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  • TERRY BROCK vs MISS BECKY'S SEAFOOD, INC. document preview
  • TERRY BROCK vs MISS BECKY'S SEAFOOD, INC. document preview
  • TERRY BROCK vs MISS BECKY'S SEAFOOD, INC. document preview
  • TERRY BROCK vs MISS BECKY'S SEAFOOD, INC. document preview
  • TERRY BROCK vs MISS BECKY'S SEAFOOD, INC. document preview
  • TERRY BROCK vs MISS BECKY'S SEAFOOD, INC. document preview
  • TERRY BROCK vs MISS BECKY'S SEAFOOD, INC. document preview
  • TERRY BROCK vs MISS BECKY'S SEAFOOD, INC. document preview
						
                                

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IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL, CLAY, AND NASSAU COUNTIES FLORIDA TERRY BROCK CASE NO.: 16-2023-CA-006709-XXXX-MA Plaintiff(s) DIVISION: CV-A (CIRCUIT COURT) Vv. MISS BECKY'S SEAFOOD, INC. Defendant(s). / ORDER SETTING CASE MANAGEMENT PLAN FOR NON-COMPLEX CASES This civil action comes before the Court upon Plaintiff filing a complaint. The Court now establishes a Case Management Plan as set forth below. If a case is declared complex, the parties shall follow the procedures in Florida Rule of Civil Procedure 1.201, rather than this Case Management Plan. DEADLINE OR EVENT AGREED DATE Deadline for Service of Process 120 days Within 60 days of filing the motion/objection or, if Motions to Dismiss, Motion for More Definite such motion/objection was previously filed, within Statement, Motions to Strike and any 60 days of the date of the order approving this Case objections to the pleadings Management Plan, counsel must schedule with the Court’s Judicial Assistant a hearing on the motion/objection. Failure to do so will result in the motion/objection being deemed abandoned and denied. Non-movant shall timely submit a proposed order if the motion/objection is deemed abandoned and denied. Plaintiff must and any party may file a notice that the action is at issue and ready to be set for trial Notice for Trial pursuant to Florida Rule of Civil Procedure 1.440 (b) and any party filing a notice for trial shall also submit to the Court a completed Trial Set Memorandum within ten (10) days from the date the case is at issue as defined by Rule 1.440(a). Each civil division’s Trial Set Memorandum and any other procedures for setting trials are posted on the Fourth Judicial Circuit’s website: jud4.org. It is ORDERED: 1 COMPLIANCE WITH THIS CASE MANAGEMENT PLAN: The parties shall strictly comply with the terms of this Case Management Plan, unless otherwise ordered by the Court. Failure to comply with all requirements of this order may result in the imposition of sanctions, including dismissal of the case. ADDITIONAL FOURTH CIRCUIT AND DIVISION SPECIFIC GUIDELINES: All counsel and unrepresented parties shall familiarize themselves and comply with the requirements of the Fourth Judicial Circuit’s Administrative Order 2023-05, In Re: Civil Case Management and Resolution in Circuit Court of Non-Complex Cases (Attachment 1), and any division-specific guidelines that may apply. 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, according to applicable law. NOTICE FOR TRIAL: Plaintiff shall and any party may file a notice that the action is at issue and ready to be set for trial pursuant to Florida Rule of Civil Procedure 1.440(b) and submit to the Court a completed Trial Set Memorandum no later than ten (10) days after the date the case is at issue as defined by Florida Rule of Civil Procedure 1.440(a) to schedule the case for trial pursuant to the division’s procedures. 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. SERVICE OF THIS ORDER: Counsel for Plaintiff shall promptly serve and file proof with the Clerk, no more than five (5) business days from the date of this Order, that all unrepresented parties, subsequently named or appearing in this case, have been served copies of this Order. Ifa party is unrepresented and has not designated an email address for purposes of electronic service, counsel for Plaintiff shall be responsible for serving all future orders of the Court via 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 address used, within three (3) business days. If Plaintiff is unrepresented, Counsel for Defendant shall have this same obligation. If all parties are unrepresented, Plaintiff shall provide stamped addressed envelopes to the Court with submission of this and any other proposed Order. DONE at Jacksonville, Duval County, Florida, on 28th of March, 2023. Wasa jane” CIRCUIT JUDGE If you are a person with a disability who needs any accommodation 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 least seven (7) days before your scheduled court appearance orimmediately uponreceiving this notice if thetime before the scheduled appearance is less than seven (7) days. If you are hearing or voice impaired, call 711. ADA Coordinator: Debra Marchant, Human Resources Manager, Duval County Courthouse, 501 W. Adams Street, Jacksonville, FL 32202. (904) 255-1695. Attachment IN THE CIRCUIT COURT, FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL, CLAY, AND NASSAU COUNTIES, FLORIDA ADMINISTRATIVE ORDER NO. 2023-05 IN RE: CIVIL CASE MANAGEMENT AND RESOLUTION OF NON-COMPLEX CASES FILED IN CIRCUIT COURT WHEREAS, on April 13, 2021, the Supreme Court of Florida entered Administrative Order