On June 30, 2021 a
Order
was filed
involving a dispute between
Shaluly, Marie,
Shaluly, Michael,
and
Certain Underwriters At Lloyds,
Certain Underwriters At Lloyds London Servicing Policy Number B1136P0009518,
for CONTRACTS AND INDEBTEDNESS - CIRCUIT
in the District Court of Pinellas County.
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IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PASCO AND PINELLAS COUNTIES, FLORIDA
MICHAEL SHALULY AND MARIE SHALULY
Case No. 21-003223-CI
Plaintiff(s),
vs. _______________________
CERTAIN UNDERWRITERS AT LLOYDS, LONDON SERVICING POLICY NUMBER B1136P0009518
______________________________
Defendant(s),
_________________________________/
AGREED MANDATORY CIVIL CASE MANAGEMENT ORDER
The Florida Supreme Court has mandated the issuance of case management orders in
certain civil actions pending in the trial courts. The parties to this action have reviewed
AOSC20-23 and its amendments and acknowledge the requirements cited therein. They have
thereafter consulted and conferred in an effort to agree upon an order that addresses the mandatory
deadlines in the administrative orders and moves the cause to a timely disposition as soon as
reasonably possible in conformity with the Florida Rules of General Practice and Judicial
Administration. This order contains those agreed provisions.
Case Category
This cause is a civil case (as defined in footnote 13 of A0SC20-23) that is governed by the
Florida Rules of Civil Procedure. It is not a complex case subject to Rule 1.201 and is presently in
one of the following categories:
_____
X A “General Civil Case” which may require a jury trial for final disposition.
_____ A “Streamlined Civil Case” which will be a non-jury case tried before a judge.
Prior Case Management or Pretrial Orders
The purpose of this mandatory case management order is for the presiding judge to actively
manage the cases and control the progress of the matter. If there has been a prior case management
or pretrial order in this case such order(s) may satisfy this requirement.
_____
X There is not a prior order.
_____ There is a prior order but the deadlines and dates require further update in light of
AOSC20-23. Such revised deadlines and dates are indicated in the paragraphs
below.
_____ There has been a prior order that included all the required deadlines and dates. No
updates or further deadlines are needed to comply with A0SC20-23. That order
was entered on _______________ (date). The following paragraphs restate the
dates and deadlines previously ordered therein.
Deadlines for Service of the Complaint
_____
X Service of the formal pleadings has been completed.
_____ Service has not been completed but will be made in conformity with the time limits
contained in Fla. R. Civ. Pro. 1.070(j).
Sixth Circuit Administrative Order 2021-012 – Exhibit A
1
***ELECTRONICALLY FILED 1/26/2022 4:46:02 PM KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY***
_____ The service deadlines have passed and a motion for extension was timely filed and
is still pending. The date of the hearing is _______________ (date).
_____ The service deadlines have passed and no extension was timely filed.
Deadlines for Answers
_____
X Answers to initial complaints, cross claims and counterclaims have or are expected
to be filed within 20 days of service or as otherwise permitted.
List any parties that have been defaulted ___________________________________
Deadlines for Initial Motions
_____ Motions raising lack of jurisdiction, improper venue insufficiency of process and
any other preliminary matter purporting to suspend the time to file formal answers
and defenses have been ruled upon.
_____ Such initial motions are pending but are now set for hearing on _________ (date).
Amendments to Pleadings and Additional Parties
_____ No amendments to the pleadings or additional parties are anticipated.
_____
x Such amendments may be filed and, if objected to, a hearing on the motion set as
soon as possible. It is understood that motions to amend are generally liberally
granted. However, the parties agree that the court, in determining whether to grant
such motions, shall consider the time standards in Rule 2.250 and the movant's good
faith efforts to advance the cause to a timely disposition.
_____ Any pending motions to amend or add parties have been set for _________ (date).
Deadlines for Motions after an Answer
_____
X There are no pending pretrial motions.
_____ There are pending pretrial motions that are either set for hearing or will be set in a
timely fashion so as not to delay the disposition of the case in conformity with the
time standards. It is agreed that a good faith effort to resolve such motions shall be
undertaken before setting any such motion for hearing.
