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Filing # 134990646 E-Filed 09/21/2021 12:11:25 PM
IN THE CIRCUIT COURT OF THE SEVENTEENTHJUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
CASE NO.. CACE21010712 DIVISION: 21 JUDGE: Singer,
Michele Towbin (21)
Johnathan Wesley
UNIFORM TRIAL ORDER
Seventeenth Judicial Circuit
ORDER FOR MANDATORY
CALENDAR CALL
Plaintiff(s) / Petitioner(s),
V
CeitainUnderwriters at Lloyd'sofLondon Subscribingto Policy Number NPHOARS000308
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.
05-09-2022 to 05-27-2022
TRIAL PERIOD COMMENCING: P This is a( 3 ) week calendar.
05-05-2022 at 10:00 AM
CALENDAR CALL:
4 DAYS X JURY NON-JURY
1
***
FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 09/21/2021 12:12:17 PM.****
I. ORDER OF TRIALS:
The order oftrials set during this Trial Period will be determined at Calendar Call. Parties are
subject to being called to commence trial during any portion ofthe above noted Trial Period.
II. TRIAL DATE:
The Courthas determined this case is ready for trial pursuant to Florida Rule of Civil Procedure
1.440. This case is set for trial before the undersigned Judge in Courtroom
15170 or Zoom: ,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 may be placed into the Seventeenth Judicial Circuit Court's
case
"Civil Trial Pool" and is subject to being called for trial before any judge. Ifplaced in 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 expected to testify at trial. Eachparty's fact witness list must include a
brief description of the substance and scope of the testimony to be elicited from such
witness. Both sides must cooperate in the scheduling of such witness depositions.
B. NO LATER THAN NINETY (90) DAYS PRIOR TO CALENDAR CALL:
Expert Witnesses:
i. At the time of disclosureof all expert witnesses, the parties shall file and serve
the and addresses of all expert witnesses to be called at trial, including
names
their complete and updated curriculum vitae, and all information regarding
expert testimony that is required by 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 taking their deposition. Both parties shall
cooperate in the scheduling of expert depositions.
ii. The parties shall also
provide answers to standard form expert interrogatories
pursuant to Fla.R.Civ.P. 1.280(b)(5). All reports or other data compiledby each
disclosed expert which is intended to be used by the expert and/or referred to
during his/her deposition testimony shall be provided electronically to the
opposing party at least 72 hours prior to 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 prior to Calendar Call.
2
VI. DISCOVERY DEADLINES:
A. NO LATER THAN SIXTY-FIVE (65) DAYS PRIOR TO CALENDAR CALL:
All final discovery must have been initiated at least sixty-five (65) days prior to Calendar
Call.
B. NO LATER THAN THIRTY (30) DAYS PRIOR TO CALENDAR CALL:
Parties must complete alldiscovery, including expert discovery in accordance with Florida
Rule of Civil Procedure 1.280(b)(5), at least thirty (30) days prior to Calendar Call.
Discoveryconductedafter this time period is strongly disfavored and will only be permitted
by order of the Court under exceptional circumstances.
C. ELECTRONICALLY STORED INFORMATION (ESI) DISCOVERY: ESI
discovery procedures are governed by Seventeenth Judicial Circuit AdministrativeOrder
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 parties or to amend pleadings shall 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, prejudice to 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. Dispositive Motions: must be filed and heard no later than forty-five (45) days before
Calendar Call.
2. Deposition Objections: objections raised in
depositions expected to be introduced at
trial must be filed and heard no later than forty-five(45) days before Calendar Call.
..
3. Expert Challenges: motions challenging an 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 prior to
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 Stipulation contemplates a single document that must be filed and
served, with a courtesy copy served on the undersignedjudge, no later than ten (10)
days prior to Calendar Call.
2. The Joint Pretrial Stipulation requires that all agreed matters be fully identifiedand any
disputed matters be specifically delineated with respect to each party.
3
3. At the time of the above noticed Calendar Call, all parties must be prepared to discuss
all items set forth in Florida Rule of Civil Procedure 1.200(b).
B. The Joint Pretrial Stipulation must contain the following in separately numbered
paragraphs:
1. Statement of the Facts: A concise, impartial statement of the facts of the case.
2. StipulatedFacts: A list ofthose facts that can be stipulated and require no proof at trial.
3. Statement of Disputed Law & Fact: A concise, impartial statement of those issues of
law and fact that are to be tried.
