Preview
Filing # 137875547 E-Filed 11/04/2021 09:10:55 AM
IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL
CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA
CASE NO: 2021-013651-CA-01
SECTION: CA25
JUDGE: Valerie R. Manno Schurr
LOUISA DENIS
Plaintiff(s)
vs.
UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY
Defendant(s)
____________________________/
CASE MANAGEMENT ORDER (STREAMLINED PATHWAY)
THIS CAUSE came before the Court on case management review. Based on the review of
the file, and pursuant to Rule 2.545, Fla. R. Jud. Admin., the Court has established Case
Management Deadlines, and it is hereby
ORDERED that:
1. The parties shall comply with these Case Management Deadlines until further order of
court. The parties shall strictly comply with the deadlines and should expect that the case
will be tried during the anticipated trial period specified, without continuances. The parties
cannot agree to extend the deadlines and cannot agree to waive any portion of the
provisions of this order.
2. Procedural Requirements: In addition to strict adherence to the Florida Rules of Civil
Procedure and the Administrative Orders of the Court, the parties shall comply with the
Case Management Procedures in this order. The parties may not unilaterally extend any of
the deadlines contained in the Case Management Procedures. Deadlines may be altered by
the Court where the interests of justice so require, upon prompt motion, notice and hearing.
CASE MANAGEMENT DEADLINES
120 Days from filing of
Deadline for Service of Complaint:
Complaint
Deadline for Propounding Requests for Production,
12/08/2021
Requests to Admit and Interrogatories:
Deadline for Initial Scheduling and Setting Depositions: 12/28/2021
Deadline for Witness and Exhibit List: 02/16/2022
Case No: 2021-013651-CA-01 Page 1 of 5
Deadline for Expert Disclosure: 02/16/2022
Deadline for Inspections/Examinations: 02/16/2022
Deadline for Adding Parties: 02/16/2022
Deadline for Discovery Completion (Including
03/08/2022
Depositions):
Deadline for Dispositive Motions: 04/07/2022
Deadline for ADR/Mediation: 04/27/2022
Deadline for Pretrial Motions and Jury Instructions: 06/06/2022
Trial Ready Deadline: 07/06/2022
CASE MANAGEMENT PROCEDURES
Motion Practice
1. Duty to Communicate: Prior to filing any motion, counsel have a duty to confer with
each other directly in good faith, not through staff, to attempt to narrow or resolve issues.
“In good faith” means you are professional and temperate in your communications, you
return phone calls and emails in a timely manner, and you do not set unreasonable
deadlines for responses.
2. Scheduling of Hearings: Motions filed (other than dispositive motions or those requiring
testimony) must be noticed for hearing on the first available motion calendar. Motions not
promptly set for hearing may be ruled upon by the Court on the papers.
3. Compelling Discovery where there has been no response: The parties are to comply
with Administrative Order 06-09 when moving to compel production of propounded
discovery. These motions shall be submitted via courtMAP with supporting documents
and shall not be placed on motion calendar.
4. Motions for Protective Order: Motions for protective order must be filed as soon as the
grounds are known. Counsel should be coordinating deposition dates for specific
parties/witnesses and have a duty to confer regarding any issues that would be the subject
of a motion for protective order prior to scheduling the deposition. The filing of the motion
must not be delayed until immediately prior to the scheduled deposition. A motion for
protective order does not automatically stay the deposition and the deposition shall proceed
unless an order granting the motion is entered by the Court.
5. Motions for Extension: Motions for extension of time must state with specificity the
reason why extension is needed and anticipated deadline for competition, which may not
exceed the time allowed for the original deadline absent extraordinary circumstances. The
Court may rule upon submission of the motion without a hearing. Any motion for extension
of time must be preceded by a meet and confer with opposing counsel and absent
agreement, be set for hearing immediately upon filing. Counsel should be prepared to
respond promptly in the event the motion is denied.
6. Dispositive Motions: Motions which may dispose of specific issues, portions of the case
or the entire case should be filed and set for hearing as soon as possible. Parties wishing to
Case No: 2021-013651-CA-01 Page 2 of 5
pursue a dispositive motion should target the essential discovery promptly. Parties should
confer to assure necessary discovery is scheduled to be completed and will be completed
prior to a special set hearing date. Last minute cancellations are disfavored.
7. Amendment of Pleadings: Motions to amend should be filed so as not to affect the date of
trial. Although the Court recognizes the rule of liberality with regard to amendment of
pleadings, liberality declines with an approaching trial date unless the amendment involves
newly discovered information not previously available. Review your pleadings for
necessary amendment(s) early, not as part of last-minute trial preparation.
