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Filing # 173007208 E-Filed 05/12/2023 08:48:09 AM
Case No. 2023 CA 4384 NC
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR SARASOTA, MANATEE AND DESOTO COUNTIES, FLORIDA
ADMINISTRATIVE ORDER 2021 –14 .1
(supersedes AO 2021-06.1 for CIRCUIT CIVIL cases only)
RE: CIVIL CASE MANAGEMENT PROTOCOLS
FOR CIRCUIT CIVIL CASES FILED AFTER APRIL 30, 2021
/
WHEREAS, on March 9, 2021, the Florida Supreme Court entered Administrative Order
AOSC20-23, Amendment 10, which required each circuit to enter an Administrative Order that
to take effect on April 30, 2021, that requires the presiding judge for each civil case to actively
manage civil cases; and
WHEREAS, on April 13, 2021, the Florida Supreme Court entered Amendment 12 to
AOSC2-23, which amended the civil case management requirements; and
WHEREAS, on April 29, 2021, this court entered Administrative Order 2021-6.1 which
established civil case management protocols for both county and circuit civil cases filed after
April 30, 2021, however, upon discussion and agreement with the local bar, the court has agreed
to modify those protocols for cases filed in circuit court, which are incorporated into this new
administrative order; and
WHEREAS, all judges are required to comply with Florida Rule of General Practice and
Judicial Administration 2.545(a), (b), and (e), which respectively require judges to conclude
litigation as soon as it is reasonably and justly possible to do so, to take charge of all cases at an
early stage and to control the progress of the case thereafter until it is determined, and to apply a
firm continuance policy allowing continuances only for good cause shown; and
WHEREAS, the case management procedures below apply to all circuit civil cases in
which the Florida Rules of Civil Procedure apply. The procedures below do not apply to
summary actions filed under section 51.011, Florida Statutes, post-judgment proceedings, and
writs to which Florida Rule of Civil Procedure 1.630 applies; and
WHEREAS, each circuit civil case shall be designated as general, streamlined or
complex, and shall follow the case management protocols set forth below; and
NOW THEREFORE, pursuant to the authority vested in me as Chief Judge of the
Twelfth Judicial Circuit of Florida, under Rule 2.215 of the Florida Rule of General Practice and
Judicial Administration, it is hereby ORDERED:
1. The Twelfth Judicial Circuit hereby adopts a case management protocol for all applicable
circuit civil cases filed after April 30, 2021.
1
Filed 05/12/2023 10:57 AM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL
2. Designations – all cases shall be designated as general, streamlined or complex. Parties
may motion the court for a particular designation, but if no motion is filed, the following
designation guidelines apply:
a) All circuit civil cases are “general”, unless otherwise specifically designated as
streamlined or complex.
b) “Streamlined” circuit civil cases, unless otherwise determined by the presiding
judge, are uncontested cases, cases not entitled to jury trial, or cases where a jury
trial is not demanded, and an anticipated trial length is less than two days. Judges
have the authority and discretion to designate other case types as streamlined, but
for purposes of this order, circuit civil cases designated as streamlined are:
a. Accounts Payable
b. Commercial Foreclosure
c. Condominium Lien
d. Declaratory Action
e. Delinquent Taxpayer
f. Delinquent Tenant
g. Ejectment
h. Forfeiture
i. Partition
j. Replevin
k. Residential Foreclosure
c) “Complex” civil cases are actions that have been or may be designated by court
order as complex under Florida Rule of Civil Procedure 1.201. Upon such
designation, the action shall proceed as provided in the rule.
3. Case Management Report Required - The attached Case Management Reports
(General and Streamlined), shall be used in all circuit civil cases. These Case
Management Reports are also available on the 12th Circuit Website
www.jud12.flcourts.org Within 30 days of service of the complaint on the last of all
named defendants, Plaintiffs shall initiate a consultation with all defendants to either
agree to a Case Management Report or set the matter for an initial case management
conference with the presiding judge.
a) The burden is on the plaintiff(s) to ensure compliance with this Administrative
Order, Case Management Order and the Case Management Report.
b) The burden is on the plaintiff(s), in consultation with all defendants, to submit the
completed Case Management Report to the presiding judge within 5 days after the
initial consultation. If parties do not agree to the case management report,
plaintiff must set the matter before the presiding judge for an initial case
management conference within 45 days of the initial consultation, if not already
scheduled by the Court.
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c) The Court’s expectation is that the parties in most cases will agree to various
deadlines and will not have to appear at the initial case management conference.
If, however, there is disagreement and a case management conference is not
already set by the Court, plaintiff must schedule the case management conference
and all parties must appear.
d) Failure by plaintiff to submit the Case Management Report to the presiding judge
or schedule the initial case management conference may be grounds for
defendant(s) to file a motion to dismiss or order to show cause against plaintiff.
e) The presiding judge may, on his/her own directive, enter a case management
order in any case at least 30 days after service of the complaint on the last of all
named defendants as long as said case management order contains at minimum,
the same information as required by this order. Judges may utilize more detailed
case management orders if desired.
4. Exception for Stays or Moratorium - If the streamlined or general civil case is subject
to a statutory stay or a moratorium preventing the prosecution of the case, then a case
management order shall be issued within 45 days after the stay or the moratorium ends,
or within 30 days after service of the complaint on the last of all named defendants,
whichever date is later.
