Trial: Sage Beach Condominium Association, Inc., et al Plaintiff vs. PMG Driftwood LLC , et al Defendant

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                                Filing # 132754274 E-Filed 08/16/2021 02:32:24 PM
 IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT
 IN AND FOR BROWARD COUNTY, FLORIDA
 CASE NO. 20-17530 (07)
 COMPLEX CIVIL DIVISION
 JUDGE JACK TUTER
 SAGE BEACH CONDO ASOC., ET AL.,
 Plaintiff(s)
 VS.
 PMG DRIFTWOOD, LLC., ETAL.
 Defendant(s).
 i
 ORDER SETTING TRIAL
 PRE-TRIAL INSTRUCTIONSAND CALENDAR CALL
 THIS CAUSE IS SET FOR THE DOCKET COMMENCING
 January 18, 2022 through April 1, 2022
 Calendar Call on Wednesday November2, 2021, at 8:45 a.m.
 Courtroom 15150
 Counsel shall keep apprised of the status and progress
 of the cases in front of them on the docket.
 THIS CAUSE is set for Jury/Non-JuryTrial before JUDGE JACK TUTER in
 Courtroom 15150, Broward County Courthouse, 201 S.E. 6th Street, Fort
 Lauderdale, Florida, 33301. The time standards set forth herein are directives
 established by Florida Supreme Court Administrative Order AOSC20-23,
 Amendment 12 (April 13, 2021) and Florida Rule of General Practice and
 Judicial Administration 2.250, which have set a time frame for the completion
 of complex civil cases within twenty-four (24) months. However, the court
 recognizes that certain unique cases may have cause for reasonable delay
 beyond this time period. The parties and their counsel are on notice that due to
 the nature of the cases and the potential length of trial, cases in the Complex
 *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 08/16/2021 02:33:03 PM.****
 Civil Division are set for an approximate trial date following the completion of
 the preceding case. Counsel are ordered to monitor the progress of the
 preceding case to ensure their preparation to immediately commence trial
 when their case is called to trial. COUNSEL ARE ADVISED DUE TO THE
 LENGTH OF CASES IN THIS DIVISION ANY CIRCUIT JUDGE WHO
 BECOMES AVAILABLE MAY TRY THIS CASE. AS SUCH, EACH CASE ON
 THIS CALENDAR SHALL BE READY FOR TRIAL WHEN THE CASE IS
 CALLED. FAILURE TO BE READY WHEN THE CASE IS CALLED MAY
 RESULT
 IN
 THE
 COURT
 DISMISSING THE CASE OR
 ORDERING
 APPROPRIATE SANCTIONS.
 The following requirementsare imposed on all parties by the Court:
 '.
 NO LATER THAN NINETY (90) DAYS FROM THE DATE OF THIS ORDER - EXPERT
 WITNESS DISCLOSURE (Filed with the Clerk and served on all counsel) The parties shall
 furnish opposing counsel with the names and addresses, along with complete and updated
 curriculum vitae of all expert witnesses to be called at trial; and all information regarding
 expert testimony that is required by Fla. R. Civ. P. 1.280 (b)(4)(A); and shall furnishopposing
 counsel with two (2) alternative dates of availabilityof all expert witnesses for the purpose
 of taking their deposition. Both sides shall cooperate in the scheduling of expert depositions.
 11.
 NO LATER THAN SIXTY (60) DAYS PRIOR TO TRIAL - MEDICAL EVALUATIONS: AII
 medical evaluations and other examinations pursuant to Fla. R. Civ. P. 1.360 shall have
 been completed.
 111.
 NO LATER THAN FORTY- FIVE (45) DAYS PRIOR TO TRIAL:
 All final discovery shall
 have been initiated.
 IM.
 TEN (10) DAYS PRIOR TO TRIAL: All pretrial discovery, including discovery
 depositionsor testimony preserved by video of witnesses or experts to be used at trial
 shall have been completed. Any motions in Iimine shall be filed and served on opposing
 counsel.
 a.
 Electronically Stored Information (ESI) discovery procedures can be found in 2021-
 20-Gen, but are at all times governed by 2021-19-Civ.
 V.
 AT THE TIME OF THE ABOVE NOTICED CALENDAR CALL, the Joint Pretrial Stipulation
 must be completed and timely filed with the Clerk with a copy provided to the
 undersigned Judge. At the time of the pretrial conference/calendarcall the parties shall be
 prepared to discuss all items set forth in Fla R. Civ. P. 1.200(b).
 VI.
 THE JOINT PRETRIAL STIPULATION MUST CONTAIN IN SEPARATELY NUMBERED
 PARAGRAPHS: [A joint pretrial stipulation contemplates a single document. It
 requires that all agreed matters be fully identified, and any disputed matters be
 specifically delineated with respect to each partyl:
 1.
