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Filing # 139698106 E-Filed 12/03/2021 03:37:18 PM
IN THE CIRCUIT COURT OF THE
19"! JUDICIAL CIRCUIT IN AND FOR
MARTIN COUNTY, FLORIDA
CASE NO.: 2019CA000015
FREDERIC CHARLES GREER, III and
MELISSA ANNE GREER, as Husband
and Wife, and FREDERIC CHARLES
GREER, Ill and MELISSA ANNE
GREER, individually,
Plaintiffs,
vs.
MARTIN MEMORIAL MEDICAL
CENTER, INC., D/B/A MARTIN
MEDICAL CENTER, a Florida
Corporation, KUNAL CHAUDHRY, MD,
and CARDIOLOGY ASSOCIATES OF
STUART, P.A., a Florida Profit
Corporation,
Defendants.
=/
AGREED CIVIL CASE MANAGEMENT PLAN AND ORDER!
TO BE SUBMITTED TO THE COURT FOR APPROVAL WITHIN 30 DAYS AFTER
DATE OF SERVICE ON THE LAST NAMED DEFENDANT
and
Pursuant to Florida Rule of General Practice and Judicial Administration 2250(a)(1)(B)
Florida Rule of Civil Procedure 1A40, the parties hereby submit the following Case Manageme nt
Plan to the Court for approval.
I Case Track Assignment (check one): Case disposition times for all case tracks
have been established in accordance with the Florida Rules of General Practice
and Judicial Administration 2.250(a)(1)(B).
0 Streamlined Track (Case resolved within 12 months without a jury
Plan and
1 pursuant to the Court’s October 30, 2021 Order to Submit Agreed Case Management
already
Order, this Order is being submitted only with the case track assignment, as this matter
Case for Jury Trial,
had a case management conference and the Court entered an Order Setting
#1, dated February 22, 2021.
Electronically Filed Martin 12/03/2021 03:37 PM
trial or within jurisdiction of County Court)
General Track (Case resolved within 18 months with or without a
jury trial.)
Complex Track (Case resolved pursuant to Florida Rule of Civil
Procedure 1.201, with or without a jury trial).
I. Case Events and Deadlines
Event Maximum Deadline Agreed Dates
‘Streamlined General
Service of Service within 120 Service within 120
complaints; under days of filing of the days of filing of the N/A
extensions; adding complaint unless an complaint unless an
parties extension is extension is granted,
granted,
which extension which extension shall
shall not exceed 240 not exceed 240 days N/A
days from the date from the date of filing
of filing of the of the complaint
complaint
Fact and expert Within 270 days Within 450 days after
discovery complete after complaint is complaint is filed January 28, 2022
filed
(Resolution of all Within 45 days after Within 45 days after
objections to filing and prior to filing and prior to the
pleadings, pretrial the pretrial pretrial conference February 11,
motions conference 2022
Mediation occurred within 270 days within 450 days after
after the complaint the complaint is filed N/A
is filed
(Other events
specified by judge)
Projected Date of Trial (A firm trial date shall be ordered by the March 7, 2022
[presiding judge when the case is at issue. Fla. R. Civ. P. 1.440.)
Il. Trial Information
[Estimated Length of Trial (specify number of trial days) 15-20
[Identification of Jury or Non-Jury Trial Jury
The schedule of deadlines herein will be strictly adhered to by the parties unless
change is otherwise agreed to by the parties and approved by the court. The court will
consider a request to approve changes to these deadlines upon a showing of good cause
by either party based on matters arising from an emergency nature or unavailability.
However, once the Civil Case Management Plan has been approved by the court,
procrastination in completing discovery or the unavailability of counsel will not constitute
good cause for a change to these deadlines. The failure to abide by these deadlines may
result in sanctions by the court, including the award of attorney's fees, the striking
of pleadings and/or a dismissal of the action.
IV. Signature of Counsel or Unrepresented Parties
/s/ Peter J. Somera, Jr. /s/ Thomas G. Aubin
Peter J. Somera, Jr., Esq. Thomas G. Aubin, Esq.
Paul M. Silva, MD, Esq. Stearns Weaver Mille Weissler Alhadeff &
Somera & Silva, LLP One Boca Place Sitterson, P.A.
