Preview
Filing # 172831472 E-Filed 05/10/2023 11:03:29 AM
IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT, IN AND FOR
BREVARD COUNTY, FLORIDA
CASE NO: 05-2021-CA-057574
BRANDON DAMES
ASHLEY DAMES,
Plaintiff,
-VS-
STATE FARM FLORIDA INSURANCE COMPANY,
Defendant.
ences sr tntnrstiennn
« PLAINTIFF’S COUNSEL SHALL BE RESPONSIBLE FOR COORDINATING THE
PREPARATION OF THE PRE-TRIAL STIPULATION AND ORDER.
* PLEASE SEND COPY OF PRE-TRIAL STIPULATION AND JURY INSTRUCTIONS/
PROPOSED VERDICT FORMS DIRECTLY TO THE JUDGE AT LEAST THREE (3) BUSINESS
DAYS PRIOR TO THE PRE-TRIAL CONFERENCE.
ORDER SETTING: JURY TRIAL, PRE-TRIAL CONFERENCE, and DIRECTING PRE-TRIAL
COMPLIANCE
It appears that the above-styled case is at issue and ready for trial. On the Court’s own Motion, it is
ORDERED:
JURY TRIAL: The Jury Trial in this matter will be tried during the Court’s fifteen (15) day jury trial
docket beginning Monday, August 14, 2023, at 9:00am, at the Harry T. and Harriette V. Moore
Justice Center, 2825 Judge Fran Jamieson Way, Viera, Florida. The trial, including jury selection,
will take four (4) days.
An Order of Trials for the trial docket will be entered and served prior to the start of the trial docket.
2. PRE-TRIAL CONFERENCE: A Pre-Trial Conference pursuant to Rule 1.200, Florida Rules of Civil
Procedure, to consider all matters suggested herein to facilitate the orderly disposition of this case, will be
held on Monday, August 07, 2023, at 9:00am before this Court at the Harry T. and Harriette V.
Moore Justice Center, 2825 Judge Fran Jamieson Way, Viera, Florida.
Each party shall be represented at the Pre-Trial Conference by the attorney or pro se litigant who
expects to conduct the actual trial of this cause.
ATTORNEYS AND PRO SE LITIGANTS MUST BE PRESENT for the Pre-Trial Conference.
Filing 172@8:b672CA-057574 BRANDON DAMES, e, Wop3ATE FARM 05-2021-CA-057574-XXXX-XX
FLORIDA INSURANCE IPANY
Appearances at Pre-Trial Conferences are IN PERSON only. No remote appearances will be
permitted.
3. JOINT PRE-TRIAL STIPULATION: Counsel for the parties and pro se litigants shall, at least three (3)
business days prior to the Pre-Trial Conference, file with the Clerk of the Court a JOINT Pre-Trial
Stipulation, signed by the attorneys who will try the case.
A. THE JOINT PRE-TRIAL STIPULATION SHALL INCLUDE:
i, A concise statement of the cause of action sued upon (including nature of the action, date and place of
accrual, and identity of the parties as they relate to the action).
ii. A concise statement of any Counterclaim, Crossclaim or Third-Party Claim contained in this action.
iii. An accurate, complete, and concise statement of the issues to be tried on each of the above claims.
iv. A good faith estimate of the time required to try your portion of the case.
v A list of:
Any undisposed of motions.
Any amendments to be made to the pleadings.
Vi A schedule of exhibits to be offered at trial, marked for I-D., lettered consecutively as, e.g. Plaintiff's
or Defendant’s Pre-Trial Exhibit A, B, C, etc. After Z, start with AA, AB, AC, etc. After AZ, start
with BA, BB, BC, etc. Also prepare an exhibit log listing all exhibits with sufficient copies of the log
for counsel, the court and the clerk.
vii. A complete list of witnesses from whom testimony will be presented at the trial, together with the
address of each witness.
viii. A statement containing the following information:
a. Whether a settlement demand has been made. If so, the date last such demand was made.
b. Whether opposing parties have made an offer to said settlement demand. If so, the date last such
settlement offer was made.
c. Whether you consider settlement possibility to be good, fair, poor or nil.