4. Exhibit Lists: Each party must separately list all exhibits they intend to introduce into
evidence. Each item must be listed by number and description on a separate schedule
attached to the Joint PretrialStipulation. Each exhibit must be specifically described.
Generic descriptions of exhibits are subject to being stricken. If any party objects
to the introduction of any such exhibit, such objection must be stated in the Joint
Pretrial Stipulation, setting forth the grounds with specificity. All exhibits must have
been made available to all parties for 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 displayed to all parties at
least ten (10) days before trial.
6. Witness Lists: Parties must furnish a written list containing the names and addresses of
all witnesses intendedto 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
description of 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
objects to any witness, such objection must be stated in the Joint Pretrial Stipulation,
setting forth the grounds with 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 parties must identify all agreed upon
standard instructions and all special instructions. Copies of all agreed upon jury
instructions and disputed jury instructions must be attached to the Joint Pretrial
Stipulation identifying the party that proposed the instruction, along with copies of
supporting statutory citations and/or case law.
8. Verdict Forms: If the trial is a jury trial, the jury verdict form must be designated as
"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 provide an estimate ofthe number oftrial days required
for presenting its side of the case.
12. Expert Challenges: All expert related issues involving any requests for hearings on
related evidence must be noticed and heard-or agreed to 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 things reasonable and necessary to assure the availability of witnesses
for the entire Trial Period or to otherwise preserve witness testimony for 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 requirements ofthis Uniform Trial Order cannot be waived by stipulation absent prior
approval from theCourt pursuant to written agreement between the parties.
C. This Uniform Trial Order may be tailored by the assigned Division Judge to conform to
the particularrequirements of the residentialforeclosureand complex litigation divisions.
D. At trial, there will only be one (1) official record transcribed by one (1) court reporter.
Plaintiff is responsible for arranging for a court reporter unless otherwise agreed. If a
conflict exists, the parties must resolve it among themselves prior to Calendar Call.
X. CONTINUANCES:
No continuanceswill be granted without Court Order upon written motion setting forth
good pursuant
cause AOSC20-23, Amendment 13 (May 6, 2021), and Fla. R. Gen.
to
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 relating to 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 prior to the above noticed Calendar Call.
B. NO CONTINUANCES will be granted for reasons that should have been readily
apparent to the parties when this Uniform Trial Order was issued.
C. NO CONTINUANCES will be granted if expert witnesses are unavailable because
testimony may be preserved by deposition.
D. NO CONTINUANCES will be granted for reasons relating to the failure to follow this
Uniform Trial Order.
XI. MANDATORY MEDIATION:
Mediation must commence no later than sixty (60) days prior to 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 appointed lead counsel to facilitate and schedule
the settlement conference with the mediator and all parties. The Court appoints:
MICHAEL A. FISCHLER
1000 S. ANDREWS AVENUE FORT LAUDERDAL
954-763-5778
as Mediator, unless, within thirty (30) days of this Uniform Trial Order, the parties choose a
differentMediator. Failure to attend mediation may result in sanctions.
XII. SANCTIONS:
A. All parties should 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
raising unsupported 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 immediatelynotify the Court in the event of settlement and submit a stipulation
for an Order of Dismissal. Parties shall also cancel any and all pending hearings as 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, any self-
serve
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), certifying the self-represented party was served with this Uniform
Trial Order.
DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida on
09-21-2021
CACE210107126911-:202+1hos-m--
CACE2101071209-21-2021 11:09 AA
Circuit Court Judge
If you person with a disability who needs any accommodationin order to
are a
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
Page 2 of2 than 7 days. Ifyou have a hearing or voice disability you can contact
the court through the Florida Relay Service by calling 711.