5. Maximum Deadline Periods – unless otherwise ordered based upon good cause, the
maximum deadline periods in the Case Management Report and Order shall be as
follows:
General Cases Streamlined Cases
Deadlines for service of Within 120 days of filing Within 120 days of filing the
complaints, service under complaint, unless the Court complaint, unless Court
extensions and adding new grants an extension which grants an extension, which
parties shall not exceed 240 days shall not exceed 240 days
from the date of filing the from the date of filing the
complaint complaint
Deadlines to complete fact Within 450 days after Within 270 days after
and expert discovery complaint is filed complaint is filed
Deadline for all objections Within 45 days after filing Within 45 days after filing
to pleadings and pretrial and prior to the pretrial and prior to the pretrial
motions to
t be resolved conference conference
Deadline for mediation to Within 450 days after the Within 270 days after the
have occurred complaint is filed complaint is filed
Projected trial date Within 18 months of filing Within 12 months of filing
complaint complaint
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6. Lawyers must strictly comply with Florida Rule of General Practice and Judicial
Administration 2.45(a), which requires lawyers to conclude litigation as soon as it is
reasonably and justly possible to do so. The pandemic alone is not a basis for a lawyer’s
failure to prepare a case for trial or otherwise actively manage a case.
7. A separate but similar case management protocol for all applicable pending circuit civil
cases filed prior to April 30, 2021, will be entered at a later date.
8. This Administrative Order supersedes the protocol established in Administrative Order
2021-06.1 for circuit civil cases, is effective immediately, and shall remain in full force
and effect until further order of this court.
DONE AND ORDERED in Chambers, Sarasota County, Florida, this 19th day of July,
2021.
2:15 pm, Jul 19 2021
_____________________________________
__
___
_ __
____________________________
CHARLES E. ROBERTS
CHIEF JUDGE
Original to: Sarasota County Clerk of Court
Copies to: Manatee County Clerk of Court
Desoto County Clerk of Court
All 12th Judicial Circuit Judges
Kim Miller, Court Administrator
All 12th Judicial Circuit Bar Associations
Chair, Workgroup on the Improved Resolution of Civil Cases – see AOSC19-73
4
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR SARASOTA COUNTY, FLORIDA
T.S.W. RESIDENTIAL AND COMMERCIAL SERVICES, INC.
Plaintiff(s) / Petitioner(s),
v. Case No.: 2023 CA 4384 NC
Division:
JOHN HABBERT and HELEN HABBERT
Defendant(s) / Respondent(s).
CASE MANAGEMENT REPORT
(for use in General Cases – Circuit Civil)
Did all parties meet and confer as required?
܆Yes.
܆No. (Must attend Initial Case Management Conference unless the Court excuses you.)
This Case Management Report is submitted on behalf of:
܆All parties named in this lawsuit, each of whom agrees to this Report.
܆Only on behalf of the following party or parties:
The parties in this lawsuit request a:
܆Jury trial (to begin within 18 months of the date of filing of the lawsuit).
Proposed trial date: PTC: DS:
܆Nonjury trial (to begin within 12 months of the date of filing of the lawsuit).
Proposed trial date: Docket Sounding:
܆An extended trial date; may require appearance at Initial Case Management
Conference. Briefly describe the reason for the request and include proposed month and
year of trial:
Do you believe the trial will last more than 5 days (inclusive of jury selection)?
܆Yes.
܆No.
Setting the case for trial:
܆The parties waive the “at issue” requirement and request the Court to enter an order
setting the case for trial for the date agreed to above.
܆The parties do not waive the “at issue” requirement, and the Plaintiff must send the
Court a proposed order setting the case for the date agreed to above within 15
days of the case being at issue. The Court will set a firm trial date when at issue.
܆The parties do not agree to a proposed trial date and will attend Initial Case
Management Conference and will discuss with the Court setting the case for trial.
Page 1 of 6
Trial calendars are posted at https://www.jud12.flcourts.org/About/Divisions/Civil
under “DeSoto,” “Manatee,” “Sarasota,” and “South County (Venice)” tabs.
The Court in establishing Case Management deadlines will give due regard to the parties’
proposed deadlines. As required by various administrative orders, Case Management deadlines
established in the case management order will be strictly enforced. A party must demonstrate
good cause for a date to be changed.
DEADLINE, EVENT, OR QUESTION RESPONSE
Do all parties agree to this Case Management Report? (If no, you ☐ Yes ☐ No
must attend the Initial Case Management Conference unless excused
by the Court.)
Date this lawsuit was filed.
Have all Defendants been served? ☐ Yes ☐ No
If all Defendants have not been served, what deadline do you
propose by when the last Defendant will be served?
Do the parties believe a counterclaim, crossclaim, or third-party ☐ Yes ☐ No
complaint may be filed?
Have all counterclaims, third-party claims, and crossclaims been ☐ Yes ☐ No
served on the relevant defendant party? ☐ Not applicable
Deadline to file a Motion to Add Party or Amend Pleadings. (If the
movant has not scheduled the motion for hearing within 15 calendar
days of filing the motion, the Court may deny the motion as being in
violation of the case management order. The motion does not need to
be heard within 15 days; it simply must be set for hearing.)
