Preview
Filing # 137468976 E-Filed 10/28/2021 01:54:11 PM
IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
CIRCUIT CIVIL DIVISION
CASE NO.: 2018-034416-CA-01
SECTION: CA10
Yvette Bonheur (Guardian) et al
Plaintiff(s), ZOOM/VIRTUAL
UNIFORM ORDER SETTING CAUSE
vs. FOR NON-JURY TRIAL, MEDIATION
AND PRE-TRIAL INSTRUCTIONS
Florida Power & Light Company et al
Defendant(s)
______________________________________/
THIS CAUSE is set for Non-Jury Trial before the undersigned Judge in
Virtual Courtroom, for the ____ 3 week period, commencing
________________________________,
11-07-2022 or as soon thereafter as the same may be heard.
Virtual Court is held remotely on the Zoom platform. You will receive an email from the Court
with the information you need to connect to your event by video or phone if you are on the E-
Filing Portal service list. If you do not receive an email, check the judge’s webpage for the
Zoom link to their virtual courtroom or further instructions. You may also register for text
notification via link https://cmap.jud11.flcourts.org/ebench/textNotificationsRegistration.jsp.
IT IS THE RESPONSIBILITY OF THE SCHEDULER TO PROVIDE TIMELY NOTICE OF
THE ZOOM MEETING DETAILS TO ANY PARTY NOT REGISTERED ON THE E-
FILING SERVICE PORTAL.
ALL ATTORNEYS, are directed to appear before the undersigned Judge, at the Dade
10-31-2022 at 11:00 AM
County Courthouse, for Call of the Calendar on _____________________ . All attorneys
should be thoroughly familiar with the cause and prepared to consider and determine such
matters as are set forth in Rule 1.200(b). Failure to appear as directed or to otherwise strictly
comply with the terms of this Order may result in sanctions including, dismissing the action,
striking the pleadings, limiting proof or witnesses or taking any other appropriate action. It is
further
ORDERED AND ADJUDGED as follows:
1. The parties shall do all things reasonable and necessary to assure the availability of 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 F.R.Civ.P. and Rule 2.085
of the Rules of Judicial Administration.
2. The following shall be done no later than forty-five (45) days prior to the Monday of
the trial period set forth above:
(a) Parties shall furnish opposing counsel with a written list containing the names
and addresses of all witnesses (impeachment, rebuttal or otherwise) intended to be called at trial
and only those witnesses listed shall be permitted to testify; further, regarding expert
testimony, each party shall furnish all information required by Rule 1.280(b) (4) (A).
Each party is limited to one expert per specialty. No other expert testimony shall be permitted
at trial. A written list identifying all exhibits intended to be offered shall also be furnished to
opposing counsel and only those exhibits may be offered in evidence. Copies of witness and
exhibit lists shall be timely filed with the Clerk of the Court.
(b) All exhibits to be offered in evidence at trial shall be made available to opposing
counsel for examination and initialing during normal business hours.
(c) All plaintiff medical evaluations and other examinations pursuant to Rule 1.360
F.R.Civ.P. shall have been completed.
3. The following shall be done at least fifteen (15) days prior to the Monday of the trial period
set forth above.
(a) All pre-trial motions, depositions noticed for use at trial and/or discovery matters or
proceedings related thereto shall have been completed. Counsel are admonished to undertake,
initiate and/or complete all discovery in such a manner as to comply with the time limitations
set forth herein. No further discovery procedures or depositions for preservation of
testimony shall be allowed without specific leave of Court or court approved written
agreement of counsel.
(b) Counsel shall meet with a view toward exhausting all efforts to reach a settlement.
4. Mediation shall have been completed prior to the Calendar Call to either resolve
the case or narrow the issues. The parties shall immediately notify the Court in the event of
settlement and Submit a Stipulation and Order of Dismissal. As well, the parties shall
advise the Court of the cancellation of any pending hearings. The parties are ordered to
mediate this cause pursuant to attached exhibit which is incorporated in this order.
5. In the event the Trial of this matter is continued, then each time limitation and provision
contained above shall apply as to the new trial date.