 Statement of the Facts: A concise, impartial statement of the facts of the case.
 2.
 Stipulated Facts: A list of those facts that can be stipulated to and require no proof
 at the trial.
 3-
 Statements of Disputed Law & Fact: Those issues of law and fact that are to be
 tried.
 4.
 Exhibit Lists: Each party shall separately list all exhibits they intend to introduce
 into evidence. Each item shall be listed by number and descriptionon a separate
 schedule attached to the stipulation. Each exhibit shall be specifically described.
 Generic descriptions of exhibits are subject to being stricken. Counsel shall initia
 each other's exhibit list and exhibits. All exhibits to be offered in evidence at tria
 shall have been made available to opposing counsel for examination and
 initialing. Only those exhibits listed and initialed may be offered in evidence. If
 any party objects to the introduction of any such exhibit, such objection must be
 stated in the stipulation, setting forth the grounds with specificity. Demonstrative
 exhibits (e.g. charts, enlargements of exhibits) to be used at a jury trial must be
 displayed to all counsel before being shown to the jury.
 5-
 Witness Lists: Parties shall attach and furnish counsel with a written list in
 alphabetical order containing the names and addressesof all witnesses ("rebuttal",
 "impeachment" or otherwise) intended to be called at trial. Only those witnesses
 listed shall be permitted to testify. All witness lists shall include a brief description
 of the substance and scope of the testimony to be elicited from such witness. All
 expert witnesses and their specialties shall be designated. If any party objects to
 any witness, such objection must be stated in the stipulation, setting forth the
 grounds with specificity. At trial, all parties shall be strictly limited to witnesses
 properly and timely disclosed.
 6.
 Jury Instructions: If the trial is a jury trial, counsel shall identify all agreed upon
 standard instructions and all special instructions. Any disputed jury instructions
 shall be attached and identified as to the party that proposed the instruction.
 Copies of all agreed upon instructions or disputed instructions shall be attached to
 the stipulation, along with copies of supporting statutory citations and/or case law.
 7.
 Verdict Forms: If the trial is a jury trial, the jury verdict form shall be attached and
 designated as agreed to or disputed.
 8.
 PeremptorvChallenges: If the trial is a jury trial, state the number of peremptory
 challenges for each party.
 9.
 Pending Motions: Set forth a list of all pending motions with copies attached to
 the pretrial stipulation. To the extent the court has time prior to commencement of
 the trial; all pending motions will be heard or set for hearing at the above noticed
 pre-trial conference. All parties shal be fully prepared to present legal argument
 for all pending motions at the pretria conference.
 10.
 Trial Estimate: Each party shall provide an estimate of the number of days of trial
 for its side.
 11.
 Daubert issues All DAUBERT related issues involving any requests for
 hearings on DAUBERT related evidence shall be noticed and heard - or
 agreed to by the parties - no later than (30) days prior to the trial period.
 FAILURE TO DO SO SHALL CONSTITUTE A WAIVER OF ANY DAUBERT
 RELATED EVIDENCE ISSUE. It is within the discretion of the Courtto remove
 any case for trial with pending DAUBERT issues.
 VII.
 NO LATER THAN TEN (10) DAYS prior to the trial period set forth above the following
 shall be completed or heard by the Court:
 1.
 Depositions to preserve testimony of any witness, including experts, shall have
 been completed;
 2. All pretrial motions, depositionsor proceedings related thereto and MOTIONS IN
 LIMINE: AII motions to exclude witnesses or evidence of other motions directed to
 the conduct of the trial for which grounds then exist must be filed and heard R[jg[
 to commencement of the trial.
 M!!L
 MOTIONS FOR SUMMARY JUDGMENT will NOT be heard at the calendar call, pretrial
 conference or at the time of trial.
 !*.
 SETTLEMENT: Counsel shall immediately notify the Court in the event of settlement and
 submit a stipulationfor and order of dismissal. Parties shall also cancel any and all pending
 hearings as a result of the settlement.
 THE PARTIES ARE CAUTIONED
 REGARDING THE FOLLOWING POLICIES OF THE COURT:
 1. The parties shall do all things reasonable and necessary to assure the availabilityof their
 witnesses for the entire trial period or to otherwise preserve their testimony for trial as
 provided by the Florida Rules of Civil Procedure. See Rules 1.300 and 1.460 Fla.R.Civ.P.
 and Rule 2.545 of the Florida Rules of General Practice and Judicial Administration.
 CONTINUANCES will only be considered on written motion prior to calendar call.
 2.