Discovery
8. Written Discovery shall be propounded promptly:
a. Objections: If objections to written discovery involve the phrasing of the request or
time frame of any discovery request, these objections may not be extended (even if
the parties agree) and are due at the time the initial response is due. Failure to timely
make these objections, constitutes a waiver. Parties shall comply with the “Duty to
Communicate” above, prior to setting timely made objections for hearing.
b. Documents made available for inspection and copying: If discovery responses
provide that the documents are available for inspection and copying at a mutually
convenient time and place, the responding party shall immediately (within 48 hours)
provide three alternative dates and times that the documents are available for
inspection and copying. All of the dates shall be within ten (10) days. Failure to
provide the dates and times shall constitute a failure to respond to discovery.
Review shall occur within fifteen (15) days of the response, absent extraordinary
circumstances. Examples of “extraordinary circumstances” include a sole
practitioner in trial on another case, a medical emergency, prepaid vacation, and a
death in the family.
c. Privilege Logs: Privilege logs are due at the time of the response and may not be
reserved to be provided later. Privilege logs must specifically identify the document
in accordance with Rule 1.280(b)(6), Fla.R.Civ.P.
Failure to timely provide the privilege log may result in the waiver of the privilege.
This procedure requires preparation of a privilege log with respect to all documents,
electronically stored information, things and oral communications withheld on the
basis of a claim of privilege or work product except the following: written and oral
communications between a party and their counsel after commencement of the action
and work product material created after commencement of the action.
Parties are instructed that where they believe that the divulgence of the logging
Case No: 2021-013651-CA-01 Page 3 of 5
information would necessarily cause disclosure of the allegedly privileged
information, they must identify that the item exists and that in camera review by the
court will be sought. The item may be described generically. However, if the Court
determines that there is nothing inherent in the divulgence of the existence of the
document or the logging information required that would violate privilege, the Court
will impose sanctions for any in camera request determined to be frivolous. In
camera requests by the party claiming the privilege must be signed by both the
requesting attorney and the client, so as to assure that all are aware of the request and
the consequences.
d. Expert Disclosure: Parties should furnish opposing counsel with the names and
addresses of all expert witness under Rule 1.390(a) to be called at trial and all
information regarding expert testimony that is required by Rule 1.280(b)(5). Each
party is limited to one expert per specialty. No other expert testimony should be
permitted at trial. Information furnished pursuant to this paragraph should be timely
filed.
9. Depositions: The parties are ordered to block time now for necessary depositions to be set
in this case Expert deposition time should be coordinated and blocked as soon as experts
are known to ensure compliance with this schedule. Depositions may commence at any
time. Refer to paragraph 4 above regarding motions for protective order.
Witness and Exhibits Lists
10. Witness and Exhibit Lists: The parties shall timely exchange their witness and exhibit
lists. The lists shall include complete proper names and addresses. If counsel chooses to
list their bar address as the witness’ address, counsel is deemed to have agreed to produce
the witness voluntarily as they have withheld the information necessary for a witness
subpoena, and counsel will be responsible for assuring that witness’ presence at trial.
Case No: 2021-013651-CA-01 Page 4 of 5
Mediation
11. Mediation: Parties must mediate by the Court’s deadline. The parties are responsible for
assuring that they have all the necessary information to value their position prior to
mediation. If the parties fail to mediate before the mediation deadline, sanctions shall be
imposed by the Court. Failure to timely mediate shall not constitute just cause for a trial
continuance.
DONE and ORDERED in Chambers at Miami-Dade County, Florida on this 4th day of
November, 2021.