DONE AND ORDERED in Chambers, at Miami-Dade County, Florida, on this
___________________________.
28th day of October, 2021
2018-034416-CA-01 10-28-2021 1:40 PM
__________________________________________
2018-034416-CA-01 10-28-2021 1:40 PM
Peter R. Lopez
CIRCUIT COURT JUDGE
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 Aliean Simpkins, the Eleventh
Judicial Circuit Court’s ADA Coordinator, Lawson E. Thomas Courthouse
Center, 175 NW 1st Ave., Suite 2400, Miami, FL 33128, Telephone (305)
349-7175; TDD (305) 349-7174, Fax (305) 349-7355, Email:
ADA@jud11.flcourts.org at least seven (7) days before your scheduled court
appearance, or immediately upon receiving this notification if the time before
the scheduled appearance is less than seven (7) days; if you are hearing or
voice impaired, call 711.
Copies Furnished to:
hklein@conroysimberg.com
mroberts@conroysimberg.com
eservicehwdappl@conroysimberg.com
robert.boan@fpl.com
miriam.corzo.garcia@fpl.com
steven.m.singerPA@gmail.com
LNJ@florida-attorneys.com
cmf@florida-attorneys.com
jhb@fblawyers.net
yg@fblawyers.net
pleadings@fblawyers.net
jf@fblawyers.net
jf@fblawyers.net
ka@fblawyers.net
nd@fblawyers.net
eservice.legal@rwblawyers.com
ryan@rwblawyers.com
gd@fblawyers.net
eservicehwd@conroysimberg.com
ddemarais@conroysimberg.com
mwilensky@conroysimberg.com
angelica.roque@fpl.com
miriam.corzo.garcia@fpl.com
ld@fblawyers.net
ka@fblawyers.net
pleadings@fblawyers.net
lmcendree@conroysimberg.com
dhorn@conroysimberg.com
eservicehwd@conroysimberg.com
eservicehwd@conroysimberg.com
ccorkran@conroysimberg.com
kohalloran@conroysimberg.com
ka@fblawyers.net
EXHIBIT TO TRIAL ORDER:
REFERRAL TO MEDIATION
Pursuant to Chapter 44 of the Florida Statutes and Rules 1.700 – 1.730, Florida Rules of Civil
Procedure, the above-styled cause is hereby referred to mediation. Mediation is a mandatory but
non-binding settlement conference, conducted with the assistance of a Mediator. Mediation is
private, confidential, and privileged from process and discovery. After mediation, the Mediator
shall file a report in accordance with Rule 1.730, Florida Rules of Civil Procedure.
Selection of Mediator
(1) Within fifteen (15) days of this Order of Referral, the parties may mutually agree upon the
designation of any certified Mediator of their choice. If an agreement is reached, the plaintiff or
petitioner shall, within the time period set forth above, file with the Clerk of the Court, and serve
upon the parties, the agreed-upon Mediator, and the Court a “Notice of Stipulation of Mediator”
which shall identify the name, address, telephone number and email of the Mediator. Upon filing
the “Notice of Stipulation of Mediator,” said Mediator shall be deemed designated to mediate
without further Order of Court.
(2) In the event the parties are unable to agree upon the selection of a mediator within the time
frame set forth above, the plaintiff or petitioner shall, within twenty (20) days of this Order of
Referral, prepare a “Request for Appointment of Mediator” certifying that notwithstanding a good
faith effort to agree, the parties were unsuccessful in so doing and requesting the Mediation
Division provide the next available mediator from the rotating list of Certified Mediators. Said
“Request for Appointment of Mediator” shall be filed with the Clerk of the Court and a copy
emailed to the Mediation Division, MediationDivision@jud11.flcourts.org.
Payment of Mediator’s Fees
(3) Fees for the mediation are to be divided and borne equally by the parties unless:
a. otherwise agreed to by the parties, in writing,
b. otherwise provided by court order; or
(4) The Mediator shall be compensated at the Mediator’s established hourly rate (unless otherwise
agreed by the Mediator and parties), with a 2-hour minimum. This minimum 2-hour fee shall be paid
at least seven (7) days prior to the scheduled mediation, and the balance of the fee, if any, shall be
paid at the conclusion of the mediation. However, any Mediator selected pursuant to paragraph (2)
above, from the rotating listof Certified Mediators in the Mediation Division, shall be compensated at
a rate of $125.00 per hour, unless otherwise agreed to by the Mediator and the parties. Counsel for
the respective parties are responsible for financial arrangements with their clients and timely payment
of mediation fees.
