Preview
Filing # 170411716 E-Filed 04/05/2023 02:33:06 PM
IN THE CIRCUIT COURT OF THE
FOURTH JUDICIAL CIRCUIT, IN AND
FOR DUVAL COUNTY, FLORIDA
CASE NO.: 16-2022-CA-006098-XXXX-MA
DIVISION: CV-B
KEVIN FRANKLIN,
Plaintiff,
-vs-
SAFECO INSURANCE COMPANY OF ILLINOIS,
Defendant.
ORDER SETTING CASE FOR JURY TRIAL AND FOR
PRE-TRIAL CONFERENCE AND REQUIRING MATTERS
TO BE COMPLETED PRIOR TO PRE-TRIAL CONFERENCE
It appearing that this action is at issue and ready for trial, it is, therefore,
ORDERED as follows:
1. TRIAL DATE.
This cause is hereby set for jury trial during the week of August 19, 2024 at 9:00 a.m. Time
allocated for trial is five (5) days.
2. PRE-TRIAL CONFERENCE.
The Pretrial Conference will be held in Chambers, Room 701, Duval County Courthouse,
Jacksonville, Florida on August 7, 2024 at 2:45 p.m., in accordance with the provisions of Rule
1.200, Florida Rules of Civil Procedure. Time allocated for conference is fifteen (15) minutes.
Attorneys shall be present if parties are represented. If a party is proceeding pro se, the party shall
be present.
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ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 04/10/2023 09:38:17 AM
3. REQUIREMENTS PRIOR TO PRE-TRIAL CONFERENCE; PRE-TRIAL
MEETING.
No later than seven (7) days prior to the Pre-Trial Conference, attorneys for each party shall
meet together by agreement instigated by counsel for the Plaintiff(s), to discuss the possibility of
settlement; stipulate to as many facts and issues as possible; examine all exhibits and documents
that may be used at trial; furnish opposing counsel the names and addresses of all witnesses who
may testify at trial; review all video depositions or exhibits to be used at trial; and complete all
other matters which may expedite both the Pre-Trial Conference and the Trial of this case.
4. REQUIREMENTS OF PRE-TRIAL STIPULATION.
Counsel shall prepare a Pre-Trial Stipulation which shall be filed with the Court at the Pre-Trial
Conference and shall contain the following: (a) a concise factual statement of the nature of the
action, which shall include the date and place of accrual, identity of the parties as they relate to the
action, and a brief general statement of each party’ s case or contention.The statement shall be in
such form and contain such necessary information for the Court to read to and apprise the jury of
the claims to be tried, including any Counter-Claims, Cross-Claims, or Third-Party Claims; (b) a
concise statement of those facts which are admitted and will require no proof at trial; (c) a concise
statement of those issues or facts which remain to be litigated; (d) any proposed amendments to the
pleadings; (e) a complete list of witnesses, including anticipated impeachment witnesses, specifying
the name and address of each from whom testimony may be presented at trial; (f) a statement
reflecting objections to specific portions of video depositions, testimony, or video exhibits which
may be offered in evidence at trial; and (g) a list of any undisposed matters to be heard at the Pre-
Trial Conference.
5. TRIAL EXHIBITS.
All exhibits intended to be offered at trial shall be exhibited to all opposing counsel prior to the
Pre-Trial Conference. The Pre-Trial Stipulation shall contain a list of all exhibits which may be
offered in evidence at trial, together with a statement of objections, if any, to exhibits offered by the
opposing party. With respect to each item, the Pre-Trial Stipulation shall reflect whether or not the
evidence will be stipulated into evidence, stipulated as to authenticity, with objection reserved for
relevancy and materiality, or objected to in its entirety and the ground therefor. All exhibits which
are the subject of any objection raised in the Pre-Trial Stipulation shall be brought to the Pre-Trial
Conference.
