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Filing # 126226424 E-Filed 05/05/2021 02:24:40 PM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR
COLLIER COUNTY, FLORIDA
CIVIL ACTION
NANCY BAXTER
Plaintiff(s),
VS. CASE NO: 11-2021-CA-000133-0001-XX
CITIZENS PROPERTY INSURANCE CORPORATION
Defendant(s).
/
UNIFORM ORDER SETTING JURY/NON JURY TRIAL, PRETRIAL CONFERENCE AND
DOCKET SOUNDING
THIS CAUSE comes before the Court on the Approved Agreed Case Management Plan of the
Parties (the “Plan”). Under the Plan this cause may be set for trial at this time pursuant to Rule 1.440,
Florida Rules of Civil Procedure, and it appearing this cause is otherwise at issue, it is hereby:
ORDERED AND ADJUDGED as follows:
1. Pretrial Conference
A Pretrial Conference is scheduled on May 26, 2022 at 9:30 A.M. in Courtroom 2-A, Second Floor,
Collier County Courthouse, 3315 East Tamiami Trail, Naples, Florida 34112 pursuant to Rule 1.200 of the
Florida Rules of Civil Procedure.
2. Attendance at Pretrial Conference
Appearance at the Pretrial Conference by lead counsel trying the case and all pro-se parties is mandatory
UNLESS an Agreed Pretrial Conference Order (which can be downloaded at
www.ca.cjis20.org/home/main/dcm.asp) has been submitted to the Court at least 7 calendar days in advance
of the scheduled Pretrial Conference and an Order approving the Agreed Pretrial Conference Order has
been entered by the Court.
3. Trial Period
This cause is set for trial during the July 11, 2022 - August 5, 2022 trial period beginning July 11,
2022 in Courtroom 2-A, Collier County Courthouse, 3315 East Tamiami Trail, Naples, FL before the
undersigned judge. Docket Sounding will be held on July 6, 2022 at 9:30 A.M. in Courtroom 2-A.
Appearance at the Docket Sounding by lead counsel trying the case and all pro-se parties is
mandatory. In the event this trial is commenced and it becomes apparent that sufficient time was not
requested, a mistrial may be declared and costs assessed against the party causing the over-run.
4, Pre-trial Events
A. Exchange of Expert & Lay Witnesses. No later than thirty (30) days prior to the Pretrial
Conference date, counsel and/or parties pro se shall file and exchange a list of the names and addresses of
all witnesses they in good faith intend to call at trial and include a concise statement of facts about which
the witness will testify or the opinion of any expert witness. This is not intended to extend the time frames
FILED: COLLIER COUNTY, CRYSTAL K. KINZEL, CLERK, 05/05/2021 02:24:40 PMset forth in the Plan, but rather to identify those witnesses who will in good faith actually be called. No
party shall be permitted to call any witness not so disclosed, without prior permission of the Court, or
written stipulation executed by all parties, or their counsel.
B. Fabre Defendants. No later than thirty (30) days prior to the Pretrial Conference date, all
Defendants or other persons sought to be placed on the verdict form and against whom some measure of
liability may be assessed by the jury, must be disclosed to the court and opposing counsel. No person or
entity not so disclosed may be placed on the verdict form without good cause shown.
C. Meeting Before Pretrial Conference. The attorneys for all parties (initiated by counsel for the
Plaintiff) and all pro-se parties shall meet no later than ten (10) days before the Pretrial Conference to!:
1. Identify all exhibits each party in good faith intends to offer into evidence at trial
and prepare an exhibit list for use by the Clerk and the Court at trial (actual exhibits
and documentary evidence shall be available for inspection at this time). (This is
not intended to extend the time frames set forth in the Plan, but rather to identify
those exhibits that will in good faith actually be offered into evidence at trial). Any
exhibits not so identified will not be admissible absent prior approval of the Court
or a written stipulation of all parties.
2. Agree to admit or not admit evidence and list specific objections, if any.
3. Stipulate to any matter of fact or law about which there is no issue in order to avoid
unnecessary proof (i.c., chain of custody or records custodian predicates).
4. Review all written and video depositions or any other evidence which will be
offered for any purpose (other than impeachment) and resolve objections to the
portions to be offered in evidence. See paragraph H.
5. Discuss the possibility of settlement.
6. Ifapplicable, submit an itemized statement of special damages the Plaintiff expects
to prove.
7. If a jury trial has been demanded, discuss jury instructions and verdict forms and
reach agreement, if possible, on same.
8. Discuss and complete any other matters which may simplify the issues or aid in
the speedy disposition of this action, the Pretrial Conference, and trial.
