limine And Daubert Motions requiring action by the Court aid tie dates those motions are set for hearing (Motions. Jn Limine And Daubert Hearings shall not be heard the day of trial or thereafter.) 2. stipulated facts which require no proof at trial which may be read to the trier of fact; 3. astatement of all issues of fact for determination at trial; 4. each party's numbered list of trial exhibits with specific objections, if any, to schedules atiached to the Sipulaiion; 5. each party's numbered list of trial witnesses with addresses (including all known rebuttal witnesses); the list of witnesses shall be on separate schedules attached to the Stipulation; 6. astatement of estimated trial time; . names of attorneys to try case; and 8. number of peremptory challenges per party. _ Failure to file the Pre-Trial Stipulation or a Court Approved Unilateral Stipulation as above provided may result in the case being stricken from the Court's calendar at its sounding or other sanctions. F. Required Expert Disclosure In addition to names and addresses of each expert retained to formulate an expert opinion with regard to this cause, both on the initial listing and on rebuttal, the parties shall provide: 1. the subject matter about which the expert is expected to testify; 2. the substance of the facts and opinions to which the expert is expected to Page 2 of 6Case No. 50-2021-CA-001896-XXXX-MB testify; 3. asumnury of the grounds for each opinion; 4. acopy of any written reports issued by the expert regarding this case; and 5. acopy of the expert's curriculum vitae. G. Additional Exhibits, Witnesses Or Objections. At trial, the parties shall be strictly limited to exhibits and witnesses disclosed and objections reserved on the schedules attached to the Pre-Trial Stipulation prepared in accordance with paragraphs D and E, absent agreement specifically stated in the Pre-Trial Stipulation or order of the Court upon good cause shown. Failure to reserve obiections constitutes a waiver. A party desiring to use an exhibit or witness discovered after counsel have conferred pursuant to paragraph D shall immediately furnish the Court and other counsel witha description of the exhibit or with the witness' name and address and the expected subject matter of the witness' testimony, together with the reason for the late discovery of the exhibit or witness. Use of the exhibit or witness may be allowed by the Court for good cause shown or to prevent manifest injustice. J. set by the Court on its own motion. If a pre-trial conference is set upon motion of a party, counsel shall meet and prepare a stipulation pursuant to paragraphs A and B and file the stipulation no later than5 DAYS BEFORE THE CONFERENCE. Failure to request a pre-trial conference ina timely fashion constitutes a waiver of the notice of requirement of Rule 1.200. Motions for Summary Judgment will not be heard at any pre-trial conference. T Viniane Onactiane OF Taw Drins ty calandar call eaincal far the nartiac ara Unique JucSuons Or wave: cr wo Carcuuar Cau, COunser i0r ule parues are directed to exchange and simultaneously submit to the Court appropriate memoranda with citations to legal authority in support of any unique legal questions which may reasonably be anticipated to arise during the trial. Pre-Marking Exhibits. Prior to trial, each party shall meet with and assist the clerk in marking for identification all exhibits, as directed by the clerk. K. Deposition Designations. No| later than 20 DAYS PRIOR TO CALENDAR Hipaity Suall S€iVE MS, Hi, OF WS GESignauon OF Geposiions, Oi poruons of depositions, each intends to offer as testimony in his, her or its case in chief. No later than 10 DAYS PRIOR TO CALENDAR CALL, each opposing party shall serve his, her, or its counter (or fairness") designations to portions of depositions designated, together with objections to the depositions, or portions thereof, originally designated. No later than calendar call, each party shall serve his, her or its objections to counter designations served