6. RETAINED EXPERT WITNESSES.
No later than one hundred eighty (180) days prior to the Pre-Trial Conference, Plaintiff(s)
shall serve on all opposing counsel and file with the Court a Notice containing the following
information regarding each retained expert witness who will testify at trial on behalf of
16-2022-CA-006098-XXXX-MA Page 2 of 6
Plaintiff(s): (a) the name and address of the witness; (b) the area(s) of expertise of the witness; (c)
the subject matter of the expected testimony of the witness; (d) the substance of the facts and
opinions about which the witness is expected to testify; and (e) a summary of the grounds on which
each of the opinions of the witnesses will be based. At the time of disclosure, Plaintiff(s) shall
furnish opposing counsel with two (2) alternative dates of availability of all retained expert
witnesses for the purpose of taking their deposition within one (1) day after disclosure of such
witnesses. No later than one hundred fifty (150) days prior to the Pre-Trial Conference, each
Defendant shall serve on all other counsel and file with the Court a Notice containing the same
information regarding each expert witness who will testify at trial on behalf of that defendant. Each
Defendant shall furnish opposing counsel with two (2) alternative dates of availability of all
retained expert witnesses for the purpose of taking their deposition within one (1) day after
disclosure of such witnesses. No later than 30 days after the plaintiff(s) is served with the
defendant’ s expert witness disclosure, the plaintiff(s) may serve on all other counsel and file with
the Court a notice containing the same information regarding retained rebuttal expert witnesses, if
any, who will testify at trial on behalf of the plaintiff(s). At the time of disclosure, Plaintiff(s) shall
furnish opposing counsel with two (2) alternative dates of availability for the purpose of taking the
witness’ deposition. Any expert witness not included on the Notice as provided herein will not be
allowed to testify without an order of the Court. All parties shall cooperate in the scheduling of
expert depositions. Notwithstanding the foregoing, the Court expects the parties to truthfully and
thoroughly answer interrogatories and other discovery. If interrogatories seeking information
regarding expert witnesses have been served, the party answering such discovery shall do so in
good faith and shall not delay furnishing the information regarding expert witnesses until the time
such disclosure is required by this order.
6a. TREATING DOCTORS AND NON-RETAINED EXPERT WITNESSES.
No later than one hundred fifty (150) days prior to the pre-trial conference, all parties shall
serve on all opposing counsel and file with the Court a notice containing the following information
regarding each treating physician and non-retained expert witness who will testify at trial as an
expert witness on behalf of a party: (a) the name and address of the witness; (b) the area(s) of
expertise of the witness; (c) the subject matter of the expected testimony of the witness; (d) the
substance of the facts and opinions about which the witness is expected to testify; and (e) a
summary of the grounds on which each of the opinions of the witnesses will be based.
7. DISCOVERY.
All discovery shall be completed ninety (90) days prior to the Pre-Trial Conference unless
otherwise extended by Order of the Court.
8. SUMMARY JUDGMENT.
Motions for summary judgment shall be filed no later than seventy-five (75) days prior to the
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Pre-Trial Conference. At the time of filing, the moving party shall coordinate a hearing on the
motion with the Court. The moving party shall obtain a court reporter to be present at the hearing
on the motion.
9. MOTIONS TO AMEND PLEADINGS.
Any motion seeking to amend the pleadings shall be filed no later than sixty (60) days prior to
the Pre-Trial Conference.
10. EXPERT ISSUES.
All expert related motions or objections shall be filed and served at least seventy-five (75) days
prior to the Pre-Trial Conference. A copy of all such motions shall be delivered to the Court at the
same time they are filed and served. The party filing expert related motions or objections shall be
responsible to do that which is necessary so that hearings regarding expert related evidence shall be
noticed to be heard or agreed to by the parties no later than 30 days prior to the first day of the date
the case is set for trial. Any expert related motions or objections shall state with particularity the
grounds upon which they are based and the substantial matters of law to be argued and shall
identify any evidence or supporting material on which the movant relies. Any expert related
motions or objections not filed or noticed for hearing within the time referenced in this paragraph
are denied and such objections are overruled. The Court may summarily rule on any expert related
motion not written with particularity as described above.
11. MOTIONS IN LIMINE.
All case-specific Motions in Limine shall be filed, served, noticed, and heard or agreed to by the
parties no later than fourteen (14) days prior to the Pre-Trial Conference. No Motion in Limine
will be considered by the Court if it is not case specific. The Motion shall state with particularity
the grounds upon which it is based and the substantial matters of law to be argued and shall identify
any evidence or supporting material on which the movant relies. The Court may summarily rule on
any Motions in Limine not written particularity as described above.
