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Filing # 92670390 E-Filed 07/17/2019 08:32:48 AM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER
COUNTY, FLORIDA CIVIL ACTION
CMR CONSTRUCTION AND ROOFING,
LLC A/A/O NATALIA HARDING
Plaintiff(s),
vs. CASE NO: 11-2019-CA-000454-0001-XX
TOWER HILL SIGNATURE INSURANCE
COMPANY
Defendant(s).
/
ORDER SCHEDULING CASE MANAGEMENT CONFERENCE
The Court has scheduled a case management conference in this case, before the Case
Manager, pursuant to Florida Rule of Civil Procedure 1.200(a), and Florida Rule of Judicial
Administration 2.545, on September 13, 2019 at 9:30 A.M.. in Courtroom/Hearing Room 3-3,
Collier County Courthouse, 3315 East Tamiami Trail, Naples, FL 34112.
1. Prior to Case Management Conference. Each counsel must confer with his or her
client(s) prior to the case management conference in order to determine the client’s position with
respect to settlement, pleading, admissions, and other matters that require the consent of the client.
Counsel shall be prepared to make the representation that this conference has taken place. Trial
counsel and those parties who are not represented by counsel (hereinafter referred to as “pro se”
parties) must confer not later than 14 calendar days prior to the case management conference and
discuss agreements on as many of the issues listed below in paragraph 2.A. as possible. Trial
counsel and/or the parties shall be prepared to discuss the possibility of settlement of the case.
Trial counsel and pro se parties shall work together to agree on the provisions of an agreed Case
Management Plan, in the form attached hereto, and shall be prepared to discuss any unresolved
issues at the Case Management Conference.
2. Case Management Conference. Trial counsel and pro se parties must personally
appear and attend the case management conference. Those attending shall bring their personal
FILED: COLLIER COUNTY, CRYSTAL K. KINZEL, CLERK, 07/17/2019 08:32:48 AMcalendars to the case management conference. Those attending must have a thorough knowledge
of the case, be prepared to discuss it and make stipulations and admissions when appropriate.
A. Those attending must be prepared to discuss:
i. Scheduling or rescheduling deadlines for the service of motions, pleadings and other
papers. This shall include adding, dropping or amending claims or defenses and adding or
dropping parties.
ii. Determining the existence of issues that may be severed and/or resolved pre-trial.
iii. Limiting, scheduling, ordering and expediting discovery. This shall include the
desirability of creating document depositories and addressing the handling of privilege and
confidentiality claims.
iv. Scheduling hearings and/or deadlines for motions (including motions addressed to the
pleadings, motions to declare the case “complex” pursuant to Florida Rule of Civil Procedure
1.201(a) and motions for summary judgment), mediation, altemmative dispute resolution and other
conferences.
v. Requiring interim status reports, and determining other matters that may aid in the
disposition of the action and resolution of pretrial motions, discovery and preparation for
mediation, alternative dispute resolution and trial.
vi. Determining whether issues can be narrowed by the filing of preliminary stipulations.
vii. Organizing counsel to include the designation of lead counsel and liaison counsel, the
role of other counsel, and responsibility for the preparation and maintenance of a service list.
viii. Establishing procedures for addressing emergencies, including the use of telephone
conferences.
ix. Identifying present or potential future related litigation, including the transfer and
consolidation of intra-circuit civil cases; civil cases in other circuits; and/or criminal proceedings
and investigations.x. If the case is filed as a class action: establishing a procedure, discovery schedule and
deadlines, and a hearing date to determine the issue of class certification, to include a briefing
schedule, exchange of witness and exhibit lists, and clarifying disputed issues of fact and law.
xi. Estimating the time needed for trial and setting a tentative trial date.
xii. Any of the issues set forth in Florida Rule of Civil Procedure 1.200(a).
B. At the case management conference, the Case Manager will address the unresolved
provisions of the Case Management Plan and submit a proposed plan for the court’s consideration
and approval.
