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*** FILED: BROWARD COUNTY, FL Howard C. Forman, CLERK 6/16/2014 2:09:32 PM.****
ALL PARTIES MUST READ CAREFULLY.
FULL COMPLIANCE IS MANDATORY!
IN THE COUNTY COURT IN AND
FOR BROWARD COUNTY, FLORIDA
SYNERGY CHIROPRACTIC & WELLNESS CASE NO.: 12-22781 COCE 53
CENTER, INC. (a/a/o Elodie Lindor),
Plaintiff, JUDGE: ROBERT W. LEE
v.
ORDER SETTING PRETRIAL
ALLSTATE PROPERTY & CASUALTY DEADLINES WITH REFERRAL
INSURANCE COMPANY, TO ARBITRATION
Defendant.
/
BY ORDER OF THE COURT:
REQUIREMENTS OF PRETRIAL ORDER CANNOT BE WAIVED BY STIPULATION.
DISCOVERY must be completed no later than 50 days from the date of this Order.
EXPERT WITNESSES shall be disclosed by the Plaintiff no later than 20 days from the date of
this Order and by Defendant no later than 30 days from the date of this Order. No continuances
will be granted because expert witnesses are unavailable for trial, since their testimony may be
preserved by deposition.
A JOINT PRETRIAL STIPULATION must be filed by all counsel of record no later than 50
days from the date of this Order. THE COURT DOES NOT ACCEPT UNILATERAL
PRETRIAL STIPULATIONS! It is the responsibility of all parties to cooperate in good faith in
preparation of the Joint Pretrial Stipulation. FAILURE TO COMPLY WITH THIS
REQUIREMENT WILL RESULT IN SANCTIONS! Any Unilateral Pretrial Stipulation filed
will be sua sponte STRICKEN and sanctions imposed on the party filing it.
Said Stipulation shall contain the following in separately numbered paragraphs:
1. Concise, impartial statement of the facts of case.
2. List of any stipulated facts requiring no proof at trial.
3. Statement of disputed issues of law and fact to be tried.
4. Exhibits shall be listed by number and description on a separate schedule attached
to the stipulation, and any evidentiary objections to any exhibit of an opposing party shall bedelineated with specificity. (ALL EXHIBITS MUST BE BROUGHT TO THE PRE-TRIAL
CONFERENCE FOR PRE-MARKING.)
5. Witnesses’, including "rebuttal" or "impeachment" witnesses, names and
addresses shall be listed by name numerically on a separate schedule attached to the stipulation.
All expert witnesses shall be so designated.
6. AGREED JURY INSTRUCTIONS AND DISPUTED JURY INSTRUCTIONS
(MUST BE FILED WITH THE PRETRIAL STIPULATION).
7. AGREED VERDICT FORM OR DISPUTED VERDICT FORMS (MUST BE
FILED WITH THE PRETRIAL STIPULATION).
8. The number of preemptory challenges for each party.
9. A list of all pending motions requiring action by Court.
Failure to file a complete Pretrial Stipulation, including jury instructions and verdict forms, will
result in postponement of the trial, or sanctions including dismissal and/or default.
At trial the parties shall be STRICTLY LIMITED to exhibits and witnesses disclosed and
objections reserved in the pretrial stipulation. A party desiring to use an exhibit, examination or
test result, or witness discovered after the deadlines set forth in this Order must immediately,
upon discovery, notify all other counsel and the Court. Use of the exhibit, examination or test
result, or witness may be allowed for good cause shown or to prevent manifest injustice.
MOTIONS FOR SUMMARY JUDGMENT will NOT be heard at the pretrial conference or at
the time of trial.
NO CONTINUANCES will be granted without prior written motion and Order.
SIMULTANEOUSLY HEREWITH, the parties are being referred to mandatory non-binding
arbitration, which shall be completed within 90 days of the date of this Order.
FAILURE TO ARBITRATE IN GOOD FAITH OR ATTEND THE PRETRIAL
CONFERENCE MAY RESULT IN DISMISSAL OR DEFAULT.
At the pretrial conference, the Court may also consider pending motions and may
1. set or reset the time of trial, subject to Rule 1.440(c);
2. coordinate the progress of the action, particularly if complex litigation factors are
present;
3. schedule or hear motions in limine;4. pursue the possibilities of settlement;
5. consider referring issues to a master for findings of fact;
6. schedule other conferences or determine other matters that may aid in the
disposition of the action.
JUN 16 aga
Rave Whe
ROBERT W. LEE
COUNTY COURT JUDGE
ORDERED at Ft. Lauderdale, Florida on
Copies Furnished by Court
Copies furnished:
Nathan Avrunin, Esq., 5595 Orange Drive, Ste. 101, Davie, FL 33314
Douglas G. Brehm, Esq., 201 S. Biscayne Blvd., Ste. 1500, Miami, FL 33131
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 Diana Sobel, Room 470, 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 than 7 days; if
you are hearing or voice impaired, call 711.