12. JURY INSTRUCTIONS AND VERDICT FORMS.
Typed proposed jury instructions and verdict forms shall be filed with the Court at the Pre-Trial
Conference and may be supplemented prior to the Jury Instruction Conference. Counsel for the
Plaintiff(s) shall be responsible for preparing a complete set of instructions, and verdict form, and
serving the same upon other counsel at or before the Pre-Trial Conference contemplated by
paragraph 2 hereof.
13. ATTORNEY REPRESENTATION.
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The Pre-Trial meeting and the Pre-Trial Conference shall be attended by an attorney who will
participate in the trial of the case, and all admissions and disclosures of fact made at those times
shall be binding on the client.
14. POST-TRIAL MOTIONS.
A hearing will be held on all post-trial motions on October 2, 2024 at 9:00am. Thirty (30)
minutes have been allotted for this hearing.
15. MEDIATION.
This case is referred to mediation. Gil Whitaker, Esq. is appointed Mediator in accordance with
Rules 1.700 - 1.730 of the Florida Rules of Civil Procedure, Chapter 44 of the Florida Statutes, and
Administrative Order No. 2013-13.
Mediation shall be held prior to the pre-trial conference.It is mandatory that mediation be
attended in person by the parties, their counsel who will try the case, and, when applicable, an
insurance company representative with full and absolute authority to settle the case without further
consultation.A party, trial attorney, or insurance company representative may be excused from
attending the mediation conference by the Mediator or the Court only for good cause.
16. ADMONITIONS.
Failure to comply with the requirement of this Order will subject the party or attorney to
appropriate sanctions.
17. SETTLEMENT.
All counsel shall immediately notify this Court in the event of settlement or
dismissal. Additionally, the parties shall submit a stipulation for an order of dismissal or shall file a
dismissal with prejudice of the case. Counsel shall also notify the Court of any pending hearings
that will be canceled as a result of the settlement.
DONE AND ORDERED in Chambers at Jacksonville, Duval County, Florida, this
Wednesday, March 22, 2023.
16-2022-CA-006098-XXXX-MA Page 5 of 6
KATIE L. DEARING
CIRCUIT COURT JUDGE
Copies via electronic filing to:
Brandi Alexis Gartrell
Jordan David Brougher
Kevin Franklin
Gil Whitaker
MEDIATOR: Gil Whitaker
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 (904) 255-1695 or crtintrp@coj.net, 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.
16-2022-CA-006098-XXXX-MA Page 6 of 6
Preview
Filing # 170411716 E-Filed 04/05/2023 02:33:06 PM IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY, FLORIDA CASE NO.: 16-2022-CA-006098-XXXX-MA DIVISION: CV-B KEVIN FRANKLIN, Plaintiff, -vs- SAFECO INSURANCE COMPANY OF ILLINOIS, Defendant. ORDER SETTING CASE FOR JURY TRIAL AND FOR PRE-TRIAL CONFERENCE AND REQUIRING MATTERS TO BE COMPLETED PRIOR TO PRE-TRIAL CONFERENCE It appearing that this action is at issue and ready for trial, it is, therefore, ORDERED as follows: 1. TRIAL DATE. This cause is hereby set for jury trial during the week of August 19, 2024 at 9:00 a.m. Time allocated for trial is five (5) days. 2. PRE-TRIAL CONFERENCE. The Pretrial Conference will be held in Chambers, Room 701, Duval County Courthouse, Jacksonville, Florida on August 7, 2024 at 2:45 p.m., in accordance with the provisions of Rule 1.200, Florida Rules of Civil Procedure. Time allocated for conference is fifteen (15) minutes. Attorneys shall be present if parties are represented. If a party is proceeding pro se, the party shall be present. 16-2022-CA-006098-XXXX-MA Page 1 of 6 ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 04/10/2023 09:38:17 AM 3. REQUIREMENTS PRIOR TO PRE-TRIAL CONFERENCE; PRE-TRIAL MEETING. No later than seven (7) days prior to the Pre-Trial Conference, attorneys for each party shall meet together by agreement instigated by counsel for the Plaintiff(s), to discuss the possibility of settlement; stipulate to as many facts and issues as possible; examine all exhibits and documents that may be used at trial; furnish opposing counsel the names and addresses of all witnesses who may testify at trial; review all video depositions or exhibits to be used at trial; and complete all other matters which may expedite both the Pre-Trial Conference and the Trial of this case. 4. REQUIREMENTS OF PRE-TRIAL STIPULATION. Counsel shall prepare a Pre-Trial Stipulation which shall be filed with the Court at the Pre-Trial Conference and shall contain the following: (a) a concise factual statement of the nature of the action, which shall include the date and place of accrual, identity of the parties as they relate to the action, and a brief general statement of each party’ s case or contention.The statement shall be in such