Deadline for all motions to dismiss directed to the pleadings or
objections to the pleadings to be resolved, including motions to
strike. (If greater than 60 days, parties must appear at the Initial Case
Management Conference, unless excused by the Court.)
Do the parties believe discovery will include substantial ☐ Yes ☐ No
Electronically Stored Information or significant Court time to
address Electronically Stored Information?
Page 2 of 6
Do the parties agree to exchange initial witness and exhibit lists? If ☐ Yes ☐ No
so, by what date? (The Court recommends 30 days after filing of this
report.)
Do the parties anticipate having one or more expert witnesses? ☐ Yes ☐ No
(The Court limits each party to one expert per specialty.) ☐ unknown
Deadline to file expert witness lists for experts used to support
affirmative claims. (The Court recommends 90 days before the Pre-
Trial Conference date in jury cases and 90 days before the Trial Period
in nonjury cases.)
Deadline to file expert witness lists for experts used to oppose
affirmative claims. (The Court recommends 60 days before the Pre-
Trial Conference date in jury cases and 60 days before the Trial Period
in nonjury cases.)
Do the parties agree to have the experts author written reports? ☐ Yes ☐ No
If the parties agree to have the experts author written reports, the
deadline for experts used to support affirmative claims to submit
their written reports. (The Court recommends 60 days before the Pre-
Trial Conference.)
If the parties agree to have the experts to author written reports,
the deadline for experts used to oppose affirmative claims to
submit their written reports. (The Court recommends 30 days before
the Pre-Trial Conference.)
Deadline to file a motion seeking to add a nonparty to the verdict
form (i.e., Fabre defendant). (The Court recommends 45 days before
the Pre-Trial Conference.)
Deadline to file final witness and exhibit lists, which list includes
designation of those witnesses and exhibits a party reasonably
believes the party will call or use in trial. (The Court recommends 45
days before the Pre-Trial Conference date in jury cases and 45 days
before the Trial Period in nonjury cases.)
Discovery deadline. No discovery may occur after this date without
Court permission or, only if permitted by the Court, agreement of
all parties. (The Court recommends the Pre-Trial Conference Date for
jury cases and 30 days before the first day of the Trial Period for
nonjury cases.)
Page 3 of 6
Dispositive motion (i.e., summary judgment) and Daubert motion
deadline to be filed. (The Court recommends no later than 90 days
before the first day of the Trial Period.)
Dispositive motion (i.e., summary judgment) and Daubert motion
deadline to be heard. (These motions may not be heard within 30 days
before the first day of the Trial Period without Court permission. Any
pending motion not heard by the Court by this deadline will be denied.)
Deadline for all other motions to be heard. (The Court will not
permit motions to be heard after Docket Sounding without Court
permission. Any pending motion after this date will be denied.)
Mediation deadline (The Court recommends no later than the Pre-
Trial Conference date.)
Magistrate Referral
The Court refers certain matters to a general magistrate as permitted by Florida Rule of
Civil Procedure 1.490(a). The Court will refer all motions directed to the pleadings and all
discovery motions. The parties may agree to additional matters to be referred.
Attorney Appearance
Each attorney that appears on behalf of a party must file a separate notice of appearance
and designation of email address. (Multiple attorneys within the same firm must each file a
separate notice of appearance and designation of email address.) This is an on-going requirement
for any new attorney that appears during the litigation. Each attorney that appears is fully
responsible for the case.
Please identify all known attorneys currently appearing for each party for each status that
parties holds, such as Plaintiff or Defendant. Some parties may have more than one status, such
as Defendant and Counterclaim Plaintiff, and will have multiple entries in the table below. If a
party does not have an attorney, simply complete the Party Name and Status of the table below.
Please remember that each corporate entity must have an attorney represent it. Additionally, an
individual sued in a representative capacity, such as Trustee, must have an attorney represent the
person in the person’s representative capacity.
Party Name Status Attorney Name FL Bar #
Page 4 of 6
The parties agree to this Case Management Report in Case Number :
Name:
Bar Number:
Firm:
Email:
Address 1:
Address 2:
Address 3:
Attorney for:
Date:
Signature
Name:
Bar Number:
Firm:
Email:
Address 1:
Address 2:
Address 3:
Attorney for:
Date:
Signature
Name:
Bar Number:
Firm:
Email:
Address 1:
Address 2:
Address 3:
Attorney for:
Date:
Signature
Page 5 of 6
Certificate of Service
On , I certify (1) that I sent a copy of the Case Management
Report directly to the assigned judge’s Judicial Assistant AND (2) I either (check one box):
܆ electronically filed the foregoing Case Management Report with the Clerk of Court by
using the Florida Court, which will send a copy to:
or
܆ served a copy of the foregoing Case Management Report by First Class U.S. Mail to:
Name:
Bar Number:
Firm:
Email:
Address 1:
Address 2:
Address 3:
Attorney for:
Name:
Bar Number:
Firm:
Email:
Address 1:
Address 2:
Address 3:
Attorney for:
Name:
Bar Number:
Firm:
Email:
Address 1:
Address 2:
Address 3:
Attorney for:
Signature
Page 6 of 6
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR SARASOTA COUNTY, FLORIDA
Plaintiff(s) / Petitioner(s),
v. Case No.:
Division:
Defendant(s) / Respondent(s).