Deadlines for Discovery
The parties understand that Florida’s liberal discovery rules are to be construed to secure
the just, speedy, and inexpensive determination of every action. Such discovery should be
conducted in conformity with the Rule 1.250 time standards. Those standards contemplate a
period of 18 months from filing to disposition in jury cases and 12 months from filing to disposition
in nonjury cases. To accomplish this the court concludes fact and expert witnesses should
generally be disclosed and discovery completed within 270 days of service of the complaint on the
last of all named defendants in jury cases, or within 150 days in non-jury cases. The parties have
agreed to specific discovery deadlines to move this case to resolution without delay:
_____ Discovery has been completed or is anticipated to be completed within the 270 day
or 150 day time periods described by the court above.
_____
X Disclosure of fact and expert witnesses has not been completed however the
deadlines for such disclosure are as follows: (list the disclosure deadlines in detail)
____________________________________________________________. The
Discovery deadline of 6 months prior to trial and an expert disclosure deadline of 8 months prior.
parties will use their best efforts to complete all discovery and the anticipated date
Sixth Circuit Administrative Order 2021-012 – Exhibit A
2
for completion is reasonably expected to be _________________________(date).
Scheduling Mediation or ADR
Once there has been sufficient discovery for the parties to know the strengths and weaknesses of
their respective positions in the case then alternative dispute resolution should be considered as a
way to reduce the time and expense associated with continued litigation.
_____ Mediation/ADR has already occurred and/or Mediation is not agreed to by any
party.
_____ One party feels Mediation/ADR is appropriate and will file a motion seeking a court
order.
_____ Mediation/ADR has been set for _______________ (date).
_____
X Mediation/ADR will be scheduled by the parties as soon as sufficient discovery has
been completed.
Setting a Trial Date
Rule 1.440 governs setting a trial date and requires the case to be “at issue” before a court
can enter a formal order with a firm date. However, AOSC20-23 requires the inclusion of a
“projected date of trial” in a case management order.
_____ A formal trial order has been issued and trial is now pending.
_____
X The case is at issue and can be set for trial. The parties have or will be scheduling
a noticed hearing with the presiding judge to discuss appropriate dates to set the
trial. If a hearing date has been secured provide the date: ___________________.
_____ The case is not at issue pursuant to the rule. It is anticipated that the projected date
of the trial will be _______________. (Please indicate the approximate year and
month the action could reasonably be expected to be included on the docket.)
Therefore, the undersigned accepts the above detailed agreed or previously ordered
deadlines and dates, and orders that they shall be complied with.
Done and Ordered this _____ day of _______________, 2021.
21-003223-CI 1/26/2022 4:45:57 PM
______________________________
21-003223-CI 1/26/2022 4:45:57 PM
Presiding Judge
Sixth Circuit Administrative Order 2021-012 – Exhibit A
3
Document Filed Date
January 24, 2022
Case Filing Date
June 30, 2021
Category
CONTRACTS AND INDEBTEDNESS - CIRCUIT
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IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PASCO AND PINELLAS COUNTIES, FLORIDA MICHAEL SHALULY AND MARIE SHALULY Case No. 21-003223-CI Plaintiff(s), vs. _______________________ CERTAIN UNDERWRITERS AT LLOYDS, LONDON SERVICING POLICY NUMBER B1136P0009518 ______________________________ Defendant(s), _________________________________/ AGREED MANDATORY CIVIL CASE MANAGEMENT ORDER The Florida Supreme Court has mandated the issuance of case management orders in certain civil actions pending in the trial courts. The parties to this action have reviewed AOSC20-23 and its amendments and acknowledge the requirements cited therein. They have thereafter consulted and conferred in an effort to agree upon an order that addresses the mandatory deadlines in the administrative orders and moves the cause to a timely disposition as soon as reasonably possible in conformity with the Florida Rules of General Practice and Judicial Administration. This order contains those agreed provisions. Case Category This cause is a civil case (as defined in footnote 13 of A0SC20-23) that is governed by the Florida Rules of Civil Procedure. It is not a complex case subject to Rule 1.201 and is presently in one of the following categories: _____ X A “General Civil Case” which may require a jury trial for final disposition. _____ A “Streamlined Civil Case” which will be a non-jury case tried before a judge. Prior Case Management or Pretrial Orders The purpose of this mandatory case management order is for the presiding judge to actively manage the cases and control the progress of the matter. If there has been a prior case management or pretrial order in this case such order(s) may satisfy this requirement. _____ X There is not a prior order. _____ There is a prior order but the deadlines and dates require further update in light of AOSC20-23. Such revised deadlines and dates are indicated in the paragraphs below. _____ There has been a prior order that included all the required deadlines and dates. No updates or further deadlines are needed to comply with A0SC20-23. That order was entered on _______________ (date). The