2255 Glades Road, Suite 232W 200 East Las Olas Boulevard, Suite 2100
Boca Raton, FL 33431 Fort Lauderdale, FL 33301
Phone: (561) 981-8881 Primary Email: taubin@stearnsweaver.com
Primary Email: pleadings@somerasilva.com mpodolnick@stearnsweaver.com
Secondary Email: litigation@somerasilva.com Secondary Email: nrodrigues@stearnsweaver.com
Attorneys for Plaintiffs mpetruk@stearnsweaver.com
knetto@stearnsweaver.com
(Counsels for Defendant, Martin Memorial
Medical Center, Inc. d/b/a Martin Memorial
/s/ Geoffrey Fieger
Medical Center)
Geoffrey Fieger, Esq.
Fieger, Fieger, Kenney & Harrington, PC
19390 West Ten Mile Road
Southfield, MI 48075
Primary E-mail: G.Fieger@Fiegerlaw.com
Secondary E-mail: S.Teal@Fiegerlaw.com
(Co-Counsel for Plaintiffs)
ORDER APPROVING CASE MANAGEMENT PLAN
THE COURT having reviewed the preceding Case Management Plan and finding in to be
satisfactory, it is hereby:
ORDERED that the Case Management Plan is approved and all parties shall abide by the terms
herein.
DONE AND ORDERED in Chambers in Martin County, Florida this day of
» 2021.
HONORABLE GARY L. SWEET
Copies furnished to:
Paul M. Silva, MD, Esq.
Peter J, Somera, Jr., Esq.
Somera & Silva, LLP
One Boca Place
2255 Glades Road, Suite 232W
Boca Raton, FL 33431
Primary Email: pleadings@somerasilva.com
Secondary Email: | itigation@somerasilva.com
(Counsel for Plaintiffs)
Geoffrey Fieger, Esq.
Fieger, Fieger, Kenney & Harrington, PC
19390 West Ten Mile Road
Southfield, MI 48075
Primary E-mail: G.Fieger Fiegerlaw.com
Secondary E-mail: $.Teal@Fiegerlaw.com
(Co-Counsel
for Plaintiffs)
Thomas G. Aubin, Esq.
Stearns Weaver Mille Weissler Alhadeff& Sitterson, P.A.
200 East Las Olas Boulevard, Suite 2100
Fort Lauderdale, FL 33301
Primary Email: taubin@stearnsweaver.com
mpodolnick@stearnsweaver.com
Secondary Email: nrodrigues@stearnsweaver.com
mpetruk@stearnsweaver.com
knetto@stearnsweaver.com
(Counsels for Defendant, Martin Memorial Medical Center, Inc.
d/b/a Martin Memorial Medical Center)
Preview
Filing # 139698106 E-Filed 12/03/2021 03:37:18 PM IN THE CIRCUIT COURT OF THE 19"! JUDICIAL CIRCUIT IN AND FOR MARTIN COUNTY, FLORIDA CASE NO.: 2019CA000015 FREDERIC CHARLES GREER, III and MELISSA ANNE GREER, as Husband and Wife, and FREDERIC CHARLES GREER, Ill and MELISSA ANNE GREER, individually, Plaintiffs, vs. MARTIN MEMORIAL MEDICAL CENTER, INC., D/B/A MARTIN MEDICAL CENTER, a Florida Corporation, KUNAL CHAUDHRY, MD, and CARDIOLOGY ASSOCIATES OF STUART, P.A., a Florida Profit Corporation, Defendants. =/ AGREED CIVIL CASE MANAGEMENT PLAN AND ORDER! TO BE SUBMITTED TO THE COURT FOR APPROVAL WITHIN 30 DAYS AFTER DATE OF SERVICE ON THE LAST NAMED DEFENDANT and Pursuant to Florida Rule of General Practice and Judicial Administration 2250(a)(1)(B) Florida Rule of Civil Procedure 1A40, the parties hereby submit the following Case Manageme nt Plan to the Court for approval. I Case Track Assignment (check one): Case disposition times for all case tracks have been established in accordance with the Florida Rules of General Practice and Judicial Administration 2.250(a)(1)(B). 0 Streamlined Track (Case resolved within 12 months without a jury Plan and 1 pursuant to the Court’s October 30, 2021 Order to Submit Agreed Case Management already Order, this Order is being submitted only with the case track assignment, as this matter Case for Jury Trial, had a case management conference and the Court entered an Order Setting #1, dated February 22, 2021. Electronically Filed Martin 12/03/2021 03:37 PM trial or within jurisdiction of County Court) General Track (Case resolved within 18 months with or without a jury trial.) Complex Track (Case resolved pursuant to Florida Rule of Civil Procedure 1.201, with or without a jury trial). I. Case Events and Deadlines Event Maximum Deadline Agreed Dates ‘Streamlined General Service of Service within 120 Service within 120 complaints; under days of filing of the days of filing of the N/A extensions; adding complaint unless an complaint