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Filing # 141782609 E-Filed 01/11/2022 03:26:33 PM
IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
CIRCUIT CIVIL DIVISION: AJ
CASE NO.:50-2021-CA-004849-XXXX-MB
DANIELA PASTORE,
IVO TEIXEIRA,
Plaintiff/P etitioners
vs.
PROGRESSIVE PROPERTY INSURANCE COMPANY,
Defendant/Respondent.
/
ORD GJ I
DIRECTING PRETRIAL AND MEDIATION PROCEDURES
I. SCHEDULING
This action is set for Jury trial on docket BEGINNING SEPTEMBER 6, 2022 AND
ENDING ON OCTOBER 28, 2022. E-CALENDAR CALL is set for August 26,
2022. The 8- Week Docket will be posted on the Court's website (15thcircuit.com)
on that date. The case will be on call all 8-weeks of the docket. All notices of
unavailability/conflict (pre-paid vacation/special set trial settings only) must be filed
and provided te the Court ten (10) davs prior to E-Calendar Call to be considered
in setting matters on the docket. Pursuant to the Notice for Jury Trial, the Court has
reserved FOUR (4) DAYS for the trial.
Il. UNIFORM PRETRIAL PROCEDURE
*The asterisk (*) denotes a change in the Uniform Pretrial Procedure.
A. On the last business day no later than30 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. Onthe last business day no later than20 DAYS PRIOR TO CALENDAR CALL.
the parties shall exchange lists of names and addresses of all rebuttal witnesses.
C. 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.
2.
the subject matter about which the expert is expected to testify;
the substance of the facts and opinions to which the expert is expected to
testify;
3. a summary of the grounds for cach opinion;
4.
. acopy of the expert's curriculum vitae.
a conv of anv written renorts issued bv the exnert regarding this case:
Ee ee Te epee TOG area mae CBSE;
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D. On the last business day no later than20 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, PRETRIAL STIPULATIONS MUST BE FILED. 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 with the Clerk no later than20 DAYS PRIOR TO
CALENDAR CALL. UNILATERAL 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
d naracranhs:
GO pare erapas.
1. a list of all pending motions, including MOTIONS IN LIMINE and
DAUBERT MOTIONS requiring action by the Court and the dates those
motions are set for hearing (MOTIONS IN LIMINE and DAUBERT.
HEARINGS shall not be heard the day of the trial or thereafter).
2. stipulated facts which require no proof at trial which may be read to the trier
af Lane
O1 1acy,
3. a statement 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 attached to the Stipulation;
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;
. a Statement of estimaied iriai time;
. names of attorneys to try case; and
. number of peremptory challenges per party.
ons.
F. FILING OF PRE-TRIAL STIPULATION. 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.
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 objections 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 with a description of the exhibit or with the
witness' name and address and the expected subject matter of the witness’ testimony,
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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.
H. DISCOVERY. Unless otherwise agreed in the Pre-Trial Stipulation, all discovery
must be completed no later than 10 DAYS BEFORE THE DATE SET FOR E-
CALENDAR CALL, absent agreement for later discovery specifically stated in
the Pre-Trial Stipulation or for other good cause shown.
I, PRE-TRIAL CONFERENCE. No pre-trial conference pursuant to Fla. R. Civ. P.
1200 is 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 io paragrapns
D and E and file the stipulation no later thanS DAYS BEFORE THE
CONFERENCE. Failure to request a pre-trial conference in a timely fashion
constitutes a waiver of the notice of requirement of Rule 1200. Motions for
Summary Judgment will not be heard at any pre-trial conference.
J. UNIQUE QUESTIONS OF LAW. Prior to calendar call, counsel for the parties
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.
K. MODIFICATION TO UNIFORM PRE-TRIAL PROCEDURE. Upon written
stipulation of the parties filed with the court, the Pre-Trial Procedure, except for
items II D-F, inclusive, may be modified in accordance with the parties' stipulation,
except to the extent that the stipulation may interfere with the Court's scheduling of
the matter for trial or hinder the orderly progress of the trial.
L. PRE-MARKING EXHIBITS. Prior to trial, each party shall contact clerk for pre-
marking instructions (561) 355-2986.
M. DEPOSITION DESIGNATIONS. No later than20_ DAYS PRIOR TO
CALENDAR CALL, each party shall serve his, her, or its designation of
depositions, or portions 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 “faimess") 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, See the Court's Standing Order on Trial and Trial Preparation Procedure:
nder MARX's fori nd order:
Il. MEDIATION
A. All parties are required to participate in 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.
2. At least ONE WEEK BEFORE THE CONFERENCE, all parties shall
file with the mediator a brief, written summary of the case containing a list of
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issues as to each party. If an attorney 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.