 NO CONTINUANCES will be granted for reasons that should have been readily apparent
 to counsel when the trial order was received, or due to the unavailability of expert
 witlessness, since testimony may be preserved by deposition. No continuances will be
 granted without Court Order upon written motion setting forth good cause pursuant to
 AOSC20-23, Amendment 12 (April 13, 2021) and Fla. R. Jud. Admin. 2.545(e). All
 motions seeking a continuance must comply with Fla. R. Civ. P. 1.460 and Fla. R. Jud.
 Adm. 2.545. Continuances requested for reasons relating to failure to follow this Order
 will not be granted. ALL EXPERT TESTIMONY SHALL BE PRESERVED FOR USE AT
 TRIAL.
 UNAVAILABILITY
 OF
 EXPERTS
 SHALL
 NOT
 BE
 GROUNDS
 FOR
 CONTINUANCE OR DELAY OF THE TRIAL. Continuances requested for reasons
 relating to failure to follow this Order will not be granted.
 3. The parties and counsel should be familiar with Fla.R.Civ.P 1.380 regarding "Failure to
 Make Discovery Sanctions", and, Fla. Stat.,§57.105, entitled "Attorney's Fee; sanctions
 for raising unsupported claims or defenses; service of motions; damages for delay of
 litigation." The court may impose sanctions for failure to comply with the requirementsof
 this pretrial order including dismissal of the action.
 4. FAILURE TO ATTEND, FAILURE TO FOLLOW TIME REQUIREMENTS OR FILE
 DOCUMENTS REQUIRED BY THIS COURT MAY RESULT IN THE DISMISSAL OF
 THE ACTION OR THE IMPOSITION OF SANCTIONS INCLUDING STRIKING OF THE
 PLEADINGS.
 5.
 MEDIATION IS MANDATORY: Mediation shall commence no later than (60) days prior
 to calendar call. The parties shall comply with Fla. R. Civ. P. 1.700, 1.710, 1.720, and
 1.730 as to the conduct of mediation. Plaintiffs counsel is appointed lead counsel to
 facilitate and schedule the settlement conference with the mediator and all parties. The
 parties are free to agree to a mediatoror submit three names to the court for appointment.
 6. At trial, there will only be one official record transcribed by one court reporter. Plaintiff
 shall be responsiblefor arranging for a court reporter unless otherwise agreed. If a conflict
 exists, the parties must resolve such conflict among themselves prior to trial.
 7. Counsel for the Plaintiff or any Plaintiff who is self-represented shall be responsible for
 making sure all counsel or any self-represented party is served a copy of this order in
 accordance with the Florida Rules of General Practice and Judicial Administration and
 Florida Rules of Civil Procedure.
 DONE AND ORDERED at Fort Lauderdale, Florida, this 16h day of August,
 2021.
 JACK TUTER
 CIRCUIT COURT JUDGE
 COMPLEX CIVIL DIVISION
 Copies furnished to counsel of record :
 If you are a person with a disabilitywho needs any accommodationin 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, 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
 receiving this notification if the time before the scheduled appearance is less
 than 7 days; if you are hearing or voice impaired, call 711.




 Copies Furnished to:
 Christal Rene Tomac, Address :
 Christal Rene Tomac, Address :
 Christal Rene Tomac, Address :
 Dulce Suarez, Address :
 Elijah C Waring Jr., Address :
 Elijah C Waring Jr., Address :
 Elijah C Waring Jr., Address :
 Elizabeth M White, Address :
 Elizabeth M White, Address :
 Elizabeth M White, Address :
 Gabriel Z Coelho, Address :
 Gabriel Z Coelho, Address :
 Gabriel Z Coelho, Address :
 Gabriel Z. Coelho, Address :
 Gabriel Z. Coelho, Address :
 Jeremy C. Daniels, Address :
 Jeremy C. Daniels, Address :
 Jeremy C. Daniels, Address :
 Josephine Jorgensen, Address : jorgensen@haber.law
 Josephine Jorgensen, Address : rgreaves@haber.law
 Josephine Jorgensen, Address : service@haber.law
 Josh M. Rubens, Address :
 Leslie V Marenco, Address :
 Leslie V Marenco, Address :
 Leslie V Marenco, Address :
 Manuel Alejandro Rodriguez, Address :
 Manuel Alejandro Rodriguez, Address :
 Manuel Alejandro Rodriguez, Address : mannyar@gmail.corn
 Robert L. Newsom, Address :
 Robert L. Newsom, Address :
 Ryan M. Charlson, Address :
 Ryan M. Charlson, Address :
 Sanaz Alempour, Address :
 Sanaz Alempour, Address :
 Sanaz Alempour, Address :
 Scott Buscemi, Address :