CASE MANAGEMENT REPORT
(for use in Streamlined Cases – Circuit Civil)
Did all parties meet and confer as required?
܆Yes.
܆No. (Must attend Initial Case Management Conference unless the Court excuses you.)
Are one or more Defendants defaulted?
܆Yes.
܆No.
This Case Management Report is submitted on behalf of:
܆All parties named in this lawsuit, each of whom agrees to this Report.
܆Only on behalf of the following party or parties:
The parties in this lawsuit request a:
܆Jury trial (to begin within 12 months of the date of filing of the lawsuit).
Proposed trial date:
܆Nonjury trial (to begin within 9-12 months of the date of filing of the lawsuit).
Proposed trial date:
܆Residential foreclosure trial (to begin within 7 months of the date of filing).
Proposed trial date:
Setting the case for trial:
܆The parties waive the “at issue” requirement and request the Court to enter an order
setting the case for trial for the date agreed to above.
܆The parties do not waive the “at issue” requirement, and the Plaintiff must send the
Court a proposed order setting the case for the date agreed to above within 15
days of the case being at issue. The Court will set a firm trial date when at issue.
܆The parties do not agree to a proposed trial date and will attend Initial Case
Management Conference and will discuss with the Court setting the case for trial.
Page 1 of 5
Trial calendars are posted at https://www.jud12.flcourts.org/About/Divisions/Civil
under “DeSoto,” “Manatee,” “Sarasota,” and “South County (Venice)” tabs.
The Court in establishing Case Management deadlines will give due regard to the parties’
proposed deadlines. As required by various administrative orders, Case Management deadlines
established in the case management order will be strictly enforced. A party must demonstrate
good cause for a date to be changed.
DEADLINE, EVENT, OR QUESTION RESPONSE
Do all parties agree to this Case Management Report? (If no, you ☐ Yes ☐ No
must attend the Initial Case Management Conference unless excused
by the Court.)
Date this lawsuit was filed.
Have all Defendants been served? ☐ Yes ☐ No
If all Defendants have not been served, what deadline do you
propose by when the last Defendant will be served?
Deadline for all motions to dismiss directed to the pleadings or
objections to the pleadings to be resolved, including motions to
strike. (If greater than 60 days, parties must appear at the Initial Case
Management Conference, unless excused by the Court.)
Deadline to file expert witness lists for experts used to oppose
affirmative claims. (The Court recommends 60 days before the Pre-
Trial Conference date in jury cases and 60 days before the Trial Period
in nonjury cases.)
Deadline to file final witness and exhibit lists, which list includes
designation of those witnesses and exhibits a party reasonably
believes the party will call or use in trial. (The Court recommends 45
days before the Pre-Trial Conference date in jury cases and 45 days
before the Trial Period in nonjury cases.)
Discovery deadline. No discovery may occur after this date without
Court permission or, only if permitted by the Court, agreement of
all parties. (The Court recommends the Pre-Trial Conference Date for
jury cases and 30 days before the first day of the Trial Period for
nonjury cases.)
Page 2 of 5
Deadline for all motions to be heard. (The Court will not permit
motions to be heard after Docket Sounding without Court permission.
Any pending motion after this date will be denied.)
Mediation deadline (The Court recommends no later than the Pre-
Trial Conference date.)
Magistrate Referral
The Court refers certain matters to a general magistrate as permitted by Florida Rule of
Civil Procedure 1.490(a). The Court will refer all motions directed to the pleadings and all
discovery motions. The parties may agree to additional matters to be referred.
Attorney Appearance
Each attorney that appears on behalf of a party must file a separate notice of appearance
and designation of email address. (Multiple attorneys within the same firm must each file a
separate notice of appearance and designation of email address.) This is an on-going requirement
for any new attorney that appears during the litigation. Each attorney that appears is fully
responsible for the case.
Please identify all known attorneys currently appearing for each party for each status that
parties holds, such as Plaintiff or Defendant. Some parties may have more than one status, such
as Defendant and Counterclaim Plaintiff, and will have multiple entries in the table below. If a
party does not have an attorney, simply complete the Party Name and Status of the table below.
Please remember that each corporate entity must have an attorney represent it. Additionally, an
individual sued in a representative capacity, such as Trustee, must have an attorney represent the
person in the person’s representative capacity.