following paragraphs restate the dates and deadlines previously ordered therein. Deadlines for Service of the Complaint _____ X Service of the formal pleadings has been completed. _____ Service has not been completed but will be made in conformity with the time limits contained in Fla. R. Civ. Pro. 1.070(j). Sixth Circuit Administrative Order 2021-012 – Exhibit A 1 ***ELECTRONICALLY FILED 1/26/2022 4:46:02 PM KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY*** _____ The service deadlines have passed and a motion for extension was timely filed and is still pending. The date of the hearing is _______________ (date). _____ The service deadlines have passed and no extension was timely filed. Deadlines for Answers _____ X Answers to initial complaints, cross claims and counterclaims have or are expected to be filed within 20 days of service or as otherwise permitted. List any parties that have been defaulted ___________________________________ Deadlines for Initial Motions _____ Motions raising lack of jurisdiction, improper venue insufficiency of process and any other preliminary matter purporting to suspend the time to file formal answers and defenses have been ruled upon. _____ Such initial motions are pending but are now set for hearing on _________ (date). Amendments to Pleadings and Additional Parties _____ No amendments to the pleadings or additional parties are anticipated. _____ x Such amendments may be filed and, if objected to, a hearing on the motion set as soon as possible. It is understood that motions to amend are generally liberally granted. However, the parties agree that the court, in determining whether to grant such motions, shall consider the time standards in Rule 2.250 and the movant's good faith efforts to advance the cause to a timely disposition. _____ Any pending motions to amend or add parties have been set for _________ (date). Deadlines for Motions after an Answer _____ X There are no pending pretrial motions. _____ There are pending pretrial motions that are either set for hearing or will be set in a timely fashion so as not to delay the disposition of the case in conformity with the time standards. It is agreed that a good faith effort to resolve such motions shall be undertaken before setting any such motion for hearing. Deadlines for Discovery The parties understand that Florida’s liberal discovery rules are to be construed to secure the just, speedy, and inexpensive determination of every action. Such discovery should be conducted in conformity with the Rule 1.250 time standards. Those standards contemplate a period of 18 months from filing to disposition in jury cases and 12 months from filing to disposition in nonjury cases. To accomplish this the court concludes fact and expert witnesses should generally be disclosed and discovery completed within 270 days of service of the complaint on the last of all named defendants in jury cases, or within 150 days in non-jury cases. The parties have agreed to specific discovery deadlines to move this case to resolution without delay: _____ Discovery has been completed or is anticipated to be completed within the 270 day or 150 day time periods described by the court above. _____ X Disclosure of fact and expert witnesses has not been completed however the deadlines for such disclosure are as follows: (list the disclosure deadlines in detail) ____________________________________________________________. The Discovery deadline of 6 months prior to trial and an expert disclosure deadline of 8 months prior. parties will use their best efforts to complete all discovery and the anticipated date Sixth Circuit Administrative Order 2021-012 – Exhibit A 2 for completion is reasonably expected to be _________________________(date). Scheduling Mediation or ADR Once there has been sufficient discovery for the parties to know the strengths and weaknesses of their respective positions in the case then alternative dispute resolution should be considered as a way to reduce the time and expense associated with continued litigation. _____ Mediation/ADR has already occurred and/or Mediation is not agreed to by any party. _____ One party feels Mediation/ADR is appropriate and will file a motion seeking a court order. _____ Mediation/ADR has been set for _______________ (date). _____ X Mediation/ADR will be scheduled by the parties as soon as sufficient discovery has been completed. Setting a Trial Date Rule 1.440 governs setting a trial date and requires the case to be “at issue” before a court can enter a formal order with a firm date. However, AOSC20-23 requires the inclusion of a “projected date of trial” in a case management order. _____ A formal trial order has been issued and trial is now pending. _____ X The case is at issue and can be set for trial. The parties have or will be scheduling a noticed hearing with the presiding judge to discuss appropriate dates to set the trial. If a hearing date has been secured provide the date: ___________________. _____ The case is not at issue pursuant to the rule. It is anticipated that the projected date of the trial will be _______________. (Please indicate the approximate year and month the action could reasonably be expected to be included on the docket.) Therefore, the undersigned accepts the above detailed agreed or previously ordered deadlines and dates, and orders that they shall be complied with. Done and Ordered this _____ day of _______________, 2021. 21-003223-CI 1/26/2022 4:45:57 PM ______________________________ 21-003223-CI 1/26/2022 4:45:57 PM Presiding Judge Sixth Circuit Administrative Order 2021-012 – Exhibit A 3