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IN THE COUNTY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
FOR HILLSBOROUGH COUNTY, FLORIDA
COUNTY CIVIL DIVISION
LCM Imaging, Inc. ; KELLY BYRON Case No: 21-CC-045936
Plaintiff
vs
Division: H
Garrison Property & Casualty Insurance Company
Defendant
DIFFERENTIATED CASE MANAGEMENT ORDER ESTABLISHING DEADLINES
(COUNTY CIVIL CASES FILED PRIOR TO APRIL 30, 2021 AT 11:59 PM)
THIS CAUSE comes before the Court on review of Amendment 2 to Florida Supreme Court
Administrative Order AOSC21-17 (the "Supreme Court Order"). The Supreme Court Order
directs that the chief judge of each circuit issue an administrative order requiring the presiding
judge for each civil case to actively manage civil cases pursuant to a differentiated case
management process. Consistent with this requirement, the Chief Judge of the Thirteenth Judicial
Circuit issued Administrative Order S-2021-024 (the "Case Management Plan") on April 26, 2021.
Accordingly, it is ORDERED and ADJUDGED:
1. Designation of Case. This case is designated as either a Streamlined civil case or
a General civil case, as defined by the Supreme Court Order and the Case Management Plan.
The initial designation, based on the case type indicated at filing, can be found in section 1. of the
Case Management Plan.
2. Inapplicability. If this matter is currently set for final hearing or trial, or judgment has been
entered as to all parties, the below deadlines do not apply.
3. Plaintiff's Obligation to Serve DCM Order on All Defendants. If service of the complaint has
not yet been made on any named Defendant, then Plaintiff is ORDERED to serve a copy of this
Differentiated Case Management Order Establishing Deadlines (the "DCM Order") on each and
every named Defendant in the same manner and at the same time as the complaint itself is
served.
4. Procedure for Modification of Deadlines. Counsel or any self-represented parties, or both,
may seek to modify the deadlines set forth in this order by filing a motion and requesting it be set
for hearing. The Court will either rule on the motion or schedule it for a hearing.
5. Firm Trial Date. Consistent with the Supreme Court Order's mandate, the deadlines set forth in
this DCM Order contemplate a projected trial date depending on the designation of the case and
the date the case was filed. A firm pretrial conference and trial date will be set through entry of a
separate order by the presiding judge for each civil case.
6. Failure to Comply. The failure to comply with any part of this DCM Order may result in
dismissal of the complaint without prejudice; entry of a judicial default; monetary sanctions
against counsel or any self-represented parties, or both; or any other sanctions deemed
appropriate by the Court.
7. Requirement to Review and Comply with Administrative Order for County Civil
Division. Counsel and any self-represented parties are directed to review and comply with all
provisions of the Thirteenth Circuit's Administrative Order S-2021-057 (County Civil Division),
and any superseding or successive administrative order, as well as the presiding judge's
procedures and preferences available under the "Procedures/Preferences" of the undersigned's
12/10/2021 12:46:05 PM Electronically Filed: Hillsborough County/13th Judicial Circuit. Case #:Page
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page at http://www.fljud13.org.
8. Deadlines. The deadlines set forth herein are established and will govern this case and will be
enforced by the Court. Counsel and any self-represented parties are directed to review,
calendar, and abide by them.
a. Case designated as Streamlined civil case
Action or Event
Deadline for service of complaint.
• 120 days after entry of this DCM Order
[See Rule 1.070(j), Fla. R. Civ. P.]
Deadline for adding parties.
• 150 days after entry of this DCM Order
[Subject to Rule 1.210, Fla. R. Civ. P.]
Deadline for service under extensions.
• 180 days after entry of this DCM Order
[See Rule 1.420(e), Fla. R. Civ. P.]
Deadline for completion of fact and expert discovery.
• 240 days after entry of this DCM Order
[NOTE: All discovery must be served in time for a timely response to be received prior to the
deadline for completion of fact discovery. All non-expert witness depositions must occur prior
to the completion of fact discovery. Failure to timely complete discovery by the deadline may
result in, among other things, exclusion of evidence or other sanctions, or both.]