Party Name Status Attorney Name FL Bar #
Page 3 of 5
The parties agree to this Case Management Report in Case Number :
Name:
Bar Number:
Firm:
Email:
Address 1:
Address 2:
Address 3:
Attorney for:
Date:
Signature
Name:
Bar Number:
Firm:
Email:
Address 1:
Address 2:
Address 3:
Attorney for:
Date:
Signature
Name:
Bar Number:
Firm:
Email:
Address 1:
Address 2:
Address 3:
Attorney for:
Date:
Signature
Page 4 of 5
Certificate of Service
On , I certify (1) that I sent a copy of the Case Management
Report directly to the assigned judge’s Judicial Assistant AND (2) I either (check one box):
܆ electronically filed the foregoing Case Management Report with the Clerk of Court by
using the Florida Court, which will send a copy to:
or
܆ served a copy of the foregoing Case Management Report by First Class U.S. Mail to:
Name:
Bar Number:
Firm:
Email:
Address 1:
Address 2:
Address 3:
Attorney for:
Name:
Bar Number:
Firm:
Email:
Address 1:
Address 2:
Address 3:
Attorney for:
Name:
Bar Number:
Firm:
Email:
Address 1:
Address 2:
Address 3:
Attorney for:
Signature
Page 5 of 5
Preview
Filing # 173007208 E-Filed 05/12/2023 08:48:09 AM Case No. 2023 CA 4384 NC IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR SARASOTA, MANATEE AND DESOTO COUNTIES, FLORIDA ADMINISTRATIVE ORDER 2021 –14 .1 (supersedes AO 2021-06.1 for CIRCUIT CIVIL cases only) RE: CIVIL CASE MANAGEMENT PROTOCOLS FOR CIRCUIT CIVIL CASES FILED AFTER APRIL 30, 2021 / WHEREAS, on March 9, 2021, the Florida Supreme Court entered Administrative Order AOSC20-23, Amendment 10, which required each circuit to enter an Administrative Order that to take effect on April 30, 2021, that requires the presiding judge for each civil case to actively manage civil cases; and WHEREAS, on April 13, 2021, the Florida Supreme Court entered Amendment 12 to AOSC2-23, which amended the civil case management requirements; and WHEREAS, on April 29, 2021, this court entered Administrative Order 2021-6.1 which established civil case management protocols for both county and circuit civil cases filed after April 30, 2021, however, upon discussion and agreement with the local bar, the court has agreed to modify those protocols for cases filed in circuit court, which are incorporated into this new administrative order; and WHEREAS, all judges are required to comply with Florida Rule of General Practice and Judicial Administration 2.545(a), (b), and (e), which respectively require judges to conclude litigation as soon as it is reasonably and justly possible to do so, to take charge of all cases at an early stage and to control the progress of the case thereafter until it is determined, and to apply a firm continuance policy allowing continuances only for good cause shown; and WHEREAS, the case management procedures below apply to all circuit civil cases in which the Florida Rules of Civil Procedure apply. The procedures below do not apply to summary actions filed under section 51.011, Florida Statutes, post-judgment proceedings, and writs to which Florida Rule of Civil Procedure 1.630 applies; and WHEREAS, each circuit civil case shall be designated as general, streamlined or complex, and shall follow the case management protocols set forth below; and NOW THEREFORE, pursuant to the authority vested in me as Chief Judge of the Twelfth Judicial Circuit of Florida, under Rule 2.215 of the Florida Rule of General Practice and Judicial Administration, it is hereby ORDERED: 1. The Twelfth Judicial Circuit hereby adopts a case management protocol for all applicable circuit civil cases filed after April 30, 2021. 1 Filed 05/12/2023 10:57 AM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL 2. Designations – all cases shall be designated as general, streamlined or complex. Parties may motion the court for a particular designation, but if no motion is filed, the following designation guidelines apply: a) All circuit civil cases are “general”, unless otherwise specifically designated as streamlined or complex. b) “Streamlined” circuit civil cases, unless otherwise determined by the presiding judge, are uncontested cases, cases not entitled to jury trial, or cases where a jury trial is not demanded, and an anticipated trial length is less than two days. Judges have the authority and discretion to designate other case types as streamlined, but for purposes of this order, circuit civil cases designated as streamlined are: a. Accounts Payable b. Commercial Foreclosure c. Condominium Lien d. Declaratory Action e. Delinquent Taxpayer f. Delinquent Tenant g. Ejectment h. Forfeiture i. Partition j. Replevin k. Residential Foreclosure c) “Complex” civil cases are actions that have been or may be designated by court order as complex under Florida Rule of Civil Procedure 1.201. Upon such designation, the action shall proceed as provided in the rule. 3. Case Management Report Required - The attached Case Management Reports (General and Streamlined), shall be used in all circuit civil cases. These Case Management Reports are also available on the 12th Circuit Website www.jud12.flcourts.org Within 30 days of service of the complaint on the last of all named defendants, Plaintiffs shall initiate a consultation with all defendants to either agree to a Case Management Report or set the matter for an initial case management conference with the presiding judge. a) The burden is on the plaintiff(s) to ensure compliance with this Administrative Order, Case Management Order and the Case Management Report. b) The burden is on the plaintiff(s), in consultation with all defendants, to submit the completed Case Management Report to the presiding judge within 5 days after the initial consultation. If parties do not agree to the case management report, plaintiff must set the matter before the presiding judge for an initial case management conference within 45 days of the initial consultation, if not already scheduled by the Court. 