C. The proceedings at the case management conference shall be informal and will not be
reported unless requested by a participant who makes prior arrangements with the court reporter.
3. Referral of discovery matters to the General Magistrate. In any civil case before
the Court, discovery motions and other appropriate pending matters may be referred to the General
Magistrate for hearing pursuant to an Order of Referral to Magistrate. Any party wishing to object
to the referral of a matter to the General Magistrate must file an objection no later than the day of
the scheduled hearing. The failure to timely object to the referral as set forth herein shall constitute
a waiver of any objection to such referral.
4. Alternative to attending Case Management Conference. As an altemative to
attending a case management conference, counsel and pro se parties may comply with this order
by submitting an “Agreed Case Management Plan”. The Plan must be signed by all counsel and
pro se parties and received by the Civil Case Manager not later than 7 calendar days prior to the
conference. The Plan will also be considered timely if the parties submit a courtesy copy of the
signed original to the Civil Case Manager e-mail transmission: collieragreedplan @ca.cjis20.org,
not later than 7 calendar days prior to the conference. Upon written approval by the Court, the
Plan will be filed with the Clerk of Court, a copy served on all counsel and/or parties of record,
and the case management conference shall be cancelled. If the Court does not approve of the Plan,
3the case management conference will not be cancelled. Applicable forms are available on the
Court’s 20" judicial website (Civil Case Management-Collier).
5. Sanctions. Counsel and/or parties are hereby cautioned that misconduct, failure to
attend the case management conference or noncompliance with the terms of this order may result
in sanctions by the Court. Sanctions may include the assessment of special costs, including
attorney’s fees, the striking of pleadings and/or the dismissal of the action.
DONE AND ORDERED in Chambers, Collier County, Florida on this 17th day of
July, 2019.
py? 2p. Htyéa/
Signed by Hayes, Hugh D in 11.2019-CA. 00454-00012 07/1772019 08:3203 ROHSIAR?
Hugh D. Hayes, Circuit Court Judge
Electronic Service per e-Portal Service List:
Gabriel Joseph Fernandez
Anthony Tinelli , ,
Howard W Holden ,
Justin Schwerling ,
,
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, 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.”
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Filing # 92670390 E-Filed 07/17/2019 08:32:48 AM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION CMR CONSTRUCTION AND ROOFING, LLC A/A/O NATALIA HARDING Plaintiff(s), vs. CASE NO: 11-2019-CA-000454-0001-XX TOWER HILL SIGNATURE INSURANCE COMPANY Defendant(s). / ORDER SCHEDULING CASE MANAGEMENT CONFERENCE The Court has scheduled a case management conference in this case, before the Case Manager, pursuant to Florida Rule of Civil Procedure 1.200(a), and Florida Rule of Judicial Administration 2.545, on September 13, 2019 at 9:30 A.M.. in Courtroom/Hearing Room 3-3, Collier County Courthouse, 3315 East Tamiami Trail, Naples, FL 34112. 1. Prior to Case Management Conference. Each counsel must confer with his or her client(s) prior to the case management conference in order to determine the client’s position with respect to settlement, pleading, admissions, and other matters that require the consent of the client. Counsel shall be prepared to make the representation that this conference has taken place. Trial counsel and those parties who are not represented by counsel (hereinafter referred to as “pro se” parties) must confer not later than 14 calendar days prior to the case management conference and discuss agreements on as many of the issues listed below in paragraph 2.A. as possible. Trial counsel and/or the parties shall be prepared to discuss the possibility of settlement of the case. Trial counsel and pro se parties shall work together to agree on the provisions of an agreed Case Management Plan, in the form attached hereto, and shall be prepared to discuss any unresolved issues at the Case Management Conference. 