MEDIATION: Within twenty (20) days from the date of this Order, the attorney for the Plaintiff shall
file with the Court a Mediation Stipulation completed and signed by or on behalf of all parties. If no
agreement is reached, the attorney for Plaintiff shall file a Statement of No Agreement.
TRIAL EXHIBITS: The parties shall meet prior to submission of the Pre-Trial Stipulation to exchange
trial exhibits. Plaintiff’s counsel shall be held responsible by the Court for arranging and holding a
meeting for inspection of exhibits.
Filing 172@8:b672CA-057574 BRANDON DAMES, e, YoSIATE FARM 05-2021-CA-057574-XXXX-XX
FLORIDA INSURANCE IPANY
The attorneys and pro se litigants shall initial the back of each other’s exhibits so that there will be no
dispute regarding whether a trial exhibit was disclosed to all parties.
6. TRIAL BRIEFS AND TRIAL NOTEBOOKS: If applicable, these must be submitted to the Court three
(3) business days before the trial period begins.
7, PRE-TRIAL CONFERENCE:
A. Matters to be addressed at the Pre-Trial Conference:
i, MEDIATION: The parties will notify the Court as to the date mediation took place.
ii. TARGET DATES: The parties will advise the Court if all target dates as agreed by the parties or
ordered by the Court (including discovery) have been met.
iii. RULE OF SEQUESTRATION: The parties will notify the Court if the Rule of Sequestration will
be invoked. If so, it will be invoked prior to voir dire. Parties shall instruct their respective witnesses
on this matter.
iv. VENIRE AND VOIR DIRE: Counsel and pro se litigants will notify the Court at the Pre-Trial
Conference as to the number of jurors that will be needed in the venire.
The following procedure will be used at trial to comply with Rule 1.431(e),
Florida Rules of Civil Procedure. Plaintiff will initially examine the venire
without making any preemptory challenges. Defendant will then examine the
venire. Prior to the exercise of “for cause” challenges and preemptory
challenges, the venire will be asked to leave the Courtroom. Back striking is
permitted.
There will be two alternate jurors chosen.
v, OPENING STATEMENTS: The parties will notify the Court at the Pre-Trial Conference as to the
length of time each party is requesting for opening statement.
The parties will notify the Court and all parties as to any demonstrative aids
requested to be used in opening statement. All objections to any demonstrative
aids will be made at the Pre-Trial Conference.
vi. COURT REPORTER: The parties will notify the Court regarding which party is responsible for
ordering the Court Reporter, and who will pay for the Court Reporter.
vii. COURTROOM NEEDS: Any technology, audiovisual or other courtroom needs should be brought
to the Court’s attention (e.g. DVD player, television, etc.). Go to https://flcourts18.org/court-
programs/information-technology/ to see what is in the courtrooms and to reserve additional
equipment.
viii. SCHEDULING ISSUES: Any scheduling problems with witnesses or attorneys or pro se litigants
Filing 172@8:b672CA-057574 BRANDON DAMES, e, YoSIATE FARM 05-2021-CA-057574-XXXX-XX
FLORIDA INSURANCE IPANY
should be brought to the Court’s attention.
ix, JUDICIAL NOTICE: The parties will notify the Court of any issues to be judicially noticed.
B. The following shall be brought to the Pre-Trial Conference by the parties (the parties shall
bring enough copies for the Court, opposing parties, and the clerk):
i, STATEMENT OF THE CASE: The parties will prepare and bring to the Pre-Trial Conference a
Statement of the Case that the Court should read to the venire.
ii. EXHIBIT LOG: The parties shall prepare an exhibit log listing all exhibits to be offered at trial.
The trial exhibits shall be marked for identification and lettered consecutively
(e.g. Plaintiff's or Defendant’s Pre-Trial Exhibit A, B, C, etc. After Z, start
with AA, AB, AC, etc. After AZ start with BA, BB, BC etc.)
The exhibit logs should reflect objections to the trial exhibit(s) and the basis
of the objection(s) (except hearsay and relevancy which will be addressed
during the trial). The Court will address those objections at the Pre-Trial
Conference.
iii. JURY INSTRUCTIONS AND VERDICT FORMS: Jury instructions and proposed verdict forms
shall be sent to the Court at least three (3) business days prior to the Pre-Trial Conference. All
requested jury instructions shall be printed in full. Instructions from Florida Standard Jury
Instructions shall not be requested by number only.