Scheduling Mediation
(5) The parties and designated Mediator are ordered and directed to proceed with mediation in
accordance with the Rules of Civil Procedure. Mediation shall take place within sixty (60) days of the
date of this order.
(6) Within fifteen (15) days of this Order of Referral, any party may file a motion with the court to
defer the mediation. The movant shall set the Motion to Defer for hearing prior to the scheduled date
for mediation. Notice of the hearing shall be provided to all interested parties, including any Mediator
who has been appointed. The motion shall set forth, in detail, the facts and circumstances supporting
the motion. Mediation shall be tolled until disposition of the motion.
Required Attendance at Mediation
(7) Personal appearance of counsel, and each party or representative of each party with authority
to enter into a full and complete compromise and settlement, without further consultation, is
mandatory at mediation. If insurance is involved, an adjuster with authority up to the policy limits
or the most recent demand, whichever is lower, shall attend.
Change/Cancellation of Scheduled Mediation
(8) Written notice to the Mediator of any change or cancellation of the scheduled mediation must
be given at least seventy two (72) hours prior to the scheduled mediation. Failure to provide such
notice shall result in the imposition of the two (2) hour minimum fee paid by the canceling party
to the Mediator, unless the Court orders otherwise for exceptional circumstances beyond the
parties' control or the Mediator agrees to waive same.
Dispensing with Mediation
(9) A party may move, within fifteen (15) days of the Order of Referral, to dispense with
mediation, if:
(a) the issue to be considered has previously been mediated between the same parties
pursuant to Florida law;
(b) the issue presents a question of law only;
(c) other good cause is shown.
Sanctions for Non-Compliance
(10) If any of the parties fails to comply with the obligations set forth herein to ensure that
mediation is accomplished expeditiously, the court may, on its own motion or on motion of any
party, dismiss the case, strike pleadings, enter default, remove the case from the trial calendar, or
impose any other sanctions that it may deem appropriate under the circumstances.
Preview
Filing # 137468976 E-Filed 10/28/2021 01:54:11 PM IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CIRCUIT CIVIL DIVISION CASE NO.: 2018-034416-CA-01 SECTION: CA10 Yvette Bonheur (Guardian) et al Plaintiff(s), ZOOM/VIRTUAL UNIFORM ORDER SETTING CAUSE vs. FOR NON-JURY TRIAL, MEDIATION AND PRE-TRIAL INSTRUCTIONS Florida Power & Light Company et al Defendant(s) ______________________________________/ THIS CAUSE is set for Non-Jury Trial before the undersigned Judge in Virtual Courtroom, for the ____ 3 week period, commencing ________________________________, 11-07-2022 or as soon thereafter as the same may be heard. Virtual Court is held remotely on the Zoom platform. You will receive an email from the Court with the information you need to connect to your event by video or phone if you are on the E- Filing Portal service list. If you do not receive an email, check the judge’s webpage for the Zoom link to their virtual courtroom or further instructions. You may also register for text notification via link https://cmap.jud11.flcourts.org/ebench/textNotificationsRegistration.jsp. IT IS THE RESPONSIBILITY OF THE SCHEDULER TO PROVIDE TIMELY NOTICE OF THE ZOOM MEETING DETAILS TO ANY PARTY NOT REGISTERED ON THE E- FILING SERVICE PORTAL. ALL ATTORNEYS, are directed to appear before the undersigned Judge, at the Dade 10-31-2022 at 11:00 AM County Courthouse, for Call of the Calendar on _____________________ . All attorneys should be thoroughly familiar with the cause and prepared to consider and determine such matters as are set forth in Rule 1.200(b). Failure to appear as directed or to otherwise strictly comply with the terms of this Order may result in sanctions including, dismissing the action, striking the pleadings, limiting proof or witnesses or taking any other appropriate action. It is further ORDERED AND ADJUDGED as follows: 1. The parties shall do all things reasonable and necessary to assure the availability of 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 F.R.Civ.P. and Rule 2.085 of the Rules of Judicial Administration. 