2. Case Management Conference. Trial counsel and pro se parties must personally appear and attend the case management conference. Those attending shall bring their personal FILED: COLLIER COUNTY, CRYSTAL K. KINZEL, CLERK, 07/17/2019 08:32:48 AMcalendars to the case management conference. Those attending must have a thorough knowledge of the case, be prepared to discuss it and make stipulations and admissions when appropriate. A. Those attending must be prepared to discuss: i. Scheduling or rescheduling deadlines for the service of motions, pleadings and other papers. This shall include adding, dropping or amending claims or defenses and adding or dropping parties. ii. Determining the existence of issues that may be severed and/or resolved pre-trial. iii. Limiting, scheduling, ordering and expediting discovery. This shall include the desirability of creating document depositories and addressing the handling of privilege and confidentiality claims. iv. Scheduling hearings and/or deadlines for motions (including motions addressed to the pleadings, motions to declare the case “complex” pursuant to Florida Rule of Civil Procedure 1.201(a) and motions for summary judgment), mediation, altemmative dispute resolution and other conferences. v. Requiring interim status reports, and determining other matters that may aid in the disposition of the action and resolution of pretrial motions, discovery and preparation for mediation, alternative dispute resolution and trial. vi. Determining whether issues can be narrowed by the filing of preliminary stipulations. vii. Organizing counsel to include the designation of lead counsel and liaison counsel, the role of other counsel, and responsibility for the preparation and maintenance of a service list. viii. Establishing procedures for addressing emergencies, including the use of telephone conferences. ix. Identifying present or potential future related litigation, including the transfer and consolidation of intra-circuit civil cases; civil cases in other circuits; and/or criminal proceedings and investigations.x. If the case is filed as a class action: establishing a procedure, discovery schedule and deadlines, and a hearing date to determine the issue of class certification, to include a briefing schedule, exchange of witness and exhibit lists, and clarifying disputed issues of fact and law. xi. Estimating the time needed for trial and setting a tentative trial date. xii. Any of the issues set forth in Florida Rule of Civil Procedure 1.200(a). B. At the case management conference, the Case Manager will address the unresolved provisions of the Case Management Plan and submit a proposed plan for the court’s consideration and approval. C. The proceedings at the case management conference shall be informal and will not be reported unless requested by a participant who makes prior arrangements with the court reporter. 3. Referral of discovery matters to the General Magistrate. In any civil case before the Court, discovery motions and other appropriate pending matters may be referred to the General Magistrate for hearing pursuant to an Order of Referral to Magistrate. Any party wishing to object to the referral of a matter to the General Magistrate must file an objection no later than the day of the scheduled hearing. The failure to timely object to the referral as set forth herein shall constitute a waiver of any objection to such referral. 4. Alternative to attending Case Management Conference. As an altemative to attending a case management conference, counsel and pro se parties may comply with this order by submitting an “Agreed Case Management Plan”. The Plan must be signed by all counsel and pro se parties and received by the Civil Case Manager not later than 7 calendar days prior to the conference. The Plan will also be considered timely if the parties submit a courtesy copy of the signed original to the Civil Case Manager e-mail transmission: collieragreedplan @ca.cjis20.org, not later than 7 calendar days prior to the conference. Upon written approval by the Court, the Plan will be filed with the Clerk of Court, a copy served on all counsel and/or parties of record, and the case management conference shall be cancelled. If the Court does not approve of the Plan, 3the case management conference will not be cancelled. Applicable forms are available on the Court’s 20" judicial website (Civil Case Management-Collier). 5. Sanctions. Counsel and/or parties are hereby cautioned that misconduct, failure to attend the case management conference or noncompliance with the terms of this order may result in sanctions by the Court. Sanctions may include the assessment of special costs, including attorney’s fees, the striking of pleadings and/or the dismissal of the action. DONE AND ORDERED in Chambers, Collier County, Florida on this 17th day of July, 2019. py? 2p. Htyéa/ Signed by Hayes, Hugh D in 11.2019-CA. 00454-00012 07/1772019 08:3203 ROHSIAR? Hugh D. Hayes, Circuit Court Judge Electronic Service per e-Portal Service List: Gabriel Joseph Fernandez Anthony Tinelli , , Howard W Holden , Justin Schwerling , , 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, 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.”