Jury Instructions:
¢ Initial Jury Instructions will be given prior to opening statements
Final Jury Instructions will be given prior to closing arguments
Jurors will be permitted to take notes and ask questions §40.50, Fla. Stat.
iv. DEPOSITIONS TO BE READ AT TRIAL: If there are depositions to be read at trial in lieu of
live testimony and if there are objections contained in the deposition(s) that the Court must rule on, a
copy of the Deposition(s) should be brought to the Pre-Trial Conference and left with the Court so
that the Court can read the entire deposition(s) prior to trial.
8. PENALTIES: Upon failure of any party to comply with the provisions of this Order, the Court will avail
itself of such penalty provisions as may be provided by law.
It is further ADJUDGED that within five days from the date of eservice of this Order, Plaintiff’s counsel
shall:
1. Furnish a copy of this Order to each self-represented party by U.S. Mail, first class, postage paid; and
2. File a certificate signed by Plaintiff's counsel that delivery of this Order has been made as set forth
Filing 172@8:b672CA-057574 BRANDON DAMES, e, YoSIATE FARM 05-2021-CA-057574-XXXX-XX
FLORIDA INSURANCE IPANY
herein.
DONE AND ORDERED in Brevard County, Florida on Wednesday, May 10, 2023.
/S/ Michelle Naberhaus
CIRCUIT JUDGE
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Order was furnished to
PARKER, DALE L ALLEN, BRIAN T
service-dparker@bankerlopez.com service-ballen
@ bankerlopez.com.
MORELLI, THOMAS L
tom @morelli-law.com
admin @morelli-law.com
this Wednesday, May 10, 2023.
Oy OSS EO aa
Qbaapa.tofong
f
7
4b al inna 05-2021-CA-057574
Linkous, Case Manager
05/10/2023 11:03:22 AM
ATTN: PERSONS WITH DISABILITIES. 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 the
ADA Coordinator at Court Administration, 2825 Judge Fran Jamieson Way, 3rd
floor, Viera, Florida, 32940-8006, (321) 633-2171 ext. 3 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.
Filing 172@8:b672CA-057574 BRANDON DAMES, e, YoSIATE FARM 05-2021-CA-057574-XXXX-XX
FLORIDA INSURANCE IPANY
Preview
Filing # 172831472 E-Filed 05/10/2023 11:03:29 AM IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT, IN AND FOR BREVARD COUNTY, FLORIDA CASE NO: 05-2021-CA-057574 BRANDON DAMES ASHLEY DAMES, Plaintiff, -VS- STATE FARM FLORIDA INSURANCE COMPANY, Defendant. ences sr tntnrstiennn « PLAINTIFF’S COUNSEL SHALL BE RESPONSIBLE FOR COORDINATING THE PREPARATION OF THE PRE-TRIAL STIPULATION AND ORDER. * PLEASE SEND COPY OF PRE-TRIAL STIPULATION AND JURY INSTRUCTIONS/ PROPOSED VERDICT FORMS DIRECTLY TO THE JUDGE AT LEAST THREE (3) BUSINESS DAYS PRIOR TO THE PRE-TRIAL CONFERENCE. ORDER SETTING: JURY TRIAL, PRE-TRIAL CONFERENCE, and DIRECTING PRE-TRIAL COMPLIANCE It appears that the above-styled case is at issue and ready for trial. On the Court’s own Motion, it is ORDERED: JURY TRIAL: The Jury Trial in this matter will be tried during the Court’s fifteen (15) day jury trial docket beginning Monday, August 14, 2023, at 9:00am, at the Harry T. and Harriette V. Moore Justice Center, 2825 Judge Fran Jamieson Way, Viera, Florida. The trial, including jury selection, will take four (4) days. An Order of Trials for the trial docket will be entered and served prior to the start of the trial docket. 2. PRE-TRIAL CONFERENCE: A Pre-Trial Conference pursuant to Rule 1.200, Florida Rules of Civil Procedure, to consider all matters suggested herein to facilitate the orderly disposition of this case, will be held on Monday, August 07, 2023, at 9:00am before this Court at the Harry T. and Harriette V. Moore Justice Center, 2825 Judge Fran Jamieson Way, Viera, Florida. Each party shall be represented at the Pre-Trial Conference by the attorney or pro se litigant who expects to conduct the actual trial of this cause. ATTORNEYS AND PRO SE LITIGANTS MUST BE PRESENT for the Pre-Trial Conference. Filing 172@8:b672CA-057574 BRANDON DAMES, e, Wop3ATE FARM 05-2021-CA-057574-XXXX-XX FLORIDA INSURANCE IPANY Appearances at Pre-Trial Conferences are IN PERSON only. No remote appearances will be permitted. 