form and contain such necessary information for the Court to read to and apprise the jury of the claims to be tried, including any Counter-Claims, Cross-Claims, or Third-Party Claims; (b) a concise statement of those facts which are admitted and will require no proof at trial; (c) a concise statement of those issues or facts which remain to be litigated; (d) any proposed amendments to the pleadings; (e) a complete list of witnesses, including anticipated impeachment witnesses, specifying the name and address of each from whom testimony may be presented at trial; (f) a statement reflecting objections to specific portions of video depositions, testimony, or video exhibits which may be offered in evidence at trial; and (g) a list of any undisposed matters to be heard at the Pre- Trial Conference. 5. TRIAL EXHIBITS. All exhibits intended to be offered at trial shall be exhibited to all opposing counsel prior to the Pre-Trial Conference. The Pre-Trial Stipulation shall contain a list of all exhibits which may be offered in evidence at trial, together with a statement of objections, if any, to exhibits offered by the opposing party. With respect to each item, the Pre-Trial Stipulation shall reflect whether or not the evidence will be stipulated into evidence, stipulated as to authenticity, with objection reserved for relevancy and materiality, or objected to in its entirety and the ground therefor. All exhibits which are the subject of any objection raised in the Pre-Trial Stipulation shall be brought to the Pre-Trial Conference. 6. RETAINED EXPERT WITNESSES. No later than one hundred eighty (180) days prior to the Pre-Trial Conference, Plaintiff(s) shall serve on all opposing counsel and file with the Court a Notice containing the following information regarding each retained expert witness who will testify at trial on behalf of 16-2022-CA-006098-XXXX-MA Page 2 of 6 Plaintiff(s): (a) the name and address of the witness; (b) the area(s) of expertise of the witness; (c) the subject matter of the expected testimony of the witness; (d) the substance of the facts and opinions about which the witness is expected to testify; and (e) a summary of the grounds on which each of the opinions of the witnesses will be based. At the time of disclosure, Plaintiff(s) shall furnish opposing counsel with two (2) alternative dates of availability of all retained expert witnesses for the purpose of taking their deposition within one (1) day after disclosure of such witnesses. No later than one hundred fifty (150) days prior to the Pre-Trial Conference, each Defendant shall serve on all other counsel and file with the Court a Notice containing the same information regarding each expert witness who will testify at trial on behalf of that defendant. Each Defendant shall furnish opposing counsel with two (2) alternative dates of availability of all retained expert witnesses for the purpose of taking their deposition within one (1) day after disclosure of such witnesses. No later than 30 days after the plaintiff(s) is served with the defendant’ s expert witness disclosure, the plaintiff(s) may serve on all other counsel and file with the Court a notice containing the same information regarding retained rebuttal expert witnesses, if any, who will testify at trial on behalf of the plaintiff(s). At the time of disclosure, Plaintiff(s) shall furnish opposing counsel with two (2) alternative dates of availability for the purpose of taking the witness’ deposition. Any expert witness not included on the Notice as provided herein will not be allowed to testify without an order of the Court. All parties shall cooperate in the scheduling of expert depositions. Notwithstanding the foregoing, the Court expects the parties to truthfully and thoroughly answer interrogatories and other discovery. If interrogatories seeking information regarding expert witnesses have been served, the party answering such discovery shall do so in good faith and shall not delay furnishing the information regarding expert witnesses until the time such disclosure is required by this order. 6a. TREATING DOCTORS AND NON-RETAINED EXPERT WITNESSES. No later than one hundred fifty (150) days prior to the pre-trial conference, all parties shall serve on all opposing counsel and file with the Court a notice containing the following information regarding each treating physician and non-retained expert witness who will testify at trial as an expert witness on behalf of a party: (a) the name and address of the witness; (b) the area(s) of expertise of the witness; (c) the subject matter of the expected testimony of the witness; (d) the substance of the facts and opinions about which the witness is expected to testify; and (e) a summary of the grounds on which each of the opinions of the witnesses will be based. 