6
CHR STOPHER A. NARCHET, Emai :
CC CHR STOPHER A. NARCHET, Emai :
CHR STOPHER A. NARCHET, Emai
ChristopherAnthony Narchet, Email :
ChristopherAnthony Narchet, Email :
Lauren Levy, Emai :
Lauren Levy, Emai :
Lauren Levy, Emai :
MICHAEL A. FISCHLER, Email :
Paula Levy Parkes, Email :
Romina Mesa, Esq., Email :
The Levy Law Group, Emai :
The Levy Law Group, Emai :
The Levy Law Group, Emai :
Preview
Filing # 134990646 E-Filed 09/21/2021 12:11:25 PM IN THE CIRCUIT COURT OF THE SEVENTEENTHJUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.. CACE21010712 DIVISION: 21 JUDGE: Singer, Michele Towbin (21) Johnathan Wesley UNIFORM TRIAL ORDER Seventeenth Judicial Circuit ORDER FOR MANDATORY CALENDAR CALL Plaintiff(s) / Petitioner(s), V CeitainUnderwriters at Lloyd'sofLondon Subscribingto Policy Number NPHOARS000308 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. 05-09-2022 to 05-27-2022 TRIAL PERIOD COMMENCING: P This is a( 3 ) week calendar. 05-05-2022 at 10:00 AM CALENDAR CALL: 4 DAYS X JURY NON-JURY 1 *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 09/21/2021 12:12:17 PM.**** I. ORDER OF TRIALS: The order oftrials set during this Trial Period will be determined at Calendar Call. Parties are subject to being called to commence trial during any portion ofthe above noted Trial Period. II. TRIAL DATE: The Courthas determined this case is ready for trial pursuant to Florida Rule of Civil Procedure 1.440. This case is set for trial before the undersigned Judge in Courtroom 15170 or Zoom: ,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 may be placed into the Seventeenth Judicial Circuit Court's case "Civil Trial Pool" and is subject to being called for trial before any judge. Ifplaced in 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 expected to testify at trial. Eachparty's fact witness list must include a brief description of the substance and scope of the testimony to be elicited from such witness. Both sides must cooperate in the scheduling of such witness depositions. B. NO LATER THAN NINETY (90) DAYS PRIOR TO CALENDAR CALL: Expert Witnesses: i. At the time of disclosureof all expert witnesses, the parties shall file and serve the and addresses of all expert witnesses to be called at trial, including names their complete and updated curriculum vitae, and all information regarding expert testimony that is required by 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 taking their deposition. Both parties shall cooperate in the scheduling of expert depositions. ii. The parties shall also provide answers to standard form expert interrogatories pursuant to Fla.R.Civ.P. 1.280(b)(5). All reports or other data compiledby each disclosed expert which is intended to be used by the expert and/or referred to during his/her deposition testimony shall be provided electronically to the opposing party at least 72 hours prior to 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 prior to Calendar Call. 2 VI. DISCOVERY DEADLINES: A. NO LATER THAN SIXTY-FIVE (65) DAYS PRIOR TO CALENDAR CALL: All final discovery must have been initiated at least sixty-five (65) days prior to Calendar Call. B. NO LATER THAN THIRTY (30) DAYS PRIOR TO CALENDAR CALL: Parties must complete alldiscovery, including expert discovery in accordance with Florida Rule of Civil Procedure 1.280(b)(5), at least thirty (30) days prior to Calendar Call. Discoveryconductedafter this time period is strongly disfavored and will only be permitted by order of the Court under exceptional circumstances. C. ELECTRONICALLY STORED INFORMATION (ESI) DISCOVERY: ESI discovery procedures are governed by Seventeenth Judicial Circuit AdministrativeOrder 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 parties or to amend pleadings shall 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, prejudice to 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. Dispositive Motions: must be filed and heard no later than forty-five (45) days before Calendar Call. 2. Deposition Objections: objections raised in depositions expected to be introduced at trial must be filed and heard no later than forty-five(45) days before Calendar Call. .. 3. Expert Challenges: motions challenging an 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 prior to 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 Stipulation contemplates a single document that must be filed and served, with a courtesy copy served on the undersignedjudge, no later than ten (10) days prior to Calendar Call. 2. The Joint Pretrial Stipulation requires that all agreed matters be fully identifiedand any disputed matters be specifically delineated with respect to each party. 3 3. At the time of the above noticed Calendar Call, all parties must be prepared to discuss all items set forth in Florida Rule of Civil Procedure 1.200(b). B. The Joint Pretrial Stipulation must contain the following in separately numbered paragraphs: 1. Statement of the Facts: A concise, impartial statement of the facts of the case. 2. StipulatedFacts: A list ofthose facts that can be stipulated and require no proof at trial. 3. Statement of Disputed Law & Fact: A concise, impartial statement of those issues of law and fact that are to be tried. 