2. The following shall be done no later than forty-five (45) days prior to the Monday of the trial period set forth above: (a) Parties shall furnish opposing counsel with a written list containing the names and addresses of all witnesses (impeachment, rebuttal or otherwise) intended to be called at trial and only those witnesses listed shall be permitted to testify; further, regarding expert testimony, each party shall furnish all information required by Rule 1.280(b) (4) (A). Each party is limited to one expert per specialty. No other expert testimony shall be permitted at trial. A written list identifying all exhibits intended to be offered shall also be furnished to opposing counsel and only those exhibits may be offered in evidence. Copies of witness and exhibit lists shall be timely filed with the Clerk of the Court. (b) All exhibits to be offered in evidence at trial shall be made available to opposing counsel for examination and initialing during normal business hours. (c) All plaintiff medical evaluations and other examinations pursuant to Rule 1.360 F.R.Civ.P. shall have been completed. 3. The following shall be done at least fifteen (15) days prior to the Monday of the trial period set forth above. (a) All pre-trial motions, depositions noticed for use at trial and/or discovery matters or proceedings related thereto shall have been completed. Counsel are admonished to undertake, initiate and/or complete all discovery in such a manner as to comply with the time limitations set forth herein. No further discovery procedures or depositions for preservation of testimony shall be allowed without specific leave of Court or court approved written agreement of counsel. (b) Counsel shall meet with a view toward exhausting all efforts to reach a settlement. 4. Mediation shall have been completed prior to the Calendar Call to either resolve the case or narrow the issues. The parties shall immediately notify the Court in the event of settlement and Submit a Stipulation and Order of Dismissal. As well, the parties shall advise the Court of the cancellation of any pending hearings. The parties are ordered to mediate this cause pursuant to attached exhibit which is incorporated in this order. 5. In the event the Trial of this matter is continued, then each time limitation and provision contained above shall apply as to the new trial date. DONE AND ORDERED in Chambers, at Miami-Dade County, Florida, on this ___________________________. 28th day of October, 2021 2018-034416-CA-01 10-28-2021 1:40 PM __________________________________________ 2018-034416-CA-01 10-28-2021 1:40 PM Peter R. Lopez CIRCUIT COURT JUDGE 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 Aliean Simpkins, the Eleventh Judicial Circuit Court’s ADA Coordinator, Lawson E. Thomas Courthouse Center, 175 NW 1st Ave., Suite 2400, Miami, FL 33128, Telephone (305) 349-7175; TDD (305) 349-7174, Fax (305) 349-7355, Email: ADA@jud11.flcourts.org at least seven (7) days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than seven (7) days; if you are hearing or voice impaired, call 711. Copies Furnished to: hklein@conroysimberg.com mroberts@conroysimberg.com eservicehwdappl@conroysimberg.com robert.boan@fpl.com miriam.corzo.garcia@fpl.com steven.m.singerPA@gmail.com LNJ@florida-attorneys.com cmf@florida-attorneys.com jhb@fblawyers.net yg@fblawyers.net pleadings@fblawyers.net jf@fblawyers.net jf@fblawyers.net ka@fblawyers.net nd@fblawyers.net eservice.legal@rwblawyers.com ryan@rwblawyers.com gd@fblawyers.net eservicehwd@conroysimberg.com ddemarais@conroysimberg.com mwilensky@conroysimberg.com angelica.roque@fpl.com miriam.corzo.garcia@fpl.com ld@fblawyers.net ka@fblawyers.net pleadings@fblawyers.net lmcendree@conroysimberg.com dhorn@conroysimberg.com eservicehwd@conroysimberg.com eservicehwd@conroysimberg.com ccorkran@conroysimberg.com kohalloran@conroysimberg.com ka@fblawyers.net EXHIBIT TO TRIAL ORDER: REFERRAL TO MEDIATION Pursuant to Chapter 44 of the Florida Statutes and Rules 1.700 – 1.730, Florida Rules of Civil Procedure, the above-styled cause is hereby referred to mediation. Mediation is a mandatory but non-binding settlement conference, conducted with the assistance of a Mediator. Mediation is private, confidential, and privileged from process and discovery. After mediation, the Mediator shall file a report in accordance with Rule 1.730, Florida Rules of Civil Procedure. Selection of Mediator (1) Within fifteen (15) days of this Order of Referral, the