On December 31, 2021 a
Order
was filed
involving a dispute between
Bank America Na,
and
Cavinder Lloyd D Trust,
Unknown Beneficiaries,
Unknown Party 1,
Unknown Party 2,
Unknown Party 3,
Unknown Party 4,
Unknown Trustee,
for FCL-NON-HOMESTEAD $0-$50000
in the District Court of Brevard County.
Preview
Filing # 166248687 E-Filed 02/06/2023 09:53:12 PM
IN THE CIRCUIT COURT OF THE
EIGHTEENTH JUDICIAL CIRCUIT IN AND
FOR BREVARD COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO. 05-2021-CA-057940
U.S. BANK TRUST NATIONAL
ASSOCIATION, NOT IN ITS
INDIVIDUAL CAPACITY BUT
SOLELY AS OWNER TRUSTEE
FOR RCF 2 ACQUISITION
TRUST
Plaintiff,
vs.
,et.al.,
Defendant(s)
CASE MANAGEMENT ORDER
(STREAMLINED)
Pursuant to the dictates of Administrative Order AOSC20-23 of the Florida Supreme Court, and
AO 21-24, Eighteenth Judicial Circuit, it is, hereby,
ADJUDGED that the following deadlines are applicable to this action, and that same will be
strictly applied by the Court:
The projected date of trial for this matter is the trial docket beginning April 2024. A firm trial
date will be ordered by the presiding judge. The Court issues an Order Setting Pre-Trial Conference and
Trial Date within at least 120 days from the projected trial docket.
Any request(s) for the addition of new parties, or amendments to the pleadings, shall be served
within__45__days from the response date.
The fact witnesses of all parties shall be disclosed to all other parties no later than__45__days
prior to the above projected trial date.
All of Plaintiff's Expert Witnesses shall be disclosed to all other parties no later than_90__days
prior to the above projected trial date. Defendant’s Expert Witnesses shall be disclosed to all other parties
within 30 days thereafter.
All fact AND expert discovery shall be completed no later than__30__ days prior to the above
projected trial date.
All objections to the pleadings, and all pre-trial motions shall be resolved no later than_120
days prior to the above projected trial date.
Filing 166248687 BANK AMERICA VS LLOYD CAVINDER 05-2021-CA-057940-XXXX-XX
Dispositive Motions, including Daubert Motions, shall be resolved no later than _15 _ days prior to
the above projected trial date.
Mediation shall be completed no later than 45 days prior to the above projected trial date.
ORDER
THE COURT, having reviewed the preceding Case Management Dates finding them to be
satisfactory. Accordingly, it is hereby ORDERED that
1 COMPLIANCE WITH THIS CASE MANAGEMENT ORDER: The parties shall
strictly comply with the terms of this Case Management Plan and Case Management Order unless otherwise
ordered by the Court. FAILURE TO COMPLY WITH ALL REQUIREMENTS OF THIS ORDER WILL
RESULT IN THE IMPOSITION OF SANCTIONS.
2 ADDITIONAL EIGHTEENTH CIRCUIT AND DIVISION SPECIFIC
GUIDELINES: All counsel and unrepresented parties shall familiarize themselves and comply with the
requirements of the following: (i) Amended Administrative Order Establishing the Eighteenth Judicial
Circuit Courtroom Decorum Policy (AO 09-06); and (ii) any division-specific guidelines and policies
that may be applicable.
3. MODIFICATION OF THIS ORDER: The parties may not, individually or by
agreement, alter or extend the deadlines in this Order, or waive any of the provisions of this Order. The
provisions of this Order may be modified only upon motion/stipulation and Court order in accordance with
applicable law.
4. NOTICES FOR TRIAL: Parties may file a Notice for Trial if they are ready for trial
more than 120 days prior to the above projected trial date. Plaintiff shall confer with opposing
counsel/party regarding the anticipated length of trial and file a Notice for Trial. The Plaintiff shall
forward a copy of the Notice for Trial to the Case Manager at the email address noted on the Eighteenth
Judicial Circuit website.
5. DISCOVERY: All counsel and unrepresented parties shall familiarize themselves with
the current edition of the Florida Handbook on Civil Discovery Practice and seek to resolve discovery issues
without court intervention whenever possible.
6. SERVICE OF THIS ORDER: Counsel is ordered to promptly serve and file proof with
the Clerk, no more than five (5) business days from the date of this Order that all pro se parties, subsequently
named or appearing herein, have been served copies of this Order. In the event a party is unrepresented and
has not designated an email address for purposes of electronic service, counsel for Plaintiff shall be
responsible for serving this Order and all future orders of the Court via a non-electronic means (U.S. mail,
Federal Express or the equivalent) and shall file a Certificate of Service with the Court indicating who was
served, the date of service, and the method of service (including any address or email used) within three (3)
business days. If Plaintiff is unrepresented, Counsel for the Defendant shall have this same obligation. If
all parties are unrepresented, the Plaintiff shall provide stamped addressed envelopes to the Court with
submission of this and any other proposed Order.
Filing 166248687 BANK AMERICA VS LLOYD CAVINDER 05-2021-CA-057940-XXXX-XX
7. SETTLEMENT: The case will not be removed from the docket until all documents
necessary for closure of the case are filed with the Clerk and notification has been provided to the judicial
assistant. A notice of settlement is not sufficient to remove the case from the trial docket.
DONE AND ORDERED this 2" day of February 2023, in Brevard County, Florida.