Deadline for filing motion to compel discovery.
• 254 days after entry of this DCM Order
Deadline for filing stipulated Notice for Trial or a Motion to Set Case for Trial.
• 260 days after entry of this DCM Order
Deadline for completion of mediation or non-binding arbitration.
• 300 days after entry of this DCM Order
Deadline for filing any dispositive motions, objections to pleadings, or pretrial
motions.
• 315 days after entry of this DCM Order
Month and Year of the projected trial term.
• 360 days after entry of this DCM Order
[The trial week will be set by an Order Setting Case for Trial & Pretrial at a later
date; see Florida Rule of General Practice and Judicial Administration 2.250(a)(1)(B).]
b. Case designated as General civil case
Action or Event
Deadline for service of complaint.
For cases filed before January 1, 2019:
• 45 days after entry of this DCM Order
For cases filed January 1, 2019–December 31, 2019:
• 60 days after entry of this DCM Order
For cases filed January 1, 2020–April 30, 2021:
• 120 days after entry of this DCM Order
[See Rule 1.070(j), Fla. R. Civ. P.]
Deadline for adding parties.
For cases filed before January 1, 2019:
• 45 days after entry of this DCM Order
For cases filed January 1, 2019–December 31, 2019:
• 60 days after entry of this DCM Order
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For cases filed January 1, 2020–April 30, 2021:
• 150 days after entry of this DCM Order
[subject to Rule 1.210, Fla. R. Civ. P.]
Deadline for service under extensions.
For cases filed before January 1, 2019:
• 60 days after entry of this DCM Order
For cases filed January 1, 2019–December 31, 2019:
• 90 days after entry of this DCM Order
For cases filed January 1, 2020–April 30, 2021:
• 180 days after entry of this DCM Order
[See Rule 1.070(j), Fla. R. Civ. P.]
Deadline for completion of fact discovery.
For cases filed before January 1, 2019:
• 90 days after entry of this DCM Order
For cases filed January 1, 2019–December 31, 2019:
• 180 days after entry of this DCM Order
For cases filed January 1, 2020–April 30, 2021:
• 270 days after entry of this DCM Order
[NOTE: All discovery must be served in time for a timely response to be received prior to the
deadline for completion of fact discovery. All non-expert witness depositions must occur prior
to the completion of fact discovery. Failure to timely complete discovery by the deadline may
result in, among other things, exclusion of evidence and/or sanctions.]
Deadline for filing motion to compel discovery.
For cases filed before January 1, 2019:
• 104 days after entry of this DCM Order
For cases filed January 1, 2019–December 31, 2019:
• 194 days after entry of this DCM Order
For cases filed January 1, 2020–April 30, 2021:
• 284 days after entry of this DCM Order
Plaintiff's expert disclosure deadline.
For cases filed before January 1, 2019:
• 120 days after entry of this DCM Order
For cases filed January 1, 2019–December 31, 2019:
• 210 days after entry of this DCM Order
For cases filed January 1, 2020–April 30, 2021:
• 300 days after entry of this DCM Order
Defendant's expert disclosure deadline.
For cases filed before January 1, 2019:
• 150 days after entry of this DCM Order
For cases filed January 1, 2019–December 31, 2019:
• 240 days after entry of this DCM Order
For cases filed January 1, 2020–April 30, 2021:
• 330 days after entry of this DCM Order
Rebuttal expert disclosure deadline.
For cases filed before January 1, 2019:
• 164 days after entry of this DCM Order
For cases filed January 1, 2019–December 31, 2019:
• 254 days after entry of this DCM Order
For cases filed January 1, 2020–April 30, 2021:
• 344 days after entry of this DCM Order
Deadline for filing stipulated Notice for Trial or a Motion to Set Case for Trial.
For cases filed before January 1, 2019:
• 180 days after entry of this DCM Order
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For cases filed January 1, 2019–December 31, 2019:
• 270 days after entry of this DCM Order
For cases filed January 1, 2020–April 30, 2021:
• 360 days after entry of this DCM Order
Deadline for completion of compulsory medical exam, if applicable and requested
("CME").
