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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.