unless an parties extension is extension is granted, granted, which extension which extension shall shall not exceed 240 not exceed 240 days N/A days from the date from the date of filing of filing of the of the complaint complaint Fact and expert Within 270 days Within 450 days after discovery complete after complaint is complaint is filed January 28, 2022 filed (Resolution of all Within 45 days after Within 45 days after objections to filing and prior to filing and prior to the pleadings, pretrial the pretrial pretrial conference February 11, motions conference 2022 Mediation occurred within 270 days within 450 days after after the complaint the complaint is filed N/A is filed (Other events specified by judge) Projected Date of Trial (A firm trial date shall be ordered by the March 7, 2022 [presiding judge when the case is at issue. Fla. R. Civ. P. 1.440.) Il. Trial Information [Estimated Length of Trial (specify number of trial days) 15-20 [Identification of Jury or Non-Jury Trial Jury The schedule of deadlines herein will be strictly adhered to by the parties unless change is otherwise agreed to by the parties and approved by the court. The court will consider a request to approve changes to these deadlines upon a showing of good cause by either party based on matters arising from an emergency nature or unavailability. However, once the Civil Case Management Plan has been approved by the court, procrastination in completing discovery or the unavailability of counsel will not constitute good cause for a change to these deadlines. The failure to abide by these deadlines may result in sanctions by the court, including the award of attorney's fees, the striking of pleadings and/or a dismissal of the action. IV. Signature of Counsel or Unrepresented Parties /s/ Peter J. Somera, Jr. /s/ Thomas G. Aubin Peter J. Somera, Jr., Esq. Thomas G. Aubin, Esq. Paul M. Silva, MD, Esq. Stearns Weaver Mille Weissler Alhadeff & Somera & Silva, LLP One Boca Place Sitterson, P.A. 2255 Glades Road, Suite 232W 200 East Las Olas Boulevard, Suite 2100 Boca Raton, FL 33431 Fort Lauderdale, FL 33301 Phone: (561) 981-8881 Primary Email: taubin@stearnsweaver.com Primary Email: pleadings@somerasilva.com mpodolnick@stearnsweaver.com Secondary Email: litigation@somerasilva.com Secondary Email: nrodrigues@stearnsweaver.com Attorneys for Plaintiffs mpetruk@stearnsweaver.com knetto@stearnsweaver.com (Counsels for Defendant, Martin Memorial Medical Center, Inc. d/b/a Martin Memorial /s/ Geoffrey Fieger Medical Center) Geoffrey Fieger, Esq. Fieger, Fieger, Kenney & Harrington, PC 19390 West Ten Mile Road Southfield, MI 48075 Primary E-mail: G.Fieger@Fiegerlaw.com Secondary E-mail: S.Teal@Fiegerlaw.com (Co-Counsel for Plaintiffs) ORDER APPROVING CASE MANAGEMENT PLAN THE COURT having reviewed the preceding Case Management Plan and finding in to be satisfactory, it is hereby: ORDERED that the Case Management Plan is approved and all parties shall abide by the terms herein. DONE AND ORDERED in Chambers in Martin County, Florida this day of » 2021. HONORABLE GARY L. SWEET Copies furnished to: Paul M. Silva, MD, Esq. Peter J, Somera, Jr., Esq. Somera & Silva, LLP One Boca Place 2255 Glades Road, Suite 232W Boca Raton, FL 33431 Primary Email: pleadings@somerasilva.com Secondary Email: | itigation@somerasilva.com (Counsel for Plaintiffs) Geoffrey Fieger, Esq. Fieger, Fieger, Kenney & Harrington, PC 19390 West Ten Mile Road Southfield, MI 48075 Primary E-mail: G.Fieger Fiegerlaw.com Secondary E-mail: $.Teal@Fiegerlaw.com (Co-Counsel for Plaintiffs) Thomas G. Aubin, Esq. Stearns Weaver Mille Weissler Alhadeff& Sitterson, P.A. 200 East Las Olas Boulevard, Suite 2100 Fort Lauderdale, FL 33301 Primary Email: taubin@stearnsweaver.com mpodolnick@stearnsweaver.com Secondary Email: nrodrigues@stearnsweaver.com mpetruk@stearnsweaver.com knetto@stearnsweaver.com (Counsels for Defendant, Martin Memorial Medical Center, Inc. d/b/a Martin Memorial Medical Center)