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Filing # 149814492 E-Filed 05/18/2022 11:03:25 AM
IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
CIRCUIT CIVIL DIVISION
CASE NO.: 2021-013628-CA-01
SECTION: CA02
Rosemanette Gedeon
Plaintiff(s), LIVE/IN-PERSON
UNIFORM ORDER SETTING CAUSE
vs. FOR JURY TRIAL, MEDIATION, AND
PRE-TRIAL INSTRUCTIONS
North Miami Caraf, Inc et al
Defendant(s)
______________________________________/
THIS CAUSE is hereby set for jury trial before the undersigned Judge at the Dade
County Courthouse, 73 West Flagler Street, Miami, Florida 33130, Room _________ 414 for the
____ week period commencing:
3
10-24-2022
_______________________________, or as soon thereafter as the same may be heard.
ALL ATTORNEYS, pursuant to Fla. R. Civ. P. 1.200., are directed to appear before the
undersigned Judge at the Dade County Courthouse for:
10-13-2022 at 1:30 PM
Calendar Call on _____________________.
All attorneys appearing at the Calendar Call shall be thoroughly familiar with the cause and be
prepared to consider and determine such matters as are set forth in Fla. R. Civ. P. 1.200(b).
Failure to appear as directed or to otherwise strictly comply with the terms of this Order may
result in sanctions, including, but not limited to, the dismissal of the action, striking of pleadings,
limiting of proof, striking a witness or such other actions as the Court may deem proper.
It is further Ordered and Adjudged as follows:
IN THE EVENT OF CONFLICTING DEADLINES, PREVIOUSLY ENTERED CASE
MANAGEMENT ORDERS (CMO) OR SCHEDULING ORDERS MUST BE
FOLLOWED. THE EARLIEST APPLICABLE DEADLINE WILL BE ENFORCED.
THE CMO/SCHEDULING ORDER SUPERSEDES ANY CONFLICTING DEADLINES
ESTABLISHED BY THIS TRIAL ORDER. DO NOT RELY ON THIS TRIAL ORDER
TO EXTEND ANY PRIOR DEADLINES.
1. The parties shall do all things necessary to assure availability of their witnesses
for the entire trial period or to otherwise preserve their testimony for trial as provided by
Florida Rules of Civil Procedure. See Fla. R. Civ. P. 1.300 and 1.460. See Fla. R. Jud. Adm.
2.085.
2. At least ninety (90) days prior to the first day of the trial period set forth herein,
counsel for each party shall file a list of the proper names and addresses of all witnesses who
are expected to testify in this cause, including all “hybrid” witnesses who may be considered a
fact witness and also give expert testimony.
3. At least sixty (60) days prior to the first day of the trial period set forth herein,
counsel for each party shall file a list of the proper names and addresses of all expert witnesses
retained by the parties who are expected to testify at the trial of this cause. The parties shall
also list the specialty of each expert, what element of the case the expert will express opinions on
(standard of care, causation, damages, etc.), and provide all parties a copy of the experts’
report(s), if applicable, and/or provide a short summary of the testimony expected from each
expert pursuant to Fla. R. Civ. P.1.280(b)(5). Each party is limited to one expert per specialty.
4. Upon receipt of opposing counsel’s expert witness disclosure, each party shall
have fifteen (15) days to list the proper names of additional rebuttal experts or impeachment
witnesses. The parties shall follow the instructions in paragraph 3 with regards to the
information accompanying the listing of additional experts retained by the parties.
5. At the time of the Calendar Call, if necessary, counsel for each party will file any
objections to the authenticity of any records or evidence produced during discovery that are
expected to be introduced into evidence so as to put all parties on notice of the need for a records
custodian witness. Failure to timely file such objection will be deemed as a waiver of any
objection to authenticity. All other substantive objections are preserved.
6. All compulsory medical evaluations pursuant to Fla. R. Civ. P. 1.360 shall be
completed at least forty-five (45) days prior to the first day of the trial period set forth herein.
7. At least thirty (30) days prior to the first day of the trial period set forth herein,
counsel for each party shall file a list of all exhibits intended to be introduced as evidence at trial
and make these exhibits available to opposing counsel for examination and inspection, including
the initialing of the exhibits no later than five (5) days prior to the first day of the trial period.