by an opposing party. IV. MEDIATION A. All parties are required to participate in mediation. The following shall apply to mediation: 1, The appearance of counsel who will try the case and representatives of each party with full authority to enter into a complete compromise and settlement is mandatory. If insurance is involved, an adjuster with authority up to the policy limits or the most recent demand, whichever is lower, shall attend. Page 3 of 6Case No. 50-2021-CA-001896-XXXX-MB (2 2. Atleast one week prior to a scheduled mediation conference, all parties shall file with the mediator a brief, written summary of the case containing a list of issues as to each party. If an attomey or party filing the summary wishes its content to remain confidential, he/she must advise the mediator in writing when the report is filed. 3. All discussions, representations, and statements made at the mediation conference shall be privileged consistent with Florida Statutes sections 44.102 and 90.408. 4. The mediator has no power to compel or enforce a settlement agreement. If a settlement is reached, it shall be the responsibility of the attorneys or parties to reduce the agreement to writing and to comply with Florida Rule of Civil Procedure 1.730(b), unless waived. . The Plaintiff's attorney shall be responsible for scheduling mediation. The parties should agree ona mediator. If they are unable to agree, any party may apply to the Court for appointment of a mediator in cone with Rule 1.720 (f), Fla. R. Civ. P. Th Ht Notice of Mediation giving the time, place, aa date of the mediation and the mediator’s name. . Completion of mediation prior to calendar call is a prerequisite to trial. If mediation is not conducted, or if a party fails to participate in mediation, the case, at the Court's discretion, may be stricken from the trial calendar, pleadings may be stricken, and other sanctions may be imposed. Any narh: annncing madiatinn may nraceed under Elarida Rule of Civil Dracadure daly party Opposing umuiauol tay proceeu uur A 1Ollue INWe Of UV a TOCCUUe 1,700(b). V. NONCOMPLIANCE NONCOMPLIANCE WITH ANY PORTION OF THIS ORDER MAY RESULT IN THE STRIKING OF THE CASE, WITNESSES, OR EXHIBITS, OR IMPOSITION OF SUCH OTHER SANCTIONS AS ARE JUST. DONE AND ORDERED in West Palm Beach, Palm Beach County, Florida. mh, TH Ome hones MB—o827202 OUT , aige Guitm CIRCUN dge aominisrratWe ore: of Tue Cour 50-2021-CA-001896-XXXX-MB 09/27/2021 Paige Gillman Circuit Judge COPIES TO: ERIC HAYDEN No Address Available ehayden@shw-law.com acoates@shw-iaw.com Page 4 of 6Case No. 50-2021-CA-001896-XXXX-MB ERIC HAYDEN HARRISON A. JOSS TAMAR GELIN 1615 FORUM PLACE SUITE4D WEST PALM BEACH, FL 33401 1615 FORUM PLACE SUITE4D WEST PALM BEACH, FL 33401 110 SE 6TH ST SUITE 1800 FORT LAUDERDALE, FL 33301 WILLIAM D. ZOELLER 1615 FORUM PLACE SUITE4D WEST PALM BEACH, FL arAns do4ul Page 5 of 6 EHAYDEN@SHW- LAW.COM acoates@shw-law.com jdaza@shw-law.com hjoss@shw-law.com darriaga@shw-law.com FTLAUDERDALELEGAL@A LLSTATE.COM tamarsolarin@allstate.com WZOELLER@SHW- LAW.COM tcoffey@shw-law.com CK aid@stiw-iaw comCase No. 50-2021-CA-001896-XXXX-MB EXHIBIT A - CASE INFORMATION SHEET FOR CALENDAR CALL Short Style: v. , Case No: Lead Attorneys: Plaintiff; ; Phone: Defendant: Phone: Primary Case Contact!: : Phone: Anticipated Length of Trial; Date Mediated: Date Pre-Trial Stipulation filed Jury Instructions ready: Yes/No Any non-compliance with pre-trial order: Yes/No -if yes, what Outstanding Motions: Yes/No If yes, already set for hearing: Yes/No Pid, Mowdis: Tite ieeded: Time requested for voir dire, if more than one hour per side: Number of jurors: Trial Conflicts (Plaintiff and Defendant): *The Court will only recognize the following conflicts: Pre-Paid vacations, Personal Conflicts Week I: Week 2: Week 3: Week 4: Week 5 (if applicable): Other matters for the Court: ‘Name and phone number of person (usually Plaintiff's assistant) that the Court (usually the Judicial Assistant) can contact that will pass on notice to all parties. Page 6 of 6