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  • Cypress Property & Casualty Insurance Company Vs Weichelt, George Contract and Indebtedness document preview
  • Cypress Property & Casualty Insurance Company Vs Weichelt, George Contract and Indebtedness document preview
  • Cypress Property & Casualty Insurance Company Vs Weichelt, George Contract and Indebtedness document preview
  • Cypress Property & Casualty Insurance Company Vs Weichelt, George Contract and Indebtedness document preview
  • Cypress Property & Casualty Insurance Company Vs Weichelt, George Contract and Indebtedness document preview
  • Cypress Property & Casualty Insurance Company Vs Weichelt, George Contract and Indebtedness document preview
  • Cypress Property & Casualty Insurance Company Vs Weichelt, George Contract and Indebtedness document preview
  • Cypress Property & Casualty Insurance Company Vs Weichelt, George Contract and Indebtedness document preview
						
                                

Preview

IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION GEORGE & MEGAN WEICHELT, Plaintiff(s), vs. CASE NO. 17-CA-2221 CYPRESS PROPERTY & CASUALTY INSURANCE COMPANY, Defendant(s). / (JUDGE HAYES) (Effective April 2017) UNIFORM ORDER SETTING JURY/NON JURY 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 (c) 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 OCTOBER 17, 2018 at_1:30 p.m. in Courtroom 4-D, Fourth Floor, Collier County Courthouse, 3315 East Tamiami Trail, Naples, Florida pursuant to Rule 1.200 (b) 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) 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 1 week trial period beginning DECEMBER 18, 2018 in Courtroom 4-D, Collier County Courthouse, 3315 East Tamiami Trail, Naples, FL before the undersigned judge. In the event this trial is commenced and it becomes apparent that sufficient time was not requested, a mistrial may be declared. PLEMIES" WOOKRLEF BON COMPUTER4. Pretrial Events A. Exchange of Expert & Lay Witnesses. No later than thirty (30) days prior to the Pretrial Conference date, counsel and/or pro se parties shall file and exchange a list of the names and addresses of all witnesses that 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 set 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. 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 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.e., 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 to resolve objections to the portions to be offered in evidence. See { H hereafter. 5. Discuss the possibility of settlement. 6. If applicable, submit an itemized statement of special damages a party expects to prove. 7. If a jury trial has been demanded, discuss jury instructions and verdict forms and reach agreement, if possible. 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 Uniform Trial Order. -2-8. 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 Uniform Trial Order? signed by all participating counsel and pro-se parties. The Uniform Trial 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 facsimile 239-774-3184 not later than 7 calendar days prior to the Pretrial Conference, and if the original is mailed 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/Trial Order 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 Uniform Trial Order, they shall leave the unresolved 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 10 days prior to trial will be deemed abandoned. Please be aware that if a party waits until the last minute to request hearing time, there may not be any available. E. 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. 2 The Uniform Trial Order can be downloaded from the Court website at http://www.ca.cjis20.org/web. (Judge Hayes downloads or Magistrate Friedman JACS instructions) 3 Any disputes between the parties regarding the Uniform Trial Order will be resolved at the Pretrial Conference by the magistrate or Judge. If the Magistrate conducts the Pretrial Conference, the Magistrate shall issue a Report and Recommended Order to the Judge on all such disputed issues. A final Uniform Trial Order will be issued by the Judge once any timely exceptions have been filed and heard to the Report and Recommended Order of the Magistrate. -3-F, Expert Witnesses. Any objections to the admissibility of expert opinions or issues related thereto will be considered abandoned and/or waived unless they are heard prior to the Pretrial Conference. G. 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 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” arbitrations, 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 5 days for jury trials / more than 2 days for 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 by the Court to non-binding arbitration. 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 30 days before the trial calendar begins...otherwise, said objections are waived. Videos (DVDs) 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. 1. 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 and 8 4x 11 inch 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 arrangement for digital projectors, stands, and/or screens with the Bailiffs or the IT Department seven 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 readily available. K. Settlement. In the event of settlement at any time prior to trial, Plaintiffs Counsel shall immediately notify the Court and submit a stipulation for an Order of Dismissal and a Final Disposition form, See Fla. R. Civ. P. 1.998. 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 -4-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(e) and 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 attorney. 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 or motion for a continuation must be heard/approved by the Court no later than the Pretrial Conference. No Motion will be heard that is not in compliance with this order except upon good cause shown/an emergency basis. 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/Closing Statements. As a general rule, and absent an 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 at the 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 the parties. Juror background investigations and motions related thereto must be brought to the Court’s attention before the jury is sworn; otherwise any such issues will be deemed waived. B. Closing arguments are limited to 45 minutes per side inclusive. 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 attorney’s fees, fines, striking of pleadings, and/or dismissal of the case. -5-DONE AND ORDERED in Chambers, Collier County, Florida on this LS day of May, JY? 2. Hayes) Hugh D. Hayes, Circuit Court Judge Copies to: Counsel of Record via Clerk’s email Any Pro Se party via U. S. Mail by Judicial Assistant AMERICANS WITH DISABILITIES ACT “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, THE 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.