For cases filed before January 1, 2019:
• 210 days after entry of this DCM Order
For cases filed January 1, 2019–December 31, 2019:
• 300 days after entry of this DCM Order
For cases filed January 1, 2020–April 30, 2021:
• 390 days after entry of this DCM Order
[subject to Rule 1.360(a)(1)(A), Fla. R. Civ. P.]
Deadline for completion of expert discovery.
For cases filed before January 1, 2019:
• 240 days after entry of this DCM Order
For cases filed January 1, 2019–December 31, 2019:
• 330 days after entry of this DCM Order
For cases filed January 1, 2020–April 30, 2021:
• 420 days after entry of this DCM Order
Deadline for filing any dispositive motion, Daubert motion or objection to pleadings.
For cases filed before January 1, 2019:
• 240 days after entry of this DCM Order
For cases filed January 1, 2019–December 31, 2019:
• 330 days after entry of this DCM Order
For cases filed January 1, 2020–April 30, 2021:
• 420 days after entry of this DCM Order
Deadline for completion of mediation or non-binding arbitration.
For cases filed before January 1, 2019:
• 247 days after entry of this DCM Order
For cases filed January 1, 2019–December 31, 2019:
• 337 days after entry of this DCM Order
For cases filed January 1, 2020–April 30, 2021:
• 427 days after entry of this DCM Order
Date of the pretrial meeting between counsel and any self-represented parties.
For cases filed before January 1, 2019:
• 270 days after entry of this DCM Order
For cases filed January 1, 2019–December 31, 2019:
• 360 days after entry of this DCM Order
For cases filed January 1, 2020–April 30, 2021:
• 450 days after entry of this DCM Order
Deadline for filing the joint final pretrial statement, any motion in limine, proposed jury
instructions, and verdict form.
For cases filed before January 1, 2019:
• 300 days after entry of this DCM Order
For cases filed January 1, 2019–December 31, 2019:
• 390 days after entry of this DCM Order
For cases filed January 1, 2020–April 30, 2021:
• 480 days after entry of this DCM Order
Date of the final pretrial conference.
For cases filed before January 1, 2019:
• 330 days after entry of this DCM Order
For cases filed January 1, 2019–December 31, 2019:
12/10/2021 12:46:05 PM Electronically Filed: Hillsborough County/13th Judicial Circuit. Case #:Page
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• 420 days after entry of this DCM Order
For cases filed January 1, 2020–April 30, 2021:
• 510 days after entry of this DCM Order
Month and Year of the projected trial term.
For cases filed before January 1, 2019:
• 360 days after entry of this DCM Order
For cases filed January 1, 2019–December 31, 2019:
• 450 days after entry of this DCM Order
For cases filed January 1, 2020–April 30, 2021:
• 540 days after entry of this DCM Order
[The trial week will be set by an Order Setting Case for Trial & Pretrial at a later date; see
Florida Rule of General Practice and Judicial Administration 2.250(a)(1)(B).]
Done and Ordered in Hillsborough County, Florida this 10th day of December, 2021.
21-CC-045936 12/10/2021 12:46:04 PM
21-CC-045936 12/10/2021 12:46:04 PM
James S. Moody, Judge
12/10/2021 12:46:05 PM Electronically Filed: Hillsborough County/13th Judicial Circuit. Case #:Page
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Copies Furnished To:
Plaintiff Defendant
LCM Imaging, Inc. Attorney: LAURA JOY PINKERTON
3705 North Himes Avenue MS. LAURA JOY PINKERTON 201 E
Tampa, FL 33607 KENNEDY BLVD STE 1100 FL TAMPA
TAMPA, FL 33602
KELLY BYRON
Garrison Property & Casualty Insurance
Attorney: AMY TESS SULLIVAN Company
MORGAN & MORGAN 3705 N HIMES AVE 200 E. Gaines St.