B. The Plaintiff's attorney shall be responsible for scheduling mediation. The parties
should agree on a mediator. If they are unable to agree, any party may apply to the
Court for appointment of a mediator in conformity with Rule 1.720 (f), Fla. R. Civ. P.
The lead attorney or party shall file and serve on all parties and the mediator a
Notice of Mediation giving the time, place, and date of the mediation and the
nan 2 paid RI >
agreed by the parties.
C. 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.
D. Any party opposing mediation may proceed under Florida Rule of Civil Procedure
1.700(b).
IV. 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.
NOTE: In accordance with the 15th Judicial Circuit's Administrative Order 2.310-4/13,
please ensure thatprimary and secondary email addresses are registered with Court
Administration at www. 1 Sthcircuit.com/onlineservices. The filing of an email designation with the
Clerk's Office is NOT a registration with Court Administration for judicial e-service of orders. If
you do not register with the 15th Circuit as set forth above, your e-service address will auto-
populate with your Florida Bar e-mail address and may result in orders going to e-mail addresses
which are not fraanently checked ar are no langer in nee
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In accordance with Administrative Order 2.311-2/13, when an attorney is no longer counsel
of record on a case, the attorney must update his or her primary and secondary email addresses
with the Clerk of Court. (See exhibits attached to A.O. 2.311.)
DONE AND ORDERED in Chambers, at West Palm Beach, Palm Beach County,
Florida.
No.
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50-2021-CA-004849-XXXX-MB 01/11/2022
Joseph Marx
Circuit Judge
COPIES TO:
JOSEPH G. MURASKO ESQ 3230 WEST COMMERCIAL PGRHOMEFTLAUDERDALE
BLVD. @PROGRESSIVE.COM
STE. 400 jnurask1@progressive.com
FORT LAUDERDALE, FL __ fdavilal@progressive.com
33309 joseph_g_murasko@progressiv
e.com
SHAMIEKA CAROLINE 4600 SHERIDAN ST cdonawa@fiplg.com
JOY DONAWA ESQ SUITE 303 eservice@finle com
HOLLYWOOD, FL 33021 djohnson@flplg.com
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E-CALENDAR CALL
FOR THE TRIAL PERIOD OF SEPTEMBER 6, 2022 THROUGH OCTOBER 28,
2022
AFTER COUNSEL FOR ALL PARTIES HAVE CONFERRED, PLAINTIFF'S
COUNSEL SHALL COMPLETE THIS FORM WITH ALL INFORMATION
REQUESTED (INCLUDING CONFLICTS FOR ALL COUNSEL OF RECORD).
ONCE COMPLETED, IT MUST BE E-MAILED TO CAD-
DIVISIONAJ@PBCGOV.ORG BY AUGUST 15, 2022.
CASE NAME:
CASE NUMBER:
PLAINTIFF'S TR
Name:
Email:
DEFENDANT'S TRIAL COUNSEL CONTACT INFORMATION:
Name: Phone:
Email:
NUMBER OF DAYS/HOURS REQUESTED FOR TRIAL/HEARING:
DATE PRE-TRIAL STIPULATION WAS FILED:
DATE MEDIATION CONFERENCE WAS CONDUCTED:
DATES AND SPECIFIC NATURE OF CONFLICTS DURING TRIAL DOCKET*:
ET en Cred etl neler dan fal oe fl al wat tuiada falanca te dinnta Hoa Anta
ane UUure Win ony recognize the following conpucis. speciad SEL tad (PLEUdE WnWICaLEe Ine GUL
and length of trial, the case number, and the Judge presiding over the trial) and Pre-Paid
vacations. All conflicts must indicate the date and reason for the conflict listed.
PREFERRED TRIAL WEEKS**:
**The preferred trial weeks are not necessarily the weeks you will be set for trial. The court will
try to accommodate those requests but the case may still be set for trial during the other weeks of
ine docket. The more dates you provide ine greaier Chance of accommoaanon, THe Court Will
post the trial calendar on the DIVISION AJ website on the E-Calendar Date. EACH
CASE WILL BE ON CALL FOR THOSE WEEKS AS INDICATED ON WEBSITE'S
POSTED TRIAL DOCKET
EXHIBIT "A"
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