2021-013651-CA-01 11-04-2021 9:04 AM
Hon. Valerie R. Manno Schurr
CIRCUIT COURT JUDGE
Electronically Signed
No Further Judicial Action Required on THIS MOTION
CLERK TO RECLOSE CASE IF POST JUDGMENT
Electronically Served:
Christopher Foster, upciceservice01@universalproperty.com
Christopher Foster, dh0615@universalproperty.com
Christopher Foster, cf0518@universalproperty.com
Julissa Nethersole, upciceservice01@universalproperty.com
Julissa Nethersole, mc0629@universalproperty.com
Julissa Nethersole, jn0615@universalproperty.com
Moshe Rubinstein, service@moshelaw.com
Moshe Rubinstein, moshe@moshelaw.com
Omar J. Perez, upciceservice01@universalproperty.com
Omar J. Perez, er0810@universalproperty.com
Omar J. Perez, op1215@universalproperty.com
Physically Served:
Case No: 2021-013651-CA-01 Page 5 of 5
Preview
Filing # 137875547 E-Filed 11/04/2021 09:10:55 AM IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CASE NO: 2021-013651-CA-01 SECTION: CA25 JUDGE: Valerie R. Manno Schurr LOUISA DENIS Plaintiff(s) vs. UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY Defendant(s) ____________________________/ CASE MANAGEMENT ORDER (STREAMLINED PATHWAY) THIS CAUSE came before the Court on case management review. Based on the review of the file, and pursuant to Rule 2.545, Fla. R. Jud. Admin., the Court has established Case Management Deadlines, and it is hereby ORDERED that: 1. The parties shall comply with these Case Management Deadlines until further order of court. The parties shall strictly comply with the deadlines and should expect that the case will be tried during the anticipated trial period specified, without continuances. The parties cannot agree to extend the deadlines and cannot agree to waive any portion of the provisions of this order. 2. Procedural Requirements: In addition to strict adherence to the Florida Rules of Civil Procedure and the Administrative Orders of the Court, the parties shall comply with the Case Management Procedures in this order. The parties may not unilaterally extend any of the deadlines contained in the Case Management Procedures. Deadlines may be altered by the Court where the interests of justice so require, upon prompt motion, notice and hearing. CASE MANAGEMENT DEADLINES 120 Days from filing of Deadline for Service of Complaint: Complaint Deadline for Propounding Requests for Production, 12/08/2021 Requests to Admit and Interrogatories: Deadline for Initial Scheduling and Setting Depositions: 12/28/2021 Deadline for Witness and Exhibit List: 02/16/2022 Case No: 2021-013651-CA-01 Page 1 of 5 Deadline for Expert Disclosure: 02/16/2022 Deadline for Inspections/Examinations: 02/16/2022 Deadline for Adding Parties: 02/16/2022 Deadline for Discovery Completion (Including 03/08/2022 Depositions): Deadline for Dispositive Motions: 04/07/2022 Deadline for ADR/Mediation: 04/27/2022 Deadline for Pretrial Motions and Jury Instructions: 06/06/2022 Trial Ready Deadline: 07/06/2022 CASE MANAGEMENT PROCEDURES Motion Practice 1. Duty to Communicate: Prior to filing any motion, counsel have a duty to confer with each other directly in good faith, not through staff, to attempt to narrow or resolve issues. “In good faith” means you are professional and temperate in your communications, you return phone calls and emails in a timely manner, and you do not set unreasonable deadlines for responses. 2. Scheduling of Hearings: Motions filed (other than dispositive motions or those requiring testimony) must be noticed for hearing on the first available motion calendar. Motions not promptly set for hearing may be ruled upon by the Court on the papers. 3. Compelling Discovery where there has been no response: The parties are to comply with Administrative Order 06-09 when moving to compel production of propounded discovery. These motions shall be submitted via courtMAP with supporting documents and shall not be placed on motion calendar. 4. Motions for Protective Order: Motions for protective order must be filed as soon as the grounds are known. Counsel should be coordinating deposition dates for specific parties/witnesses and have a duty to confer regarding any issues that would be the subject of a motion for protective order prior to scheduling the deposition. The filing of the motion must not be delayed until immediately prior to the scheduled deposition. A motion for protective order does not automatically stay the deposition and the deposition shall proceed unless an order granting the motion is entered by the Court. 5. Motions for Extension: Motions for extension of time must state with specificity the reason why extension is needed and anticipated deadline for competition, which may not exceed the time allowed for the original deadline absent extraordinary circumstances. The Court may rule upon submission of the motion without a hearing. Any motion for extension of time must be preceded by a meet and confer with opposing counsel and absent agreement, be set for hearing immediately upon filing. Counsel should be prepared to respond promptly in the event the motion is denied. 6. Dispositive Motions: Motions which may dispose of specific issues, portions of the case or the entire case should be filed and set for hearing as soon as possible. Parties wishing to Case No: 2021-013651-CA-01 Page 2 of 5 pursue a dispositive motion should target the essential discovery promptly. Parties should confer to assure necessary discovery is scheduled to be completed and will be completed prior to a special set hearing date. Last minute cancellations are disfavored. 