No. AOSC20-23, Amendment 12, In re: Comprehensive COVID-19 Emergency Measures Jor Florida Trial Courts to address the backlog of civil cases currently pending and anticipated to be filed in Florida Courts; and WHEREAS, the Supreme Court of Florida has directed all chief judges of all judicial circuits to issue an administrative order that applies to each county within the judicial circuit and that requires the presiding judge for each civil case to actively manage civil cases; and WHEREAS, the Fourth Judicial Circuit has issued multiple administrative orders addressing civil case management in the Circuit, including Second Amended Administrative Order No. 2021-09 for circuit court cases filed on or after April 30, 2021, and Administrative Order No. 2021-21 for circuit court cases filed before April 30, 2021; and WHEREAS, Administrative Order No. AOSC20-23, Amendment 12, requires chief judges to “direct all judges within their circuits to strictly comply with Florida Rule of 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”; WHEREAS, Administrative Order No. AOSC20-23, Amendment 12, further encourages all judges where consistent with public health and safety to “Implement scheduling practices that promote the conduct of as many jury trials as feasible and “[c]Jommunicate to the local Bar that lawyers must strictly comply with Florida Rule of General Practice and Judicial Administration 2.545(a), which requires lawyers to conclude litigation as soon as it is reasonably and justly possible to do so, and that the pandemic alone is not a basis for a lawyer’s failure to prepare a case for trial or otherwise actively manage a case”; and WHEREAS, the Circuit’s civil case management procedures for non-complex cases have been in place for a sufficient time to evaluate their effectiveness and to determine a more streamlined process is necessary; and WHEREAS, this Administrative Order is created to streamline the civil case management process for all non-complex civil cases in circuit court and supersedes Second Amended Doc # 2023040216, OR BK 20596 Page 2187, Number Pages: 6 Recorded 03/01/2023 11:11 AM, JODY PHILLIPS CLERK CIRCUIT COURT DUVAL col RECORDING $0.00 Administrative Order No. 2021-09 and Administrative Order No. 2021-21 when a case management plan has not previously been approved. NOW THEREFORE, by the authority vested in me as the Chief Judge of the Fourth Judicial Circuit and pursuant to the Florida Rules of General Practice and Judicial Administration, itis ORDERED: 1 When a complaint is filed in any civil case, the Clerk of Court’s office shall issue an Order Setting Case Management Plan for Non-Complex Cases. (Attachment 1). For cases filed in Clay County, the plaintiff shall provide a copy of the Order Setting Case Management Plan for Non-Complex Cases to the presiding judge upon filing thereof.” The plaintiff shall serve the Order Setting Case Management Plan for: ‘Non-Complex Cases on all defendants along with the summons and complaint. To have a case declared complex, the parties shall follow the procedures in Florida Rule of Civil Procedure 1.201. All civil cases shall be designated as non-complex unless one or more parties file a motion to have the case designated as a complex case, and the request is approved by order of the Court. The Order Setting Case Management Plan for all Non-Complex Cases filed in all non- complex civil cases will specify the deadlines for service of original pleadings. The Order also requires the parties to address deadlines related to motions directed to any pleadings, including motions to dismiss, motions for more definite statement, motions to strike, and any objections to the pleadings. The Order Setting Case Management Plan will direct that the plaintiff must and any party may file a notice that the action is at issue, pursuant to Florida Rule of Civil Procedure 1.440(b), and ready to be set for trial. The Order Setting Case Management Plan for all Non-Complex Cases will further direct the plaintiff to submit to the Court a completed Trial Set Memorandum no later than ten (10) days after the date the case is at issue as defined by Florida Rule of Civil Procedure 1.440(a) to schedule the matter for trial according to the division’s procedures Pursuant to Florida Rule of Civil Procedure 1.440(c), if the Judge finds the action is ready to set for trial, the Judge will schedule a trial date and enter an Order Setting Case for Trial and Pretrial Conference. To avoid confusion and inefficiency in judicial administration, this Administrative Order No. 2023-05 does not amend or otherwise change schedules already established in existing Case Management Orders or Trial Set Orders, Those cases will proceed as scheduled as to all deadlines and trial settings. All other civil cases filed after this Administrative Order is issued require compliance. 