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Filing # 111849467 E-Filed 08/15/2020 04:44:30 PM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR
COLLIER COUNTY, FLORIDA CIVIL ACTION
DORIS M SWIDER
Plaintiff(s),
vs CASE NO: 11-2019-CA-001883-0001-XX
UNIVERSAL INSURANCE COMPANY OF
NORTH AMERICA
Defendant(s).
/
AMENDED
ORDER SETTING TRIAL AND PRETRIAL CONFERENCE
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
For Judge Krier, Pursuant to Rule 1.200 of the Florida Rules of Civil Procedure,
Collier County Pretrial Conference is scheduled on March 15, 2021 at 11:00 A.M. in
the Courtroom assigned to Judge Krier or the presiding Judge on this
date at 3315 Tamiami Trail East, Naples, FL.
2. Attendance at Pretrial Conference
For Judge Krier, Appearance at the Pretrial Conference by lead counsel trying the
Collier County case and all self-represented-parties is mandatory.
3. Trial Period
For Judge Krier, This cause is set for trial before the undersigned judge in the
Collier County Courtroom assigned to her on this date at the Collier County
Courthouse located at 3315 Tamiami Trail East, Naples, FL, during
the trial period beginning April 21, 2021. 4 - 5 days (Jury) have
been requested for this trial, The Court may continue this trial if at
the pre-trial conference it appears that additional time is required
1
FILED: COLLIER COUNTY, CRYSTAL K. KINZEL, CLERK, 08/15/2020 04:44:30 PMand the other cases set for this trial period are jeopardized. 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. PLEASE NOTE
that if your case has been ordered to non-binding arbitration,
that although this Order hereby sets this matter for trial, it is
only for purposes of place holding and finalization of deadlines
in the event a party timely moves for a trial de novo. If a party
fails to properly and timely move for a trial de novo, any such
reserved dates for trial will be cancelled and a judgment
entered in accordance with the arbitration decision.
4. Pre-trial Events
A. Exchange of Witness and Exhibit Lists. No later than thirty (30) days prior to the Pretrial
Conference date, counsel and/or parties 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 opinion of any expert witness. This is not intended to extend the time frames set
forth in the Plan, but rather to identify those witnesses that will in good faith actually be called. No party
shall be permitted to call any witness at trial not so disclosed, without prior permission of the Court, or
written stipulation executed by all parties, or if represented, their counsel. This includes witnesses who
may be called for the purposes of impeachment and rebuttal.
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.
Cc. 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 cach 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. Each Party
or counsel for each Party shall give the other Parties or their counsel a copy
of the actual exhibits and documentary evidence that they intend have
admitted at trial. (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 and delivered will not be
admissible absent prior approval of the Court or a written stipulation of all
parties. “Prior approval” does NOT mean at or during trial.
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
2 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 those sections of the Pretrial Conference/Trial Order.
2unnecessary proof (i.¢., chain of custody or records custodian predicates).
Review all depositions or any other evidence which will be offered for any purpose
other than impeachment to resolve objections to the portions to be offered in
evidence.
Discuss the possibility of settlement.
If applicable, submit an itemized statement of special damages the Plaintiff expects
to prove.
If a jury trial has been demanded, discuss jury instructions and verdict forms and
reach agreement, if possible, on same.
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.
Draft one Pretrial Conference Order’, signed by all participating counsel and pro-
se parties. The Pretrial Conference Order shall be filed with the Collier County
Clerk’s Office and a copy submitted directly to:
For Judge Krier, i¢ Judge at least 7 days prior to the Pretrial
Collier County ference. The Agreed Pretrial Conference Order
ill also be considered timely if the parties submit a
urtesy copy of the signed original to the Court via
‘'alexander@ca.cjis20.org not later than 7 calendar
lays prior to the Pretrial Conference. Any omissions,
leletions, or changes to the Uniform Pretrial
nference/Trial Order will be deemed by the Court as
issues not in dispute between the partics and any
bjections to those items or matters will be considered
andoned and/or waived.
In the event the parties are unable to agree on all matters in the Pretrial
Conference Order, they shall leave the matter(s) blank to which they cannot
agree and same will be resolved at the Pretrial Conference with the Court. It
is the responsibilities of the attorneys or unrepresented parties to raise such
unresolved issues before the Court at the Pre-trial Conference.
. 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 heard no later than
30 days prior to the commencement of the trial period that is set forth in this Order. Motions in
Limine must be filed and heard no later than 14 days prior to the commencement of the trial period
that is set forth in this Order. Motions not filed and scheduled in compliance with this Order will be heard
only upon a showing of good cause. All motions not heard 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. The Court does not hear these motions during trial, including the
first day of the trial.
2 See Judge Krier’s downloads on Judge Krier’s 20" Circuit webpage.
3E. Discovery. Counsel shall complete all discovery, including examinations, 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. Alternative 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 participate in non-binding arbitration in accordance with Section 44.103, Florida Statutes and Rule
1.800 Rules of Civil Procedure, in the event all parties so stipulate. (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 the
trial of the instant case is a JURY TRIAL and will require 5 days or more to
complete, then the parties SHALL go to non-binding arbitration no later than
90 days prior to the first day of the trial period that is scheduled in this Order.
A separate Arbitration Order will be issued simultaneously herewith.
G. 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 no later than 14 days prior to the commencement of the trial period that is set forth in this
Order, either by written agreement/stipulation or by a timely filed motion to be heard no later than 14 days
prior to the commencement of the trial period. Otherwise, said objections ARE DEEMED WAIVED.