TAMPA, FL 33607 Tallahassee, FL 32399
Version # [17.0]
12/10/2021 12:46:05 PM Electronically Filed: Hillsborough County/13th Judicial Circuit. Case #:Page
21-CC-045936
6
Preview
IN THE COUNTY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT FOR HILLSBOROUGH COUNTY, FLORIDA COUNTY CIVIL DIVISION LCM Imaging, Inc. ; KELLY BYRON Case No: 21-CC-045936 Plaintiff vs Division: H Garrison Property & Casualty Insurance Company Defendant DIFFERENTIATED CASE MANAGEMENT ORDER ESTABLISHING DEADLINES (COUNTY CIVIL CASES FILED PRIOR TO APRIL 30, 2021 AT 11:59 PM) THIS CAUSE comes before the Court on review of Amendment 2 to Florida Supreme Court Administrative Order AOSC21-17 (the "Supreme Court Order"). The Supreme Court Order directs that the chief judge of each circuit issue an administrative order requiring the presiding judge for each civil case to actively manage civil cases pursuant to a differentiated case management process. Consistent with this requirement, the Chief Judge of the Thirteenth Judicial Circuit issued Administrative Order S-2021-024 (the "Case Management Plan") on April 26, 2021. Accordingly, it is ORDERED and ADJUDGED: 1. Designation of Case. This case is designated as either a Streamlined civil case or a General civil case, as defined by the Supreme Court Order and the Case Management Plan. The initial designation, based on the case type indicated at filing, can be found in section 1. of the Case Management Plan. 2. Inapplicability. If this matter is currently set for final hearing or trial, or judgment has been entered as to all parties, the below deadlines do not apply. 3. Plaintiff's Obligation to Serve DCM Order on All Defendants. If service of the complaint has not yet been made on any named Defendant, then Plaintiff is ORDERED to serve a copy of this Differentiated Case Management Order Establishing Deadlines (the "DCM Order") on each and every named Defendant in the same manner and at the same time as the complaint itself is served. 4. Procedure for Modification of Deadlines. Counsel or any self-represented parties, or both, may seek to modify the deadlines set forth in this order by filing a motion and requesting it be set for hearing. The Court will either rule on the motion or schedule it for a hearing. 5. Firm Trial Date. Consistent with the Supreme Court Order's mandate, the deadlines set forth in this DCM Order contemplate a projected trial date depending on the designation of the case and the date the case was filed. A firm pretrial conference and trial date will be set through entry of a separate order by the presiding judge for each civil case. 6. Failure to Comply. The failure to comply with any part of this DCM Order may result in dismissal of the complaint without prejudice; entry of a judicial default; monetary sanctions against counsel or any self-represented parties, or both; or any other sanctions deemed appropriate by the Court. 7. Requirement to Review and Comply with Administrative Order for County Civil Division. Counsel and any self-represented parties are directed to review and comply with all provisions of the Thirteenth Circuit's Administrative Order S-2021-057 (County Civil Division), and any superseding or successive administrative order, as well as the presiding judge's procedures and preferences available under the "Procedures/Preferences" of the undersigned's 12/10/2021 12:46:05 PM Electronically Filed: Hillsborough County/13th Judicial Circuit. Case #:Page 21-CC-045936 1 page at http://www.fljud13.org. 8. Deadlines. The deadlines set forth herein are established and will govern this case and will be enforced by the Court. Counsel and any self-represented parties are directed to review, calendar, and abide by them. a. Case designated as Streamlined civil case Action or Event Deadline for service of complaint. • 120 days after entry of this DCM Order [See Rule 1.070(j), Fla. R. Civ. P.] Deadline for adding parties. • 150 days after entry of this DCM Order [Subject to Rule 1.210, Fla. R. Civ. P.] Deadline for service under extensions. • 180 days after entry of this DCM Order [See Rule 1.420(e), Fla. R. Civ. P.] Deadline for completion of fact and expert discovery. • 240 days after