4. Exhibit Lists: Each party must separately list all exhibits they intend to introduce into evidence. Each item must be listed by number and description on a separate schedule attached to the Joint PretrialStipulation. Each exhibit must be specifically described. Generic descriptions of exhibits are subject to being stricken. If any party objects to the introduction of any such exhibit, such objection must be stated in the Joint Pretrial Stipulation, setting forth the grounds with specificity. All exhibits must have been made available to all parties for 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 displayed to all parties at least ten (10) days before trial. 6. Witness Lists: Parties must furnish a written list containing the names and addresses of all witnesses intendedto 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 description of 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 objects to any witness, such objection must be stated in the Joint Pretrial Stipulation, setting forth the grounds with 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 parties must identify all agreed upon standard instructions and all special instructions. Copies of all agreed upon jury instructions and disputed jury instructions must be attached to the Joint Pretrial Stipulation identifying the party that proposed the instruction, along with copies of supporting statutory citations and/or case law. 8. Verdict Forms: If the trial is a jury trial, the jury verdict form must be designated as "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 provide an estimate ofthe number oftrial days required for presenting its side of the case. 12. Expert Challenges: All expert related issues involving any requests for hearings on related evidence must be noticed and heard-or agreed to 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 things reasonable and necessary to assure the availability of witnesses for the entire Trial Period or to otherwise preserve witness testimony for 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 requirements ofthis Uniform Trial Order cannot be waived by stipulation absent prior approval from theCourt pursuant to written agreement between the parties. C. This Uniform Trial Order may be tailored by the assigned Division Judge to conform to the particularrequirements of the residentialforeclosureand complex litigation divisions. D. At trial, there will only be one (1) official record transcribed by one (1) court reporter. Plaintiff is responsible for arranging for a court reporter unless otherwise agreed. If a conflict exists, the parties must resolve it among themselves prior to Calendar Call. X. CONTINUANCES: No continuanceswill be granted without Court Order upon written motion setting forth good pursuant cause AOSC20-23, Amendment 13 (May 6, 2021), and Fla. R. Gen. to 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 relating to 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 prior to the above noticed Calendar Call. B. NO CONTINUANCES will be granted for reasons that should have been readily apparent to the parties when this Uniform Trial Order was issued. C. NO CONTINUANCES will be granted if expert witnesses are unavailable because testimony may be preserved by deposition. D. NO CONTINUANCES will be granted for reasons relating to the failure to follow this Uniform Trial Order. XI. MANDATORY MEDIATION: Mediation must commence no later than sixty (60) days prior to 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 appointed lead counsel to facilitate and schedule the settlement conference with the mediator and all parties. The Court appoints: MICHAEL A. FISCHLER 1000 S. ANDREWS AVENUE FORT LAUDERDAL 954-763-5778 as Mediator, unless, within thirty (30) days of this Uniform Trial Order, the parties choose a differentMediator. Failure to attend mediation may result in sanctions. XII. SANCTIONS: A. All parties should 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 raising unsupported 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 immediatelynotify the Court in the event of settlement and submit a stipulation for an Order of Dismissal. Parties shall also cancel any and all pending hearings as 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, any self- serve 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), certifying the self-represented party was served with this Uniform Trial Order. DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida on 09-21-2021 CACE210107126911-:202+1hos-m-- CACE2101071209-21-2021 11:09 AA Circuit Court Judge If you person with a disability who needs any accommodationin order to are a 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 Page 2 of2 than 7 days. Ifyou have a hearing or voice disability you can contact the court through the Florida Relay Service by calling 711. 6 CHR STOPHER A. NARCHET, Emai : CC CHR STOPHER A. NARCHET, Emai : CHR STOPHER A. NARCHET, Emai ChristopherAnthony Narchet, Email : ChristopherAnthony Narchet, Email : Lauren Levy, Emai : Lauren Levy, Emai : Lauren Levy, Emai : MICHAEL A. FISCHLER, Email : Paula Levy Parkes, Email : Romina Mesa, Esq., Email : The Levy Law Group, Emai : The Levy Law Group, Emai : The Levy Law Group, Emai :