9. Draft one Pretrial Conference Order’, signed by all participating counsel and pro-
se parties. The Pretrial Conference Order shall be submitted directly to:
The Court at least 7 days prior to the Pretrial Conference. The Agreed Pretrial
Conference Order will also be considered timely if the parties submit a courtesy
copy of the signed original to the Court via email Brodie-APTCO@ca.cjis20.org
not later than 7 calendar days prior to the Pretrial Conference, and if the original is
1 Counsel and/or parties involved in cases to be tried without a jury need not address jury instructions or other
pretrial matters that involve a jury, and need not complete these sections of the Pretrial Conference/Trial Order.
? The Pretrial Conference Order can be downloaded from the Court’s website at
hittp://www.ca.cjis20.org/web/main/civil.aspmailed or hand delivered on the same day along with self-addressed and stamped
envelopes for all parties. Upon written approval by the Court, the original Agreed
Pretrial Conference Order will be filed with the Clerk of Court, a copy served on
all counsel and/or parties of record, and the Pretrial Conference shall be cancelled.
If the Court does not approve the Agreed Pretrial Conference Plan, the Pretrial
Conference will not be cancelled. Any omissions, deletions, or changes to the
Uniform Pretrial Conference/Trial Order will be deemed by the Court as issues not
in dispute between the parties and any objections to those items or matters will be
considered abandoned and/or waived.
In the event the parties are unable to agree on all matters in the Pretrial
Conference Order, they shall leave the unagreed matter(s) blank and
same will be resolved at the Pretrial Conference with the Court.
D. Motions. All motions shall be filed in accordance with the Plan except Motions in Limine. All
dispositive motions, including Motions for Summary Judgment, must be filed and scheduled for hearing
at least ten (10) days prior to the Pretrial Conference and must be heard no later than 30 days prior to
the commencement of the trial period. Motions in Limine must be filed and heard no later than 10
days prior to the date of the trial. Motions not filed and scheduled in compliance with this Order will be
heard only upon a showing of good cause. All motions not heard prior to 10 days before trial, as set forth
above will be deemed abandoned. Please be aware that if a party waits until the last minute to obtain
hearing time, there may not be any available.
E. Discovery. Counsel shall complete all discovery, including examinations and Daubert hearings,
pursuant to the Plan. The conduct of discovery subsequent to the Pretrial Conference will be allowed only
as permitted by the Plan, upon stipulation of the parties or upon Order of the Court for good cause. Any
discovery allowed subsequent to the Pretrial Conference shall not be a cause for delay of the trial of this
cause.
F. Frye/Daubert. All Frye or Daubert Hearings must be heard prior to the Pretrial Conference
or any objections to the admissibility of expert opinions or issues related thereto will be considered
abandoned and/or waived.
G. Altemative Dispute Resolution. All parties are required to participate in mediation or other
Alternative Dispute Resolution prior to trial in accordance with the Plan. In lieu of mediation, the parties
may go to non-binding arbitration in accordance with Section 44.103, Florida Statutes and Rule 1.800 Rules
of Civil Procedure. (Please_note, although captioned “non-binding” arbitration, the rendition of an
arbitrator’s decision is subject to ratification in a binding judgment in the event an objecting party fails to
both timely and correctly act as required by Florida law.)
If, however, the trial of the instant case will require more than 4 days for jury trials / more than 2 days
Sor non-jury trials or at the Court's discretion based on the age of the pending litigation or nature of the
allegations, the parties may be ordered to non-binding arbitration 30 days prior to the Pretrial
Conference date assigned.
H. Depositions for Use at Trial. In the interest of time, particularly out of respect and in appreciation
of the jury’s time dedication, objections raised in deposition transcripts/videos must be resolved prior to
the Docket Sounding, either by written agreement/stipulation or by a timely filed motion to be heard prior
to Docket Sounding. Otherwise said objections are waived. Videos (DVD’s) shown at trial should be edited,
as appropriate, prior to trial in order to avoid excessive pausing, fast-forwarding, rewinding, etc. of the
video, which further ensures that the jury may not be inadvertently exposed to inadmissible testimony.I. Court Reporting/Interpreters/Translators. Counsel should discuss retention of a court reporter in
advance of the trial and make appropriate scheduling arrangements so as to ensure the court reporter’s
timely appearance. It is the responsibility of counsel or pro se parties to coordinate, retain, and pay for the
services of a qualified interpreter or translator in accordance with Rule 2.565, Fla. R. Jud. Admin., as
necessary to present their case, unless the court has ordered otherwise. Trial will not be delayed due to
the failure to make timely arrangements for a court reporter, interpreter or translator to appear at
the duly noticed time.