entry of this DCM Order [NOTE: All discovery must be served in time for a timely response to be received prior to the deadline for completion of fact discovery. All non-expert witness depositions must occur prior to the completion of fact discovery. Failure to timely complete discovery by the deadline may result in, among other things, exclusion of evidence or other sanctions, or both.] Deadline for filing motion to compel discovery. • 254 days after entry of this DCM Order Deadline for filing stipulated Notice for Trial or a Motion to Set Case for Trial. • 260 days after entry of this DCM Order Deadline for completion of mediation or non-binding arbitration. • 300 days after entry of this DCM Order Deadline for filing any dispositive motions, objections to pleadings, or pretrial motions. • 315 days after entry of this DCM Order Month and Year of the projected trial term. • 360 days after entry of this DCM Order [The trial week will be set by an Order Setting Case for Trial & Pretrial at a later date; see Florida Rule of General Practice and Judicial Administration 2.250(a)(1)(B).] b. Case designated as General civil case Action or Event Deadline for service of complaint. For cases filed before January 1, 2019: • 45 days after entry of this DCM Order For cases filed January 1, 2019–December 31, 2019: • 60 days after entry of this DCM Order For cases filed January 1, 2020–April 30, 2021: • 120 days after entry of this DCM Order [See Rule 1.070(j), Fla. R. Civ. P.] Deadline for adding parties. For cases filed before January 1, 2019: • 45 days after entry of this DCM Order For cases filed January 1, 2019–December 31, 2019: • 60 days after entry of this DCM Order 12/10/2021 12:46:05 PM Electronically Filed: Hillsborough County/13th Judicial Circuit. Case #:Page 21-CC-045936 2 For cases filed January 1, 2020–April 30, 2021: • 150 days after entry of this DCM Order [subject to Rule 1.210, Fla. R. Civ. P.] Deadline for service under extensions. For cases filed before January 1, 2019: • 60 days after entry of this DCM Order For cases filed January 1, 2019–December 31, 2019: • 90 days after entry of this DCM Order For cases filed January 1, 2020–April 30, 2021: • 180 days after entry of this DCM Order [See Rule 1.070(j), Fla. R. Civ. P.] Deadline for completion of fact discovery. For cases filed before January 1, 2019: • 90 days after entry of this DCM Order For cases filed January 1, 2019–December 31, 2019: • 180 days after entry of this DCM Order For cases filed January 1, 2020–April 30, 2021: • 270 days after entry of this DCM Order [NOTE: All discovery must be served in time for a timely response to be received prior to the deadline for completion of fact discovery. All non-expert witness depositions must occur prior to the completion of fact discovery. Failure to timely complete discovery by the deadline may result in, among other things, exclusion of evidence and/or sanctions.] Deadline for filing motion to compel discovery. For cases filed before January 1, 2019: • 104 days after entry of this DCM Order For cases filed January 1, 2019–December 31, 2019: • 194 days after entry of this DCM Order For cases filed January 1, 2020–April 30, 2021: • 284 days after entry of this DCM Order Plaintiff's expert disclosure deadline. For cases filed before January 1, 2019: • 120 days after entry of this DCM Order For cases filed January 1, 2019–December 31, 2019: • 210 days after entry of this DCM Order For cases filed January 1, 2020–April 30, 2021: • 300 days after entry of this DCM Order Defendant's expert disclosure deadline. For cases filed before January 1, 2019: • 150 days after entry of this DCM Order For cases filed January 1, 2019–December 31, 2019: • 240 days after entry of this DCM Order For cases filed January 1, 2020–April 30, 2021: • 330 days after entry of this DCM Order Rebuttal expert disclosure deadline. For cases filed before January 1, 2019: • 164 days after entry of this DCM Order For cases filed January 1, 2019–December 31, 2019: • 254 days after entry of this DCM Order For cases filed January 1, 2020–April 30, 2021: • 344 days after entry of this DCM Order Deadline for filing stipulated Notice for Trial or a Motion to