9. This Administrative Order No. 2023-05 shall be recorded by the Clerks of Court, in the Official Records of Clay, Duval, and Nassau Counties in the State of Florida, shall take effect immediately, and shall remain in full force and effect until further order of this Court. \ (or DONE in Chambers at Jacksonville, Duval County, Florida, this day of Nee 2023. Gy le . MARK H/MAHON CHIEF JUDGE Attachment 1: Order Setting Case Management Plan All Judges in the Fourth Judicial Circuit All Magistrates in the Fourth Judicial Circuit The Honorable Steven Whittington, Administrative Judge, Clay County The Honorable James Daniel, Administrative Judge, Nassau County The Honorable Jody Phillips, Clerk of Court, Duval County The Honorable Tara S. Green, Clerk of Court, Clay County The Honorable John A. Crawford, Clerk of Court, Nassau County The Honorable Jason R. Teal, General Counsel, City of Jacksonville Eve Janocko, Fourth Judicial Circuit Trial Court Administrator Claude T. Colvin, Deputy Trial Court Administrator Mike Smith, Court Technology Officer Cecilia F. Birk, Court Counsel Judicial Staff Attorneys, Fourth Judicial Circuit Fourth Judicial Circuit Law Library, Duval County The Jacksonville Bar Association Raymond Reid, Jr., Esq., President, ABOTA Jacksonville Chapter Christopher Douglas, Senior Business Strategist, Clerk of Court, Duval County Laura Lentini, Assistant to Court Counsel Jacksonville Bar Association Clay County Bar Association Nassau County Bar Association ATTACHMENT 1 IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL, CLAY, AND NASSAU COUNTIES FLORIDA CASE NO.: Plaintiff(s) DIVISION: Vv. Defendant(s). / ORDER SETTING CASE MANAGEMENT. PLAN FOR NON-COMPLEX CASES This civil action comes before the Court upon Plaintiff filing a complaint. The Court now establishes a Case Management Pian as set forth below. If a case is declared complex, the parties shall follow the procedures in Florida Rule of Civil Procedure 1.201, rather than this Case Management Plan. DEADLINE OR EVENT AGREED DATE Deadline for Service of Process 120 days Within 60 days of filing the motion/objection or, if Motions to Dismiss, Motion for More Definite such motion/objection was previously filed, within Statement, Motions to Strike and any 60 days of the daté of the order approving this Case objections to the pleadings Management Plan, counsel must schedule with the Court’s Judicial Assistant a hearing on the motion/objection. Failure to do so will result in the motion/objection being deemed abandoned and denied, Non-movant shall timely submit a proposed order if the motion/objection is deemed abandoned and denied. Plaintiff must and any party may file a notice that the action is at issue and ready to be set for trial Notice for Trial pursuant to Florida Rule of Civil Procedure 1.440 (b) and any party filing a notice for trial shall also submit to the Court a completed Trial Set Memorandum within ten (10) days from the date the case is at issue as defined by Rule 1.440(a). Each civil division’s Trial Set Memorandum and any other procedures for setting trials are posted on the Fourth Judicial Circuit’s website: jud4.org. It is ORDERED: 1 COMPLIANCE WITH THIS CASE MANAGEMENT PLAN: The parties shall strictly comply with the terms of this Case Management Plan, unless otherwise ordered by the Court. Failure to comply with all requirements of this order may result in the imposition of sanctions, including dismissal of the case. ADDITIONAL FOURTH CIRCUIT AND DIVISION SPECIFIC GUIDELINES: All counsel and unrepresented parties shall familiarize themselves and comply with the requirements of the Fourth Judicial Circuit’s Administrative Order 2023-05, In Re: Civil Case Management and Resolution in Circuit Court of Non-Complex Cases, and any division-specific guidelines that may apply. 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, according to applicable law. NOTICE FOR TRIAL: Plaintiff shall and any party may file a notice that the action is at issue and ready to be set for trial pursuant to Florida Rule of Civil Procedure 1.440(b) and submit to the Court a completed Trial Set Memorandum no Jater than ten (10) days after the date the case is at issue as defined by Florida Rule of Civil Procedure 1.440(a) to schedule the case for trial pursuant to the division’s procedures. 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. SERVICE OF THIS ORDER: Counsel for Plaintiff shall promptly serve and file proof with the Clerk, no more than five (5) business days from the date of this Order, that all unrepresented parties, subsequently named or appearing in this case, have been served copies of this Order. If a party is unrepresented and has not designated an email address for purposes of electronic service, counsel for Plaintiff shall be responsiblefor serving all future orders of the Court via 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 address used, within three (3) business days. If Plaintiff is unrepresented, Counsel for Defendant shall have this same obligation. If all parties are unrepresented, Plaintiff shall provide stamped addressed envelopes to the Court with submission of this and any other proposed Order. DONE at Jacksonville, Duval County, Florida, on : »20_. CIRCUIT JUDGE If you are a person with a disability who needs any accommodation to participate in this proceeding, you are entitied, at 110 cost to you, to the provision of certain assistance. Please contact the ADA Coordinator, at least seven (7) days before your scheduled court appearance orimmediately uponreceiving thisnotice if thetime before the scheduled appearance is less than seven (7) days. If you are hearing or voice impaired, call 711. ADA Coordinator: Debra Marchant, Human Resources Manager, Duval County Courthouse, 501 W. Adams Street, Jacksonville, FL 32202. (904) 255-1695.