/S/MichelleNaberhaus
MICHELLE NABERHAUS
CIRCUIT JUDGE
A true and correct co, of the foregoin was distributed to all parties by filing and service via
the eportal to all attorney(s)/interested parties identified on the eportal Electronic Service List.
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 in your
county at least 7 days before your scheduled court appearance, orimmediately
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 166248687 BANK AMERICA VS LLOYD CAVINDER 05-2021-CA-057940-XXXX-XX
Document Filed Date
February 06, 2023
Case Filing Date
December 31, 2021
Category
FCL-NON-HOMESTEAD $0-$50000
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Filing # 166248687 E-Filed 02/06/2023 09:53:12 PM IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR BREVARD COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO. 05-2021-CA-057940 U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR RCF 2 ACQUISITION TRUST Plaintiff, vs. ,et.al., Defendant(s) CASE MANAGEMENT ORDER (STREAMLINED) Pursuant to the dictates of Administrative Order AOSC20-23 of the Florida Supreme Court, and AO 21-24, Eighteenth Judicial Circuit, it is, hereby, ADJUDGED that the following deadlines are applicable to this action, and that same will be strictly applied by the Court: The projected date of trial for this matter is the trial docket beginning April 2024. A firm trial date will be ordered by the presiding judge. The Court issues an Order Setting Pre-Trial Conference and Trial Date within at least 120 days from the projected trial docket. Any request(s) for the addition of new parties, or amendments to the pleadings, shall be served within__45__days from the response date. The fact witnesses of all parties shall be disclosed to all other parties no later than__45__days prior to the above projected trial date. All of Plaintiff's Expert Witnesses shall be disclosed to all other parties no later than_90__days prior to the above projected trial date. Defendant’s Expert Witnesses shall be disclosed to all other parties within 30 days thereafter. All fact AND expert discovery shall be completed no later than__30__ days prior to the above projected trial date. All objections to the pleadings, and all pre-trial motions shall be resolved no later than_120 days prior to the above projected trial date. Filing 166248687 BANK AMERICA VS LLOYD CAVINDER 05-2021-CA-057940-XXXX-XX Dispositive Motions, including Daubert Motions, shall be resolved no later than _15 _ days prior to the above projected trial date. Mediation shall be completed no later than 45 days prior to the above projected trial date. ORDER THE COURT, having reviewed the preceding Case Management Dates finding them to be satisfactory. Accordingly, it is hereby ORDERED that 1 COMPLIANCE WITH THIS CASE MANAGEMENT ORDER: The parties shall strictly comply with the terms of this Case Management Plan and Case Management Order unless otherwise ordered by the Court. FAILURE TO COMPLY WITH ALL REQUIREMENTS OF THIS ORDER WILL RESULT IN THE IMPOSITION OF SANCTIONS. 2 ADDITIONAL EIGHTEENTH CIRCUIT AND DIVISION SPECIFIC GUIDELINES: All counsel and unrepresented parties shall familiarize themselves and comply with the requirements of the following: (i) Amended Administrative Order Establishing the Eighteenth Judicial Circuit Courtroom Decorum Policy (AO 09-06); and (ii) any division-specific guidelines and policies that may be applicable. 3. MODIFICATION OF THIS ORDER: The parties may not, individually or by agreement, alter or extend the deadlines in this Order, or waive any of the provisions of this Order. The provisions of this Order may be modified only upon motion/stipulation and Court order in accordance with applicable law. 4. NOTICES FOR TRIAL: Parties may file a Notice for Trial if they are ready for trial more than 120 days prior to the above projected trial date. Plaintiff shall confer with opposing counsel/party regarding the anticipated length of trial and file a Notice for Trial. The Plaintiff shall forward a copy of the Notice for Trial to the Case Manager at the email address noted on the Eighteenth Judicial Circuit website. 5. DISCOVERY: All counsel and unrepresented parties shall familiarize themselves with the current edition of the Florida Handbook on Civil Discovery Practice and seek to resolve discovery issues without court intervention whenever possible. 6. SERVICE OF THIS ORDER: Counsel is ordered to promptly serve and file proof with the Clerk, no more than five (5) business days from the date of this Order that all pro se parties, subsequently named or appearing herein, have been served copies of this Order. In the event a party is unrepresented and has not designated an email address for purposes of electronic service, counsel for Plaintiff shall be responsible for serving this Order and all future orders of the Court via a non-electronic means (U.S. mail, Federal Express or the equivalent) and shall file a Certificate of Service with the Court indicating who was served, the date of service, and the method of service (including any address or email used) within three (3) business days. If Plaintiff is unrepresented, Counsel for the Defendant shall have this same obligation. If all parties are unrepresented, the Plaintiff shall provide stamped addressed envelopes to the Court with submission of this and any other proposed Order. Filing 166248687 BANK AMERICA VS LLOYD CAVINDER 05-2021-CA-057940-XXXX-XX 7. SETTLEMENT: The case will not be removed from the docket until all documents necessary for closure of the case are filed with the Clerk and notification has been provided to the judicial assistant. A notice of settlement is not sufficient to remove the case from the trial docket. DONE AND ORDERED this 2" day of February 2023, in Brevard County, Florida. /S/MichelleNaberhaus MICHELLE NABERHAUS CIRCUIT JUDGE A true and correct co, of the foregoin was distributed to all parties by filing and service via the eportal to all attorney(s)/interested parties identified on the eportal Electronic Service List. 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 in your county at least 7 days before your scheduled court appearance, orimmediately 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 166248687 BANK AMERICA VS LLOYD CAVINDER 05-2021-CA-057940-XXXX-XX