8. Daubert motions shall be filed thirty (30) days prior to the first day of the trial
period. Hearing on these motions shall be set NOT LATER THAN fifteen (15) days prior to
the first day of the trial period. At the time of the Calendar Call, each party shall make known to
opposing counsel and the court all substantive motions, including all motions in limine, that still
need to be ruled upon prior to trial. Failure to do so may be deemed an abandonment of any
pending motion(s). If any Daubert motion has been timely filed and not heard, it shall be
brought to the attention of the Court at Calendar Call.
9. Discovery shall be concluded at least fifteen (15) days prior to the first day of
the trial period set forth herein. Any further discovery must be conducted by the written
stipulation of all parties or leave of the Court.
10. Ten (10) days prior to the first day of the trial period, the parties shall file their
page-line designation for depositions that they intend to read or play at trial; the opposing party
shall have five (5) days thereafter to file objections and/or counter-designations.
11. Mediation shall be 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.
12. The parties are directed to exchange proposed jury instructions and verdict forms
at the time of the Calendar Call. At least three (3) days before commencement of the trial
period the parties shall agree on as many jury instructions as possible and be prepared to submit
the agreed instructions to the court as well as designate to the court the proposed instructions in
dispute.
13. Should the parties believe that a different schedule is required for the efficient
administration of this matter, they are encouraged to meet and develop a joint stipulated
order and/or set a case management conference pursuant to Fla. R. Civ. P. 1.200. If parties
expect that the case will require a pretrial conference, they should request and schedule
same sufficiently in advance of trial to permit same to be scheduled.
14. Failure to list a witness or exhibit pursuant to this order may result in the exclusion
of that witness or exhibit from trial.
15. Should this matter be continued or not reached during the trial docket set forth
herein, each time limitation and provision contained herein shall apply to the new trial date.
16. All time periods herein refer to calendar days.
DONE AND ORDERED in Chambers, at Miami-Dade County, Florida, on this
___________________________.
18th day of May, 2022
2021-013628-CA-01 05-18-2022 10:55 AM
__________________________________________
2021-013628-CA-01 05-18-2022 10:55 AM
William Thomas
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:
lsenfeld@gaebemullen.com
lsenfeld@gaebemullen.com
lsenfeld@gaebemullen.com
Gabriel@jhmllp.com
service@jhmllp.com
jen@jhmllp.com
ymarrero@gaebemullen.com
mantonelli@gaebemullen.com
cgreer@gaebemullen.com
lbeggs@gaebemullen.com
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 be completed prior to the Calendar Call.
(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 # 149814492 E-Filed 05/18/2022 11:03:25 AM IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CIRCUIT CIVIL DIVISION CASE NO.: 2021-013628-CA-01 SECTION: CA02 Rosemanette Gedeon Plaintiff(s), LIVE/IN-PERSON UNIFORM ORDER SETTING CAUSE vs. FOR JURY TRIAL, MEDIATION, AND PRE-TRIAL INSTRUCTIONS North Miami Caraf, Inc et al Defendant(s) ______________________________________/ THIS CAUSE is hereby set for jury trial before the undersigned Judge at the Dade County Courthouse, 73 West Flagler Street, Miami, Florida 33130, Room _________ 414 for the ____ week period commencing: 3 10-24-2022 _______________________________, or as soon thereafter as the same may be heard. ALL ATTORNEYS, pursuant to Fla. R. Civ. P. 1.200., are directed to appear before the undersigned Judge at the Dade County Courthouse for: 10-13-2022 at 1:30 PM Calendar Call on _____________________. All attorneys appearing at the Calendar Call shall be thoroughly familiar with the cause and be prepared to consider and determine such matters as are set forth in Fla. R. Civ. P. 1.200(b). Failure to appear as directed or to otherwise strictly comply with the terms of this Order may result in sanctions, including, but not limited to, the dismissal of the action, striking of pleadings, limiting of proof, striking a witness or such other actions as the Court may deem proper. It is further Ordered and Adjudged as follows: IN THE EVENT OF CONFLICTING DEADLINES, PREVIOUSLY ENTERED CASE MANAGEMENT ORDERS (CMO) OR SCHEDULING ORDERS MUST BE FOLLOWED. THE EARLIEST APPLICABLE DEADLINE WILL BE ENFORCED. THE CMO/SCHEDULING ORDER SUPERSEDES ANY CONFLICTING DEADLINES ESTABLISHED BY THIS TRIAL ORDER. DO NOT RELY ON THIS TRIAL ORDER TO EXTEND ANY PRIOR DEADLINES. 1. The parties shall do all things necessary to assure availability of their witnesses for the entire trial period or to otherwise preserve their testimony for trial as provided by Florida Rules of Civil Procedure. See Fla. R. Civ. P. 1.300 and 1.460. See Fla. R. Jud. Adm. 2.085. 2. At least ninety (90) days prior to the first day of the trial period set forth herein, counsel for each party shall file a list of the proper names and addresses of all witnesses who are expected to testify in this cause, including all “hybrid” witnesses who may be considered a fact witness and also give expert testimony. 