7. DISCOVERY. All discovery shall be completed ninety (90) days prior to the Pre-Trial Conference unless otherwise extended by Order of the Court. 8. SUMMARY JUDGMENT. Motions for summary judgment shall be filed no later than seventy-five (75) days prior to the 16-2022-CA-006098-XXXX-MA Page 3 of 6 Pre-Trial Conference. At the time of filing, the moving party shall coordinate a hearing on the motion with the Court. The moving party shall obtain a court reporter to be present at the hearing on the motion. 9. MOTIONS TO AMEND PLEADINGS. Any motion seeking to amend the pleadings shall be filed no later than sixty (60) days prior to the Pre-Trial Conference. 10. EXPERT ISSUES. All expert related motions or objections shall be filed and served at least seventy-five (75) days prior to the Pre-Trial Conference. A copy of all such motions shall be delivered to the Court at the same time they are filed and served. The party filing expert related motions or objections shall be responsible to do that which is necessary so that hearings regarding expert related evidence shall be noticed to be heard or agreed to by the parties no later than 30 days prior to the first day of the date the case is set for trial. Any expert related motions or objections shall state with particularity the grounds upon which they are based and the substantial matters of law to be argued and shall identify any evidence or supporting material on which the movant relies. Any expert related motions or objections not filed or noticed for hearing within the time referenced in this paragraph are denied and such objections are overruled. The Court may summarily rule on any expert related motion not written with particularity as described above. 11. MOTIONS IN LIMINE. All case-specific Motions in Limine shall be filed, served, noticed, and heard or agreed to by the parties no later than fourteen (14) days prior to the Pre-Trial Conference. No Motion in Limine will be considered by the Court if it is not case specific. The Motion shall state with particularity the grounds upon which it is based and the substantial matters of law to be argued and shall identify any evidence or supporting material on which the movant relies. The Court may summarily rule on any Motions in Limine not written particularity as described above. 12. JURY INSTRUCTIONS AND VERDICT FORMS. Typed proposed jury instructions and verdict forms shall be filed with the Court at the Pre-Trial Conference and may be supplemented prior to the Jury Instruction Conference. Counsel for the Plaintiff(s) shall be responsible for preparing a complete set of instructions, and verdict form, and serving the same upon other counsel at or before the Pre-Trial Conference contemplated by paragraph 2 hereof. 13. ATTORNEY REPRESENTATION. 16-2022-CA-006098-XXXX-MA Page 4 of 6 The Pre-Trial meeting and the Pre-Trial Conference shall be attended by an attorney who will participate in the trial of the case, and all admissions and disclosures of fact made at those times shall be binding on the client. 14. POST-TRIAL MOTIONS. A hearing will be held on all post-trial motions on October 2, 2024 at 9:00am. Thirty (30) minutes have been allotted for this hearing. 15. MEDIATION. This case is referred to mediation. Gil Whitaker, Esq. is appointed Mediator in accordance with Rules 1.700 - 1.730 of the Florida Rules of Civil Procedure, Chapter 44 of the Florida Statutes, and Administrative Order No. 2013-13. Mediation shall be held prior to the pre-trial conference.It is mandatory that mediation be attended in person by the parties, their counsel who will try the case, and, when applicable, an insurance company representative with full and absolute authority to settle the case without further consultation.A party, trial attorney, or insurance company representative may be excused from attending the mediation conference by the Mediator or the Court only for good cause. 16. ADMONITIONS. Failure to comply with the requirement of this Order will subject the party or attorney to appropriate sanctions. 17. SETTLEMENT. All counsel shall immediately notify this Court in the event of settlement or dismissal. Additionally, the parties shall submit a stipulation for an order of dismissal or shall file a dismissal with prejudice of the case. Counsel shall also notify the Court of any pending hearings that will be canceled as a result of the settlement. DONE AND ORDERED in Chambers at Jacksonville, Duval County, Florida, this Wednesday, March 22, 2023. 16-2022-CA-006098-XXXX-MA Page 5 of 6 KATIE L. DEARING CIRCUIT COURT JUDGE Copies via electronic filing to: Brandi Alexis Gartrell Jordan David Brougher Kevin Franklin Gil Whitaker MEDIATOR: Gil Whitaker 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 (904) 255-1695 or crtintrp@coj.net, 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. 16-2022-CA-006098-XXXX-MA Page 6 of 6