3. JOINT PRE-TRIAL STIPULATION: Counsel for the parties and pro se litigants shall, at least three (3) business days prior to the Pre-Trial Conference, file with the Clerk of the Court a JOINT Pre-Trial Stipulation, signed by the attorneys who will try the case. A. THE JOINT PRE-TRIAL STIPULATION SHALL INCLUDE: i, A concise statement of the cause of action sued upon (including nature of the action, date and place of accrual, and identity of the parties as they relate to the action). ii. A concise statement of any Counterclaim, Crossclaim or Third-Party Claim contained in this action. iii. An accurate, complete, and concise statement of the issues to be tried on each of the above claims. iv. A good faith estimate of the time required to try your portion of the case. v A list of: Any undisposed of motions. Any amendments to be made to the pleadings. Vi A schedule of exhibits to be offered at trial, marked for I-D., lettered consecutively as, e.g. Plaintiff's or Defendant’s Pre-Trial Exhibit A, B, C, etc. After Z, start with AA, AB, AC, etc. After AZ, start with BA, BB, BC, etc. Also prepare an exhibit log listing all exhibits with sufficient copies of the log for counsel, the court and the clerk. vii. A complete list of witnesses from whom testimony will be presented at the trial, together with the address of each witness. viii. A statement containing the following information: a. Whether a settlement demand has been made. If so, the date last such demand was made. b. Whether opposing parties have made an offer to said settlement demand. If so, the date last such settlement offer was made. c. Whether you consider settlement possibility to be good, fair, poor or nil. MEDIATION: Within twenty (20) days from the date of this Order, the attorney for the Plaintiff shall file with the Court a Mediation Stipulation completed and signed by or on behalf of all parties. If no agreement is reached, the attorney for Plaintiff shall file a Statement of No Agreement. TRIAL EXHIBITS: The parties shall meet prior to submission of the Pre-Trial Stipulation to exchange trial exhibits. Plaintiff’s counsel shall be held responsible by the Court for arranging and holding a meeting for inspection of exhibits. Filing 172@8:b672CA-057574 BRANDON DAMES, e, YoSIATE FARM 05-2021-CA-057574-XXXX-XX FLORIDA INSURANCE IPANY The attorneys and pro se litigants shall initial the back of each other’s exhibits so that there will be no dispute regarding whether a trial exhibit was disclosed to all parties. 6. TRIAL BRIEFS AND TRIAL NOTEBOOKS: If applicable, these must be submitted to the Court three (3) business days before the trial period begins. 7, PRE-TRIAL CONFERENCE: A. Matters to be addressed at the Pre-Trial Conference: i, MEDIATION: The parties will notify the Court as to the date mediation took place. ii. TARGET DATES: The parties will advise the Court if all target dates as agreed by the parties or ordered by the Court (including discovery) have been met. iii. RULE OF SEQUESTRATION: The parties will notify the Court if the Rule of Sequestration will be invoked. If so, it will be invoked prior to voir dire. Parties shall instruct their respective witnesses on this matter. iv. VENIRE AND VOIR DIRE: Counsel and pro se litigants will notify the Court at the Pre-Trial Conference as to the number of jurors that will be needed in the venire. The following procedure will be used at trial to comply with Rule 1.431(e), Florida Rules of Civil Procedure. Plaintiff will initially examine the venire without making any preemptory challenges. Defendant will then examine the venire. Prior to the exercise of “for cause” challenges and preemptory challenges, the venire will be asked to leave the Courtroom. Back striking is permitted. There will be two alternate jurors chosen. v, OPENING STATEMENTS: The parties will notify the Court at the Pre-Trial Conference as to the length of time each party is requesting for opening statement. The parties will notify the Court and all parties as to any demonstrative aids requested to be used in opening statement. All objections to any demonstrative aids will be made at the