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Filing # 116139375 E-Filed 11/04/2020 01:32:23 PM
IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT
IN AND FOR MARION COUNTY, FLORIDA
CASE NO.: 19CA002229AX
MICHAEL OWENS HERLONG,
Defendant.
/
ORDER SCHEDULING CASE MANAGEMENT CONFERENCE
AND MEDIATION ORDER
THIS CAUSE came before the Court on Plaintiffs Notice for Trial, filed on October
29, 2020. The Court reviewed the court file and is otherwise fully advised in the
premises. Therefore, it is
ORDERED and ADJUDGED as follows:
1. A Case Management Conference shall be held on Wednesday, March 3,
2021 at 9:00 a.m., before the undersigned Judge, at the Marion County Judicial
Center, 110 NW First Avenue, Courtroom 3A, Ocala, Florida. Counsel may appear by
telephone via CourtCall!.
2. However, no later than five (5) calendar days prior to the scheduled
hearing date, and after reviewing the attached 2021 Pre-Trial and Trial Schedule, the
Parties may file a stipulation regarding the desired trial term and submit a copy to the
Court via email at cmatthews@circuit5.org. Upon receipt of this stipulation, and
subject to Court approval of the proposed trial date, a Pretrial and Trial Order will issue
and the hearing will be cancelled.
' CourtCall may be reached at 888-882-6878. You must contact them at least 1 day prior to the hearing
date to set up your telephonic appearance. No motion is required for CourtCall appearances.
Electronically Filed Marion Case # 19caoo22b88¢ 1842020 01:32:23 PMIT IS FURTHER ORDERED that, in accordance with the Florida Rules of Civil
Procedure 1.700-1.730 (2013), this case is hereby referred to mediation. The mediation
shall take place prior to any scheduled Pretrial Conference.
1. The parties shall immediately confer to select a mediator and to agree on
the date, time and location of the mediation conference. Plaintiff shall have ten (10)
days from the date of this order to file a “Notice of Mediation Conference” with the clerk,
indicating the date/time of the mediation and the selected mediator.
2. It is preferred the parties agree upon the selection of a mediator. If the
parties are unable to agree on a mediator, Plaintiffs counsel shall submit a proposed
order (with appropriate blanks) and a mediator will be selected by the Court from a list
of certified mediators maintained by the Court Administrator's Office.
3. THE GENERAL RULES GOVERNING MEDIATION ARE AS FOLLOWS:
a. The PERSONAL APPEARANCE of the parties and their trial counsel is
MANDATORY unless leave to appear telephonically, or through video
conference, is granted by the Court prior to mediation. Parties who
are corporate entities must designate a management representative
with full authority to enter into a full and complete compromise and
settlement, who will appear IN PERSON at mediation. An insured
party must have a fully authorized representative (not the attorney)
of the insurance company attend the mediation conference.
b. The Court will impose sanctions, including attorney fees and
mediation costs, against any party who fails to attend IN PERSON or
participate in good-faith settlement negotiations.
The parties shall devote such time as is necessary to settle or until
an impasse is declared by the mediator.
Page 2 of 4c. The parties shall adhere to any/all instructions of the designated
mediator regarding presenting summations to the mediator prior to
the scheduled mediation.
d. All communications, discussions, representations and statements
made at the conference shall be privileged settlement negotiations
and nothing related to the conference shall be discoverable or
admissible at trial.
e. The parties are advised that nothing in this Order shall be
construed as a continuance of any matter in this case.
4. The mediator shall be compensated at the rate of no more than $325.00
per hour, or such other amount as agreed to by all parties for each hour of mediation,
which cost shall be borne equally by the parties unless otherwise ordered.
5. The parties are advised that any mediation completed _more than one
calendar year fromthe date of a scheduled pretrial conference shall no longer be
considered as _a_ valid mediation and the parties will be required to attend another
mediation prior to this court assigning a trial date.
DONE and ORDERED on this $ day of November, 2020, in Ocala, Marion
County, Florida.
Len er
ROBERT W. HOD
Circuit Court Jude
Page 3 of 4CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true copy hereof has been furnished by U.S. Mail or
electronic mail on this __«<4 day of November, 2020 to all counsel of record.
oo
Vag ta AY kta inte
Carolyn A. Matthews
Judicial Assistant
If you are a person with a disability who needs any accommodation in
order to participate in this proceeding, you are entitled, at no cost to you, to the
provision of certain assistance. Please contact ADA Coordinator, Marion
County Judicial Center, 110 N.W. 1 Avenue, Ocala, Florida 34475 or (352)
401-6710 at least 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.