Videos (DVD’s) shown at trial should be edited, as appropriate, prior to trial in order to avoid excessive
pausing, fast-forwarding, rewinding, ctc. of the video, which further ensures that the jury may not be
inadvertently exposed to inadmissible testimony. Use of deposition testimony at trial shall be noticed by
the filing of “Deposition Designations” NO LATER THAN 20 DAYS PRIOR to the Pre-Trial Conference
date and said deponents should also be listed as witnesses on the Party’s witness list who is submitting the
depositions. As set forth herein, objections to these designations must be filed and heard no later than
14 days prior to the commencement of the trial period that is set forth in this Order.
H. 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 to coordinate, retain, and pay for the services
of an interpreter or translator as necessary to present their case. 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.
L Exhibits. The parties SHALL deliver to each other copies of ALL exhibits that they
expect to use at trial no later than as ordered in this Order. The copies so delivered SHALL be
delivered as exhibits versus those documents that may have been produced previously as a part of
discovery. Failure to comply with this Order may result in the non-compliant party being prohibited
from using the exhibits not so delivered during the trial. These exhibits should also have been listed
on the Exhibit lists exchanged between the Parties as required elsewhere in this Order. It is suggested
that a sufficient number of clean duplicate copies be made of any proposed/potential exhibits for all counsel
and the Court. Reduction of exhibits to 8.5 x 11 inch size facilitates the use of the digital projector which
allows one to publish and project images of documents/exhibits. It is strongly suggested counsel make
4arrangements for stands and/or screens with the IT Department of the 20% Circuit’s Court Administration
at least two weeks advance of the trial so as to avoid delay. The Collier County Technology director is
Larry Rosemond at 239-252-2787. Court Administration may be contacted at 239-252-8800. Counsel is
responsible to bringing their own electronic device(s) necessary to their presentations and making
sure such devices are operable. 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 an exhibit if no other alternative
is readily available.
J. 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. Your case will not be removed from the trial docket until the Court receives these documents. The
Court does not take cases off its docket until it has received copies of settlement paperwork including a
Notice or Stipulation of Dismissal.
K. 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 lead 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.
L. Continuances. This Court adheres strictly to Florida Rule of Judicial Administration
2.545(e) and Florida Rule of Civil Procedure 1.460. Accordingly, motions for continuance and stipulations
and Motion to Amend Case Plan that change the trial period must be in writing and set forth the
following:
1, The signature of the party as well as the attorney.
2. A concise statement of the reasons for a continuance. If based on non-availability
of a witness, a showing of when it is believed the witness will be available must
be stated.
3. Length of time requested for the continuance and/or when the Case will be
subsequently ready to be tried.
Any stipulation must be approved or motion heard by the Court no later than Pre-Trial Conference. No
Motion will be heard that is not in compliance with this Order except upon good cause shown.
M. Approved Case Management Plan. Except as modified by this Order, the Approved Case
Management Plan shall remain in full force and effect.
N. Rules_and Requirements. All Counsel and/or Pro Se Parties are further required to
familiarize themselves with their assigned Judge's additional Rules and Requirements as it pertains to this
Order and any other Orders issued by the Court to ensure compliance. (See Judge Krier’s 20" Circuit
web page for her procedures.)
5. Trial Events
A. Trial schedule. Trials will be set from the list of the trials scheduled for the trial period for
which your case has been set. The Court will issue an Order after the Pre-Trial Conference that will attach
the list of trials scheduled for the trial period for which you are scheduled pursuant to this Order and their
sequence. Generally, the oldest cases as determined by date of filing, will be scheduled first. You are
expected to be ready for trial for the entire trial period for which you have been scheduled by this Order.
5You should contact the attorneys in the cases scheduled before yours or our office to receive information
as to when your case will be called for trial as cases settle. Generally, Judge Krier does not schedule date
certain trial times. As your case is reached on the trial list, your offices will be contacted. If you believe
you are legally entitled to a date certain trial date or priority trial scheduling, a motion should be filed and
addressed with the Court at a hearing no later than the Pre-Trial Conference.
B. Jurors. Absent extension by the Court, voir dire will generally be limited to 1 hour
maximum per side, exclusive of the Court’s inquiry. If either party requires additional time they shall
motion the Court prior to Pretrial 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 both parties.
Juror background investigations and motions related thereto must be brought before the jury retires to the
jury room to begin deliberations
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 attommeys’ fees, fines, striking of pleadings, and/or dismissal
Bsa Ko
Sig by Wl, Elsah Vin 11-2010. 00186-00011 O8/2020 HAT CRIT
Elizabeth Krier, 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 Charles Rice,
Administrative Services Manager, whose office is located at 3315 East
Tamiami Trail, 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."CERTIFICATE OF SERVICE
Pursuant to Rule 1.080 of the Florida Rules of Civil Procedure, copies of this Order have been forwarded
to, to the following via email:
Brittany Panter ,
,
Vicki Leis
Universal Insurance Company of North
America Claim
David John Lockard
,
Eric Kirby Gressman
,
,
Garrett Clifford Esq.
,
,
Jason Vishio ,
Jillian C Postal
,
,
Raysa Miranda
,
,
Kelly A Johnson ,
Michelle G. Ortiz
,
,
Tyler M. Dupuy
,
Doreen Vogel
Jason Nicholas Vishio
TAMMY ALEXANDER
Tammy Alexander, Judicial Assistant