Set Case for Trial. For cases filed before January 1, 2019: • 180 days after entry of this DCM Order 12/10/2021 12:46:05 PM Electronically Filed: Hillsborough County/13th Judicial Circuit. Case #:Page 21-CC-045936 3 For cases filed January 1, 2019–December 31, 2019: • 270 days after entry of this DCM Order For cases filed January 1, 2020–April 30, 2021: • 360 days after entry of this DCM Order Deadline for completion of compulsory medical exam, if applicable and requested ("CME"). For cases filed before January 1, 2019: • 210 days after entry of this DCM Order For cases filed January 1, 2019–December 31, 2019: • 300 days after entry of this DCM Order For cases filed January 1, 2020–April 30, 2021: • 390 days after entry of this DCM Order [subject to Rule 1.360(a)(1)(A), Fla. R. Civ. P.] Deadline for completion of expert discovery. For cases filed before January 1, 2019: • 240 days after entry of this DCM Order For cases filed January 1, 2019–December 31, 2019: • 330 days after entry of this DCM Order For cases filed January 1, 2020–April 30, 2021: • 420 days after entry of this DCM Order Deadline for filing any dispositive motion, Daubert motion or objection to pleadings. For cases filed before January 1, 2019: • 240 days after entry of this DCM Order For cases filed January 1, 2019–December 31, 2019: • 330 days after entry of this DCM Order For cases filed January 1, 2020–April 30, 2021: • 420 days after entry of this DCM Order Deadline for completion of mediation or non-binding arbitration. For cases filed before January 1, 2019: • 247 days after entry of this DCM Order For cases filed January 1, 2019–December 31, 2019: • 337 days after entry of this DCM Order For cases filed January 1, 2020–April 30, 2021: • 427 days after entry of this DCM Order Date of the pretrial meeting between counsel and any self-represented parties. For cases filed before January 1, 2019: • 270 days after entry of this DCM Order For cases filed January 1, 2019–December 31, 2019: • 360 days after entry of this DCM Order For cases filed January 1, 2020–April 30, 2021: • 450 days after entry of this DCM Order Deadline for filing the joint final pretrial statement, any motion in limine, proposed jury instructions, and verdict form. For cases filed before January 1, 2019: • 300 days after entry of this DCM Order For cases filed January 1, 2019–December 31, 2019: • 390 days after entry of this DCM Order For cases filed January 1, 2020–April 30, 2021: • 480 days after entry of this DCM Order Date of the final pretrial conference. For cases filed before January 1, 2019: • 330 days after entry of this DCM Order For cases filed January 1, 2019–December 31, 2019: 12/10/2021 12:46:05 PM Electronically Filed: Hillsborough County/13th Judicial Circuit. Case #:Page 21-CC-045936 4 • 420 days after entry of this DCM Order For cases filed January 1, 2020–April 30, 2021: • 510 days after entry of this DCM Order Month and Year of the projected trial term. For cases filed before January 1, 2019: • 360 days after entry of this DCM Order For cases filed January 1, 2019–December 31, 2019: • 450 days after entry of this DCM Order For cases filed January 1, 2020–April 30, 2021: • 540 days after entry of this DCM Order [The trial week will be set by an Order Setting Case for Trial & Pretrial at a later date; see Florida Rule of General Practice and Judicial Administration 2.250(a)(1)(B).] Done and Ordered in Hillsborough County, Florida this 10th day of December, 2021. 21-CC-045936 12/10/2021 12:46:04 PM 21-CC-045936 12/10/2021 12:46:04 PM James S. Moody, Judge 12/10/2021 12:46:05 PM Electronically Filed: Hillsborough County/13th Judicial Circuit. Case #:Page 21-CC-045936 5 Copies Furnished To: Plaintiff Defendant LCM Imaging, Inc. Attorney: LAURA JOY PINKERTON 3705 North Himes Avenue MS. LAURA JOY PINKERTON 201 E Tampa, FL 33607 KENNEDY BLVD STE 1100 FL TAMPA TAMPA, FL 33602 KELLY BYRON Garrison Property & Casualty Insurance Attorney: AMY TESS SULLIVAN Company MORGAN & MORGAN 3705 N HIMES AVE 200 E. Gaines St. TAMPA, FL 33607 Tallahassee, FL 32399 Version # [17.0] 12/10/2021 12:46:05 PM Electronically Filed: Hillsborough County/13th Judicial Circuit. Case #:Page 21-CC-045936 6