7. Amendment of Pleadings: Motions to amend should be filed so as not to affect the date of trial. Although the Court recognizes the rule of liberality with regard to amendment of pleadings, liberality declines with an approaching trial date unless the amendment involves newly discovered information not previously available. Review your pleadings for necessary amendment(s) early, not as part of last-minute trial preparation. Discovery 8. Written Discovery shall be propounded promptly: a. Objections: If objections to written discovery involve the phrasing of the request or time frame of any discovery request, these objections may not be extended (even if the parties agree) and are due at the time the initial response is due. Failure to timely make these objections, constitutes a waiver. Parties shall comply with the “Duty to Communicate” above, prior to setting timely made objections for hearing. b. Documents made available for inspection and copying: If discovery responses provide that the documents are available for inspection and copying at a mutually convenient time and place, the responding party shall immediately (within 48 hours) provide three alternative dates and times that the documents are available for inspection and copying. All of the dates shall be within ten (10) days. Failure to provide the dates and times shall constitute a failure to respond to discovery. Review shall occur within fifteen (15) days of the response, absent extraordinary circumstances. Examples of “extraordinary circumstances” include a sole practitioner in trial on another case, a medical emergency, prepaid vacation, and a death in the family. c. Privilege Logs: Privilege logs are due at the time of the response and may not be reserved to be provided later. Privilege logs must specifically identify the document in accordance with Rule 1.280(b)(6), Fla.R.Civ.P. Failure to timely provide the privilege log may result in the waiver of the privilege. This procedure requires preparation of a privilege log with respect to all documents, electronically stored information, things and oral communications withheld on the basis of a claim of privilege or work product except the following: written and oral communications between a party and their counsel after commencement of the action and work product material created after commencement of the action. Parties are instructed that where they believe that the divulgence of the logging Case No: 2021-013651-CA-01 Page 3 of 5 information would necessarily cause disclosure of the allegedly privileged information, they must identify that the item exists and that in camera review by the court will be sought. The item may be described generically. However, if the Court determines that there is nothing inherent in the divulgence of the existence of the document or the logging information required that would violate privilege, the Court will impose sanctions for any in camera request determined to be frivolous. In camera requests by the party claiming the privilege must be signed by both the requesting attorney and the client, so as to assure that all are aware of the request and the consequences. d. Expert Disclosure: Parties should furnish opposing counsel with the names and addresses of all expert witness under Rule 1.390(a) to be called at trial and all information regarding expert testimony that is required by Rule 1.280(b)(5). Each party is limited to one expert per specialty. No other expert testimony should be permitted at trial. Information furnished pursuant to this paragraph should be timely filed. 9. Depositions: The parties are ordered to block time now for necessary depositions to be set in this case Expert deposition time should be coordinated and blocked as soon as experts are known to ensure compliance with this schedule. Depositions may commence at any time. Refer to paragraph 4 above regarding motions for protective order. Witness and Exhibits Lists 10. Witness and Exhibit Lists: The parties shall timely exchange their witness and exhibit lists. The lists shall include complete proper names and addresses. If counsel chooses to list their bar address as the witness’ address, counsel is deemed to have agreed to produce the witness voluntarily as they have withheld the information necessary for a witness subpoena, and counsel will be responsible for assuring that witness’ presence at trial. Case No: 2021-013651-CA-01 Page 4 of 5 Mediation 11. Mediation: Parties must mediate by the Court’s deadline. The parties are responsible for assuring that they have all the necessary information to value their position prior to mediation. If the parties fail to mediate before the mediation deadline, sanctions shall be imposed by the Court. Failure to timely mediate shall not constitute just cause for a trial continuance. DONE and ORDERED in Chambers at Miami-Dade County, Florida on this 4th day of November, 2021. 2021-013651-CA-01 11-04-2021 9:04 AM Hon. Valerie R. Manno Schurr CIRCUIT COURT JUDGE Electronically Signed No Further Judicial Action Required on THIS MOTION CLERK TO RECLOSE CASE IF POST JUDGMENT Electronically Served: Christopher Foster, upciceservice01@universalproperty.com Christopher Foster, dh0615@universalproperty.com Christopher Foster, cf0518@universalproperty.com Julissa Nethersole, upciceservice01@universalproperty.com Julissa Nethersole, mc0629@universalproperty.com Julissa Nethersole, jn0615@universalproperty.com Moshe Rubinstein, service@moshelaw.com Moshe Rubinstein, moshe@moshelaw.com Omar J. Perez, upciceservice01@universalproperty.com Omar J. Perez, er0810@universalproperty.com Omar J. Perez, op1215@universalproperty.com Physically Served: Case No: 2021-013651-CA-01 Page 5 of 5