2 c) The Court’s expectation is that the parties in most cases will agree to various deadlines and will not have to appear at the initial case management conference. If, however, there is disagreement and a case management conference is not already set by the Court, plaintiff must schedule the case management conference and all parties must appear. d) Failure by plaintiff to submit the Case Management Report to the presiding judge or schedule the initial case management conference may be grounds for defendant(s) to file a motion to dismiss or order to show cause against plaintiff. e) The presiding judge may, on his/her own directive, enter a case management order in any case at least 30 days after service of the complaint on the last of all named defendants as long as said case management order contains at minimum, the same information as required by this order. Judges may utilize more detailed case management orders if desired. 4. Exception for Stays or Moratorium - If the streamlined or general civil case is subject to a statutory stay or a moratorium preventing the prosecution of the case, then a case management order shall be issued within 45 days after the stay or the moratorium ends, or within 30 days after service of the complaint on the last of all named defendants, whichever date is later. 5. Maximum Deadline Periods – unless otherwise ordered based upon good cause, the maximum deadline periods in the Case Management Report and Order shall be as follows: General Cases Streamlined Cases Deadlines for service of Within 120 days of filing Within 120 days of filing the complaints, service under complaint, unless the Court complaint, unless Court extensions and adding new grants an extension which grants an extension, which parties shall not exceed 240 days shall not exceed 240 days from the date of filing the from the date of filing the complaint complaint Deadlines to complete fact Within 450 days after Within 270 days after and expert discovery complaint is filed complaint is filed Deadline for all objections Within 45 days after filing Within 45 days after filing to pleadings and pretrial and prior to the pretrial and prior to the pretrial motions to t be resolved conference conference Deadline for mediation to Within 450 days after the Within 270 days after the have occurred complaint is filed complaint is filed Projected trial date Within 18 months of filing Within 12 months of filing complaint complaint 3 6. Lawyers must strictly comply with Florida Rule of General Practice and Judicial Administration 2.45(a), which requires lawyers to conclude litigation as soon as it is reasonably and justly possible to do so. The pandemic alone is not a basis for a lawyer’s failure to prepare a case for trial or otherwise actively manage a case. 7. A separate but similar case management protocol for all applicable pending circuit civil cases filed prior to April 30, 2021, will be entered at a later date. 8. This Administrative Order supersedes the protocol established in Administrative Order 2021-06.1 for circuit civil cases, is effective immediately, and shall remain in full force and effect until further order of this court. DONE AND ORDERED in Chambers, Sarasota County, Florida, this 19th day of July, 2021. 2:15 pm, Jul 19 2021 _____________________________________ __ ___ _ __ ____________________________ CHARLES E. ROBERTS CHIEF JUDGE Original to: Sarasota County Clerk of Court Copies to: Manatee County Clerk of Court Desoto County Clerk of Court All 12th Judicial Circuit Judges Kim Miller, Court Administrator All 12th Judicial Circuit Bar Associations Chair, Workgroup on the Improved Resolution of Civil Cases – see AOSC19-73 4 IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR SARASOTA COUNTY, FLORIDA T.S.W. RESIDENTIAL AND COMMERCIAL SERVICES, INC. Plaintiff(s) / Petitioner(s), v. Case No.: 2023 CA 4384 NC Division: JOHN HABBERT and HELEN HABBERT Defendant(s) / Respondent(s). CASE MANAGEMENT REPORT (for use in General Cases – Circuit Civil) Did all parties meet and confer as required? ܆Yes. ܆No. (Must attend Initial Case Management Conference unless the Court excuses you.) This Case Management Report is submitted on behalf of: ܆All parties named in this lawsuit, each of whom agrees to this Report. ܆Only on behalf of the following party or parties: The parties in this lawsuit request a: ܆Jury trial (to begin within 18 months of the date of filing of the lawsuit). Proposed trial date: PTC: DS: ܆Nonjury trial (to begin within 12 months of the date of filing of the lawsuit). Proposed trial date: Docket Sounding: ܆An extended trial date; may require appearance at Initial Case Management Conference. Briefly describe the reason for the request and include proposed month and year of trial: Do you believe the trial will last more than 5 days (inclusive of jury selection)? ܆Yes. ܆No. Setting the case for trial: ܆The parties waive the “at issue” requirement and request the Court to enter an order setting the case for trial for the date agreed to above. ܆The parties do not waive the “at issue” requirement, and the Plaintiff must send the Court a proposed order setting the case for the date agreed to above within 15 days of the case being at issue. The Court will set a firm trial date when at issue. ܆The parties do not agree to a proposed trial date and will attend Initial Case Management Conference and will discuss with the Court setting the case for trial. Page 1 of 6 Trial calendars are posted at https://www.jud12.flcourts.org/About/Divisions/Civil under “DeSoto,” “Manatee,” “Sarasota,” and “South County (Venice)” tabs. The Court in establishing Case Management deadlines will give due regard to the parties’ proposed deadlines. As required by various administrative orders, Case Management deadlines established in the case management order will be strictly enforced. A party must demonstrate good cause for a date to be changed. DEADLINE, EVENT, OR QUESTION RESPONSE Do all parties agree to this Case Management Report? (If no, you ☐ Yes ☐ No must attend the Initial Case Management Conference unless excused by the Court.) Date this lawsuit was filed. Have all Defendants been served? ☐ Yes ☐ No If all Defendants have not been served, what deadline do you propose by when the last Defendant will be served? Do the parties believe a counterclaim, crossclaim, or