parties may mutually agree upon the designation of any certified Mediator of their choice. If an agreement is reached, the plaintiff or petitioner shall, within the time period set forth above, file with the Clerk of the Court, and serve upon the parties, the agreed-upon Mediator, and the Court a “Notice of Stipulation of Mediator” which shall identify the name, address, telephone number and email of the Mediator. Upon filing the “Notice of Stipulation of Mediator,” said Mediator shall be deemed designated to mediate without further Order of Court. (2) In the event the parties are unable to agree upon the selection of a mediator within the time frame set forth above, the plaintiff or petitioner shall, within twenty (20) days of this Order of Referral, prepare a “Request for Appointment of Mediator” certifying that notwithstanding a good faith effort to agree, the parties were unsuccessful in so doing and requesting the Mediation Division provide the next available mediator from the rotating list of Certified Mediators. Said “Request for Appointment of Mediator” shall be filed with the Clerk of the Court and a copy emailed to the Mediation Division, MediationDivision@jud11.flcourts.org. Payment of Mediator’s Fees (3) Fees for the mediation are to be divided and borne equally by the parties unless: a. otherwise agreed to by the parties, in writing, b. otherwise provided by court order; or (4) The Mediator shall be compensated at the Mediator’s established hourly rate (unless otherwise agreed by the Mediator and parties), with a 2-hour minimum. This minimum 2-hour fee shall be paid at least seven (7) days prior to the scheduled mediation, and the balance of the fee, if any, shall be paid at the conclusion of the mediation. However, any Mediator selected pursuant to paragraph (2) above, from the rotating listof Certified Mediators in the Mediation Division, shall be compensated at a rate of $125.00 per hour, unless otherwise agreed to by the Mediator and the parties. Counsel for the respective parties are responsible for financial arrangements with their clients and timely payment of mediation fees. Scheduling Mediation (5) The parties and designated Mediator are ordered and directed to proceed with mediation in accordance with the Rules of Civil Procedure. Mediation shall take place within sixty (60) days of the date of this order. (6) Within fifteen (15) days of this Order of Referral, any party may file a motion with the court to defer the mediation. The movant shall set the Motion to Defer for hearing prior to the scheduled date for mediation. Notice of the hearing shall be provided to all interested parties, including any Mediator who has been appointed. The motion shall set forth, in detail, the facts and circumstances supporting the motion. Mediation shall be tolled until disposition of the motion. Required Attendance at Mediation (7) Personal appearance of counsel, and each party or representative of each party with authority to enter into a full and complete compromise and settlement, without further consultation, is mandatory at mediation. If insurance is involved, an adjuster with authority up to the policy limits or the most recent demand, whichever is lower, shall attend. Change/Cancellation of Scheduled Mediation (8) Written notice to the Mediator of any change or cancellation of the scheduled mediation must be given at least seventy two (72) hours prior to the scheduled mediation. Failure to provide such notice shall result in the imposition of the two (2) hour minimum fee paid by the canceling party to the Mediator, unless the Court orders otherwise for exceptional circumstances beyond the parties' control or the Mediator agrees to waive same. Dispensing with Mediation (9) A party may move, within fifteen (15) days of the Order of Referral, to dispense with mediation, if: (a) the issue to be considered has previously been mediated between the same parties pursuant to Florida law; (b) the issue presents a question of law only; (c) other good cause is shown. Sanctions for Non-Compliance (10) If any of the parties fails to comply with the obligations set forth herein to ensure that mediation is accomplished expeditiously, the court may, on its own motion or on motion of any party, dismiss the case, strike pleadings, enter default, remove the case from the trial calendar, or impose any other sanctions that it may deem appropriate under the circumstances.