J. Exhibits. It is suggested that a sufficient number of clean duplicate copies be made of any
proposed/potential exhibits for all counsel and the Court, which would include ample copies of
cases/precedent/statutory provisions that may be argued at trial. Reduction of exhibits to an 8% x 11 format
facilitates the use of the digital projector which allows one to publish and project images of
documents/exhibits. It is strongly suggested counsel make arrangements for digital projectors, stands,
and/or screens with the IT Department 10 days in advance of the trial so as to avoid delay. Counsel is
responsible to bring their own electronic device necessary to connect to said equipment and making sure
such device is compatible. Trial will not be delayed by Counsel’s failure to familiarize themselves with the
use of said electronics and may result in the waiver of admission of said exhibit if no other alternative is
teadily available.
K. Settlement. In the event of settlement at any time prior to trial, Plaintiff's Counsel shall
immediately notify the Court and submit a stipulation for an Order of Dismissal and a Final Disposition
form.
L. Representation and Authority. In order for the full purpose of the Pretrial Conference procedures
to be accomplished, each party shall be represented at all meetings and hearings required herein by the
attorney who will participate in the trial of the cause and who is vested with full authority to make
admissions and disclosure of facts, and to bind the client by agreement in respect to all matters pertaining
to the trial of this cause and the Pretrial Conference Order.
M. Continuances. This Court adheres strictly to Florida Rule of Judicial Administration 2.545(c) and
Florida Rule of Civil Procedure 1.460. Accordingly, motions for continuance and stipulations must be in
writing and set forth the following:
1. The signature of the party as well as the attommey.
2. A concise statement of the reasons for a continuance. If based on non-availability
of a witness, a statement of when it is believed the witness will be available.
Any stipulation must be approved or motion heard by the Court no later than docket sounding. No Motion
will be heard that is not in compliance with this Order except upon good cause shown.
N. Approved Case Management Plan. Except as modified by this Order, the Approved Case
Management Plan shall remain in full force and effect.
5. Trial Events
A. Voir Dire/Opening Statements. Absent extension by the Court, voir dire will generally be limited
to 45 minutes maximum per side, exclusive of the Court’s inquiry and 30 minutes for opening statements
unless additional time is requested and approved by the Court on/prior to the Pre-Trial Conference. Voir
dire is for selection of a fair and impartial jury, not argument. During voir dire with the panel of prospective
jurors, Counsel shall not discuss the specific facts of their case, other than those facts set forth in the
statement of the case or as agreed to by the parties. Juror background investigations and motions relatedthereto must be brought to the Court’s attention before the jury retires to the jury room to begin
deliberations; otherwise any such issues will be deemed waived.
6. Notice
Plaintiff, or if represented, Counsel for Plaintiff is directed to review this Order to ensure that it was
sent to all proper persons at current, proper addresses. The failure to immediately notify the Court may
result in this matter not being heard at the scheduled time.
7. Sanctions
The failure to comply with the requirements of this Order may subject the party and/or attorney to
appropriate sanctions, including the award of attorneys’ fees, fines, striking of pleadings, and/or dismissal
of the case.
8. POLICY
JUDGE BRODIE’S COURTROOM IS A SCENT-FREE COURTROOM. PLEASE
ENSURE THAT YOU, YOUR CLIENTS, WITNESSES, COURT REPORTERS & SUPPORT
STAFF DO NOT WEAR ANY SCENTED PRODUCTS TO JUDGE BRODIE’S
COURTROOM. THANK YOU.
DONE AND ORDERED in Chambers, Collier County, Florida on this 5th day of
May, 2021.
Signed by Brodin, Lauren Lin 11.2021-CA.000133-0001.2% 0518/2021 14.22.95 PeaFAKOE
Lauren L. Brodie, Circuit Court Judge
Electronic Service per e-Portal Service List:
Daniel A Alvarez , ,
Jake Alexander Roth ,
Jose Campos ,
Vannessa Mari-Milhem , ,
For Non-Jury Trials: The Court requires Each party shall submit to the Court
someone with full both an electronic version in Microsoft
settlement authority to Word & a typed copy of the proposed
be physically present at Final Judgment in conformance with
the start of trial. their respective positions at Docket
Sounding.For Jury Trials: The Court requires someone with full
settlement authority to be physically
present at the start of trial.
Each party shall submit
JURY INSTRUCTIONS SHALL BE to the Court both an
SUBMITTED AS ONE AGREED UPON electronic version in
PACKET WITH ANY DISPUTED Microsoft Word & a
INSTRUCTIONS FLAGGED FOR typed copy of the
REVIEW proposed jury
instructions and verdict
form(s) at Docket
Sounding.
“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 Charles Rice, Administrative
Services Manager, whose office is located at 3315 Tamiami Trail East, Suite
501, Naples, Florida 34112, and whose telephone number is (239) 252-8800,
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.”