Page 4 of 4Judge Robert W. Hodges
Amended 2021 Pretrial & Trial Schedule
PRETRIAL
TRIAL TERM
November 17, 2020
January 25 - 29, 2021
January 5, 2021
February 22 - 26, 2021
February 2, 2021
March 22 — 26, 2021
March 2, 2021 April 19 — 30, 2021
April 6, 2021 May 24 — 28, 2021
May 4, 2021 June 21 - July 2, 2021
June 8, 2021 July 26 —- 30, 2021
July 6,2024 August23—September3,
Docket Full
August 3, 2021
September 20 — 24, 2021
September 9, 2021
October 18 — 29, 2021
October 5, 2021
November 29 — December 3,
2021
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Filing # 116139375 E-Filed 11/04/2020 01:32:23 PM IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR MARION COUNTY, FLORIDA CASE NO.: 19CA002229AX MICHAEL OWENS HERLONG, Defendant. / ORDER SCHEDULING CASE MANAGEMENT CONFERENCE AND MEDIATION ORDER THIS CAUSE came before the Court on Plaintiffs Notice for Trial, filed on October 29, 2020. The Court reviewed the court file and is otherwise fully advised in the premises. Therefore, it is ORDERED and ADJUDGED as follows: 1. A Case Management Conference shall be held on Wednesday, March 3, 2021 at 9:00 a.m., before the undersigned Judge, at the Marion County Judicial Center, 110 NW First Avenue, Courtroom 3A, Ocala, Florida. Counsel may appear by telephone via CourtCall!. 2. However, no later than five (5) calendar days prior to the scheduled hearing date, and after reviewing the attached 2021 Pre-Trial and Trial Schedule, the Parties may file a stipulation regarding the desired trial term and submit a copy to the Court via email at cmatthews@circuit5.org. Upon receipt of this stipulation, and subject to Court approval of the proposed trial date, a Pretrial and Trial Order will issue and the hearing will be cancelled. ' CourtCall may be reached at 888-882-6878. You must contact them at least 1 day prior to the hearing date to set up your telephonic appearance. No motion is required for CourtCall appearances. Electronically Filed Marion Case # 19caoo22b88¢ 1842020 01:32:23 PMIT IS FURTHER ORDERED that, in accordance with the Florida Rules of Civil Procedure 1.700-1.730 (2013), this case is hereby referred to mediation. The mediation shall take place prior to any scheduled Pretrial Conference. 1. The parties shall immediately confer to select a mediator and to agree on the date, time and location of the mediation conference. Plaintiff shall have ten (10) days from the date of this order to file a “Notice of Mediation Conference” with the clerk, indicating the date/time of the mediation and the selected mediator. 2. It is preferred the parties agree upon the selection of a mediator. If the parties are unable to agree on a mediator, Plaintiffs counsel shall submit a proposed order (with appropriate blanks) and a mediator will be selected by the Court from a list of certified mediators maintained by the Court Administrator's Office. 3. THE GENERAL RULES GOVERNING MEDIATION ARE AS FOLLOWS: a. The PERSONAL APPEARANCE of the parties and their trial counsel is MANDATORY unless leave to appear telephonically, or through video conference, is granted by the Court prior to mediation. Parties who are corporate entities must designate a management representative with full authority to enter into a full and complete compromise and settlement, who will appear IN PERSON at mediation. An insured party must have a fully authorized representative (not the attorney) of the insurance company attend the mediation conference. b. The Court will impose sanctions, including attorney fees and mediation costs, against any party who fails to attend IN PERSON or participate in good-faith settlement negotiations. The parties shall devote such time as is necessary to settle or until an impasse is declared by the mediator. Page 2 of 4c. The parties shall adhere to any/all instructions of the designated mediator regarding presenting summations to the mediator prior to the scheduled mediation. d. All communications, discussions, representations and statements made at the conference shall be privileged settlement negotiations and nothing related to the conference shall be discoverable or admissible at trial. e. The parties are advised that nothing in this Order shall be construed as a continuance of any matter in this case. 4. The mediator shall be compensated at the rate of no more than $325.00 per hour, or such other amount as agreed to by all parties for each hour of mediation, which cost shall be borne equally by the parties unless otherwise ordered. 5. The parties are advised that any mediation completed _more than one calendar year fromthe date of a scheduled pretrial conference shall no longer be considered as _a_ valid mediation and the parties will be required to attend another mediation prior to this court assigning a trial date. DONE and ORDERED on this $ day of November, 2020, in Ocala, Marion County, Florida. Len er ROBERT W. HOD Circuit Court Jude Page 3 of 4CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy hereof has been furnished by U.S. Mail or electronic mail on this __«<4 day of November, 2020 to all counsel of record. oo Vag ta AY kta inte Carolyn A. Matthews Judicial Assistant If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact ADA Coordinator, Marion County Judicial Center, 110 N.W. 1 Avenue, Ocala, Florida 34475 or (352) 401-6710 at least 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. Page 4 of 4Judge Robert W. Hodges Amended 2021 Pretrial & Trial Schedule PRETRIAL TRIAL TERM November 17, 2020 January 25 - 29, 2021 January 5, 2021 February 22 - 26, 2021 February 2, 2021 March 22 — 26, 2021 March 2, 2021 April 19 — 30, 2021 April 6, 2021 May 24 — 28, 2021 May 4, 2021 June 21 - July 2, 2021 June 8, 2021 July 26 —- 30, 2021 July 6,2024 August23—September3, Docket Full August 3, 2021 September 20 — 24, 2021 September 9, 2021 October 18 — 29, 2021 October 5, 2021 November 29 — December 3, 2021