3. At least sixty (60) days prior to the first day of the trial period set forth herein, counsel for each party shall file a list of the proper names and addresses of all expert witnesses retained by the parties who are expected to testify at the trial of this cause. The parties shall also list the specialty of each expert, what element of the case the expert will express opinions on (standard of care, causation, damages, etc.), and provide all parties a copy of the experts’ report(s), if applicable, and/or provide a short summary of the testimony expected from each expert pursuant to Fla. R. Civ. P.1.280(b)(5). Each party is limited to one expert per specialty. 4. Upon receipt of opposing counsel’s expert witness disclosure, each party shall have fifteen (15) days to list the proper names of additional rebuttal experts or impeachment witnesses. The parties shall follow the instructions in paragraph 3 with regards to the information accompanying the listing of additional experts retained by the parties. 5. At the time of the Calendar Call, if necessary, counsel for each party will file any objections to the authenticity of any records or evidence produced during discovery that are expected to be introduced into evidence so as to put all parties on notice of the need for a records custodian witness. Failure to timely file such objection will be deemed as a waiver of any objection to authenticity. All other substantive objections are preserved. 6. All compulsory medical evaluations pursuant to Fla. R. Civ. P. 1.360 shall be completed at least forty-five (45) days prior to the first day of the trial period set forth herein. 7. At least thirty (30) days prior to the first day of the trial period set forth herein, counsel for each party shall file a list of all exhibits intended to be introduced as evidence at trial and make these exhibits available to opposing counsel for examination and inspection, including the initialing of the exhibits no later than five (5) days prior to the first day of the trial period. 8. Daubert motions shall be filed thirty (30) days prior to the first day of the trial period. Hearing on these motions shall be set NOT LATER THAN fifteen (15) days prior to the first day of the trial period. At the time of the Calendar Call, each party shall make known to opposing counsel and the court all substantive motions, including all motions in limine, that still need to be ruled upon prior to trial. Failure to do so may be deemed an abandonment of any pending motion(s). If any Daubert motion has been timely filed and not heard, it shall be brought to the attention of the Court at Calendar Call. 9. Discovery shall be concluded at least fifteen (15) days prior to the first day of the trial period set forth herein. Any further discovery must be conducted by the written stipulation of all parties or leave of the Court. 10. Ten (10) days prior to the first day of the trial period, the parties shall file their page-line designation for depositions that they intend to read or play at trial; the opposing party shall have five (5) days thereafter to file objections and/or counter-designations. 11. Mediation shall be 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. 12. The parties are directed to exchange proposed jury instructions and verdict forms at the time of the Calendar Call. At least three (3) days before commencement of the trial period the parties shall agree on as many jury instructions as possible and be prepared to submit the agreed instructions to the court as well as designate to the court the proposed instructions in dispute. 13. Should the parties believe that a different schedule is required for the efficient administration of this matter, they are encouraged to meet and develop a joint stipulated order and/or set a case management conference pursuant to Fla. R. Civ. P. 1.200. If parties expect that the case will require a pretrial conference, they should request and schedule same sufficiently in advance of trial to permit same to be scheduled. 14. Failure to list a witness or exhibit pursuant to this order may result in the exclusion of that witness or exhibit from trial. 15. Should this matter be continued or not reached during the trial docket set forth herein, each time limitation and provision contained herein shall apply to the new trial date. 16. All time periods herein refer to calendar days. DONE AND ORDERED in Chambers, at Miami-Dade County, Florida, on this ___________________________. 18th day of May, 2022 2021-013628-CA-01 05-18-2022 10:55 AM __________________________________________ 2021-013628-CA-01 05-18-2022 10:55 AM William Thomas 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: lsenfeld@gaebemullen.com lsenfeld@gaebemullen.com lsenfeld@gaebemullen.com Gabriel@jhmllp.com service@jhmllp.com jen@jhmllp.com ymarrero@gaebemullen.com mantonelli@gaebemullen.com cgreer@gaebemullen.com lbeggs@gaebemullen.com 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 be completed prior to the Calendar Call. (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.