third-party ☐ Yes ☐ No complaint may be filed? Have all counterclaims, third-party claims, and crossclaims been ☐ Yes ☐ No served on the relevant defendant party? ☐ Not applicable Deadline to file a Motion to Add Party or Amend Pleadings. (If the movant has not scheduled the motion for hearing within 15 calendar days of filing the motion, the Court may deny the motion as being in violation of the case management order. The motion does not need to be heard within 15 days; it simply must be set for hearing.) Deadline for all motions to dismiss directed to the pleadings or objections to the pleadings to be resolved, including motions to strike. (If greater than 60 days, parties must appear at the Initial Case Management Conference, unless excused by the Court.) Do the parties believe discovery will include substantial ☐ Yes ☐ No Electronically Stored Information or significant Court time to address Electronically Stored Information? Page 2 of 6 Do the parties agree to exchange initial witness and exhibit lists? If ☐ Yes ☐ No so, by what date? (The Court recommends 30 days after filing of this report.) Do the parties anticipate having one or more expert witnesses? ☐ Yes ☐ No (The Court limits each party to one expert per specialty.) ☐ unknown Deadline to file expert witness lists for experts used to support affirmative claims. (The Court recommends 90 days before the Pre- Trial Conference date in jury cases and 90 days before the Trial Period in nonjury cases.) Deadline to file expert witness lists for experts used to oppose affirmative claims. (The Court recommends 60 days before the Pre- Trial Conference date in jury cases and 60 days before the Trial Period in nonjury cases.) Do the parties agree to have the experts author written reports? ☐ Yes ☐ No If the parties agree to have the experts author written reports, the deadline for experts used to support affirmative claims to submit their written reports. (The Court recommends 60 days before the Pre- Trial Conference.) If the parties agree to have the experts to author written reports, the deadline for experts used to oppose affirmative claims to submit their written reports. (The Court recommends 30 days before the Pre-Trial Conference.) Deadline to file a motion seeking to add a nonparty to the verdict form (i.e., Fabre defendant). (The Court recommends 45 days before the Pre-Trial Conference.) Deadline to file final witness and exhibit lists, which list includes designation of those witnesses and exhibits a party reasonably believes the party will call or use in trial. (The Court recommends 45 days before the Pre-Trial Conference date in jury cases and 45 days before the Trial Period in nonjury cases.) Discovery deadline. No discovery may occur after this date without Court permission or, only if permitted by the Court, agreement of all parties. (The Court recommends the Pre-Trial Conference Date for jury cases and 30 days before the first day of the Trial Period for nonjury cases.) Page 3 of 6 Dispositive motion (i.e., summary judgment) and Daubert motion deadline to be filed. (The Court recommends no later than 90 days before the first day of the Trial Period.) Dispositive motion (i.e., summary judgment) and Daubert motion deadline to be heard. (These motions may not be heard within 30 days before the first day of the Trial Period without Court permission. Any pending motion not heard by the Court by this deadline will be denied.) Deadline for all other motions to be heard. (The Court will not permit motions to be heard after Docket Sounding without Court permission. Any pending motion after this date will be denied.) Mediation deadline (The Court recommends no later than the Pre- Trial Conference date.) Magistrate Referral The Court refers certain matters to a general magistrate as permitted by Florida Rule of Civil Procedure 1.490(a). The Court will refer all motions directed to the pleadings and all discovery motions. The parties may agree to additional matters to be referred. Attorney Appearance Each attorney that appears on behalf of a party must file a separate notice of appearance and designation of email address. (Multiple attorneys within the same firm must each file a separate notice of appearance and designation of email address.) This is an on-going requirement for any new attorney that appears during the litigation. Each attorney that appears is fully responsible for the case. Please identify all known attorneys currently appearing for each party for each status that parties holds, such as Plaintiff or Defendant. Some parties may have more than one status, such as Defendant and Counterclaim Plaintiff, and will have multiple entries in the table below. If a party does not have an attorney, simply complete the Party Name and Status of the table below. Please remember that each corporate entity must have an attorney represent it. Additionally, an individual sued in a representative capacity, such as Trustee, must have an attorney represent the person in the person’s representative capacity. Party Name Status Attorney Name FL Bar # Page 4 of 6 The parties agree to this Case Management Report in Case Number : Name: Bar Number: Firm: Email: Address 1: Address 2: Address 3: Attorney for: Date: Signature Name: Bar Number: Firm: Email: Address 1: Address 2: Address 3: Attorney for: Date: Signature Name: Bar Number: Firm: Email: Address 1: Address 2: Address 3: Attorney for: Date: Signature Page 5 of 6 Certificate of Service On , I certify (1) that I sent a copy of the Case Management Report directly to the assigned judge’s Judicial Assistant AND (2) I either (check one box): ܆ electronically filed the foregoing Case Management Report with the Clerk of Court by using the Florida Court, which will send a copy to: or ܆ served a copy of the foregoing Case Management Report by First Class U.S. Mail to: Name: Bar Number: Firm: Email: Address 1: Address 2: Address 3: Attorney for: Name: Bar Number: Firm: Email: Address 1: Address 2: Address 3: Attorney for: Name: Bar Number: Firm: Email: Address 1: Address 2: Address 3: Attorney for: Signature Page 6 of 6 IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR SARASOTA COUNTY, FLORIDA Plaintiff(s) / Petitioner(s), v. Case No.: Division: Defendant(s) / Respondent(s). CASE MANAGEMENT REPORT (for use in Streamlined Cases – Circuit Civil) Did all parties meet and confer as required? ܆Yes. ܆No. (Must attend Initial Case Management Conference unless the Court excuses you.) Are one or more Defendants defaulted? ܆Yes. ܆No. This Case Management Report is submitted on behalf of: ܆All parties named in this lawsuit, each of whom agrees to this Report. ܆Only on behalf of the following party or parties: The parties in this lawsuit request a: ܆Jury trial (to begin within 12 months of the date of filing of the lawsuit). Proposed trial date: ܆Nonjury trial (to begin within 9-12 months of the date of filing of the lawsuit). Proposed trial date: ܆Residential foreclosure trial (to begin within 7 months of the date of filing). Proposed trial date: Setting the case for trial: ܆The parties waive the “at issue” requirement and request the Court to enter an order setting the case for trial for the date agreed to above. ܆The parties do not waive the “at issue” requirement, and the Plaintiff must send the Court a proposed order setting the case for the date agreed to above within 15 days of the case being at issue. The Court will set a firm trial date when at issue. ܆The parties do not agree to a proposed trial date and will attend Initial Case Management Conference and will discuss with the Court setting the case for trial. Page 1 of 5 Trial calendars are posted at https://www.jud12.flcourts.org/About/Divisions/Civil under “DeSoto,” “Manatee,” “Sarasota,” and “South County (Venice)” tabs. The Court in establishing Case Management deadlines will give due regard to the parties’ proposed deadlines. As required by various administrative orders, Case Management deadlines established in the case management order will be strictly enforced. A party must demonstrate good cause for a date to be changed. DEADLINE, EVENT, OR QUESTION RESPONSE Do all parties agree to this Case Management Report? (If no, you ☐ Yes ☐ No must attend the Initial Case Management Conference unless excused by the Court.) Date this lawsuit was filed. Have all Defendants been served? ☐ Yes ☐ No If all Defendants have not been served, what deadline do you propose by when the last Defendant will be served? Deadline for all motions to dismiss directed to the pleadings or objections to the pleadings to be resolved, including motions to strike. (If greater than 60 days, parties must appear at the Initial Case Management Conference, unless excused by the Court.) Deadline to file expert witness lists for experts used to oppose affirmative claims. (The Court recommends 60 days before the Pre- Trial Conference date in jury cases and 60 days before the Trial Period in nonjury cases.) Deadline to file final witness and exhibit lists, which list includes designation of those witnesses and exhibits a party reasonably believes the party will call or use in trial. (The Court recommends 45 days before the Pre-Trial Conference date in jury cases and 45 days before the Trial Period in nonjury cases.) Discovery deadline. No discovery may occur after this date without Court permission or, only if permitted by the Court, agreement of all parties. (The Court recommends the Pre-Trial Conference Date for jury cases and 30 days before the first day of the Trial Period for nonjury cases.) Page 2 of 5 Deadline for all motions to be heard. (The Court will not permit motions to be heard after Docket Sounding without Court permission. Any pending motion after this date will be denied.) Mediation deadline (The Court recommends no later than the Pre- Trial Conference date.) Magistrate Referral The Court refers certain matters to a general magistrate as permitted by Florida Rule of Civil Procedure 1.490(a). The Court will refer all motions directed to the pleadings and all discovery motions. The parties may agree to additional matters to be referred. Attorney Appearance Each attorney that appears on behalf of a party must file a separate notice of appearance and designation of email address. (Multiple attorneys within the same firm must each file a separate notice of appearance and designation of email address.) This is an on-going requirement for any new attorney that appears during the litigation. Each attorney that appears is fully responsible for the case. Please identify all known attorneys currently appearing for each party for each status that parties holds, such as Plaintiff or Defendant. Some parties may have more than one status, such as Defendant and Counterclaim Plaintiff, and will have multiple entries in the table below. If a party does not have an attorney, simply complete the Party Name and Status of the table below. Please remember that each corporate entity must have an attorney represent it. Additionally, an individual sued in a representative capacity, such as Trustee, must have an attorney represent the person in the person’s representative capacity. Party Name Status Attorney Name FL Bar # Page 3 of 5 The parties agree to this Case Management Report in Case Number : Name: Bar Number: Firm: Email: Address 1: Address 2: Address 3: Attorney for: Date: Signature Name: Bar Number: Firm: Email: Address 1: Address 2: Address 3: Attorney for: Date: Signature Name: Bar Number: Firm: Email: Address 1: Address 2: Address 3: Attorney for: Date: Signature Page 4 of 5 Certificate of Service On , I certify (1) that I sent a copy of the Case Management Report directly to the assigned judge’s Judicial Assistant AND (2) I either (check one box): ܆ electronically filed the foregoing Case Management Report with the Clerk of Court by using the Florida Court, which will send a copy to: or ܆ served a copy of the foregoing Case Management Report by First Class U.S. Mail to: Name: Bar Number: Firm: Email: Address 1: Address 2: Address 3: Attorney for: Name: Bar Number: Firm: Email: Address 1: Address 2: Address 3: Attorney for: Name: Bar Number: Firm: Email: Address 1: Address 2: Address 3: Attorney for: Signature Page 5 of 5