Pre-Trial Conference. vi. COURT REPORTER: The parties will notify the Court regarding which party is responsible for ordering the Court Reporter, and who will pay for the Court Reporter. vii. COURTROOM NEEDS: Any technology, audiovisual or other courtroom needs should be brought to the Court’s attention (e.g. DVD player, television, etc.). Go to https://flcourts18.org/court- programs/information-technology/ to see what is in the courtrooms and to reserve additional equipment. viii. SCHEDULING ISSUES: Any scheduling problems with witnesses or attorneys or pro se litigants Filing 172@8:b672CA-057574 BRANDON DAMES, e, YoSIATE FARM 05-2021-CA-057574-XXXX-XX FLORIDA INSURANCE IPANY should be brought to the Court’s attention. ix, JUDICIAL NOTICE: The parties will notify the Court of any issues to be judicially noticed. B. The following shall be brought to the Pre-Trial Conference by the parties (the parties shall bring enough copies for the Court, opposing parties, and the clerk): i, STATEMENT OF THE CASE: The parties will prepare and bring to the Pre-Trial Conference a Statement of the Case that the Court should read to the venire. ii. EXHIBIT LOG: The parties shall prepare an exhibit log listing all exhibits to be offered at trial. The trial exhibits shall be marked for identification and lettered consecutively (e.g. Plaintiff's or Defendant’s Pre-Trial Exhibit A, B, C, etc. After Z, start with AA, AB, AC, etc. After AZ start with BA, BB, BC etc.) The exhibit logs should reflect objections to the trial exhibit(s) and the basis of the objection(s) (except hearsay and relevancy which will be addressed during the trial). The Court will address those objections at the Pre-Trial Conference. iii. JURY INSTRUCTIONS AND VERDICT FORMS: Jury instructions and proposed verdict forms shall be sent to the Court at least three (3) business days prior to the Pre-Trial Conference. All requested jury instructions shall be printed in full. Instructions from Florida Standard Jury Instructions shall not be requested by number only. Jury Instructions: ¢ Initial Jury Instructions will be given prior to opening statements Final Jury Instructions will be given prior to closing arguments Jurors will be permitted to take notes and ask questions §40.50, Fla. Stat. iv. DEPOSITIONS TO BE READ AT TRIAL: If there are depositions to be read at trial in lieu of live testimony and if there are objections contained in the deposition(s) that the Court must rule on, a copy of the Deposition(s) should be brought to the Pre-Trial Conference and left with the Court so that the Court can read the entire deposition(s) prior to trial. 8. PENALTIES: Upon failure of any party to comply with the provisions of this Order, the Court will avail itself of such penalty provisions as may be provided by law. It is further ADJUDGED that within five days from the date of eservice of this Order, Plaintiff’s counsel shall: 1. Furnish a copy of this Order to each self-represented party by U.S. Mail, first class, postage paid; and 2. File a certificate signed by Plaintiff's counsel that delivery of this Order has been made as set forth Filing 172@8:b672CA-057574 BRANDON DAMES, e, YoSIATE FARM 05-2021-CA-057574-XXXX-XX FLORIDA INSURANCE IPANY herein. DONE AND ORDERED in Brevard County, Florida on Wednesday, May 10, 2023. /S/ Michelle Naberhaus CIRCUIT JUDGE CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Order was furnished to PARKER, DALE L ALLEN, BRIAN T service-dparker@bankerlopez.com service-ballen @ bankerlopez.com. MORELLI, THOMAS L tom @morelli-law.com admin @morelli-law.com this Wednesday, May 10, 2023. Oy OSS EO aa Qbaapa.tofong f 7 4b al inna 05-2021-CA-057574 Linkous, Case Manager 05/10/2023 11:03:22 AM ATTN: PERSONS WITH DISABILITIES. 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 the ADA Coordinator at Court Administration, 2825 Judge Fran Jamieson Way, 3rd floor, Viera, Florida, 32940-8006, (321) 633-2171 ext. 3 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. Filing 172@8:b672CA-057574 BRANDON DAMES, e, YoSIATE FARM 05-2021-CA-057574-XXXX-XX FLORIDA INSURANCE IPANY