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Filing # 173200641 E-Filed 05/15/2023 08:31:31 PM
IN THE CIRCUIT COURT OF
THE FOURTH JUDICIAL CIRCUIT, IN
AND FOR DUVAL COUNTY FLORIDA
CASE NO.:
Plaintiff(s)
DIVISION: CV-B
V.
Defendant(s).
/
AMENDED 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 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 date of entry of this Order approving this
objections to the pleadings Case 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.
ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 05/15/2023 08:31:47 PM
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 Amended 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: When serving the Complaint on a party, Plaintiff must
also serve a copy of this Order Setting Case Management Plan for Non-Complex Cases
on that party. Plaintiff shall file a Certificate of Service of this Order within ten (10)
days of service.
DONE at Jacksonville, Duval County, Florida, on Monday, April 24, 2023.
VattLions.
CIRCUIT JUDGE, KATIE L. DEARING
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 or immediately upon receiving this notice ifthe time 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.
IN THE CIRCUIT COURT, FOURTH JUDICIAL CIRCUIT,
IN AND FOR DUVAL, CLAY, AND NASSAU COUNTIES, FLORIDA
SECOND AMENDED 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, /n re: Comprehensive COVID-19 Emergency Measures
for 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]ommunicate 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
Doc # 2023089535, OR BK 20666 Page 1657,
Number Pages: 5
Recorded 05/03/2023 01:40 PM,
JODY PHILLIPS CLERK CIRCUIT COURT DUVAL
COUNTY
RECORDING $0.00
WHEREAS, this Second Amended Administrative Order is created to streamline the civil
case management process for all non-complex civil cases in circuit court and supersedes Second
Amended Administrative Order No. 2021-09 and Administrative Order No. 2021-21 when a case
management plan has not previously been approved; and
WHEREAS, Paragraph 1 of the Amended Administrative Order No. 2023-05, is amended
to remove the requirement relating to filing a complaint only in Clay County.
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,
it is
ORDERED:
1 When a complaint is filed in any civil case, the Clerk of Court’s office shall issue an
Amended Order Setting Case Management Plan for Non-Complex Cases. (Attachment 1).
The plaintiff shall serve the Amended 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 Amended 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 Amended 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 Amended 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 Amended Order Setting
Case for Trial and Pretrial Conference.
8. To avoid confusion and inefficiency in judicial administration, this Second Amended
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
March 1, 2023, require compliance.
For cases filed on or after March 1, 2023, pursuant to Administrative Order No. 2023-05,
the deadlines as specified in amended Paragraph 6 of the Amended Order Setting Case
Management Plan as articulated in this Amended Administrative Order No. 2023-05 are
effective nunc pro tunc to March 1, 2023.
10. This Second Amended 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.
DONE in Chambers at Jacksonville, Duval ee EE of May 2023.
La
MARK H. MAHON
CHIEF JUDGE
Attachment 1: Order Setting Case Management Plan
ce: 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
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 COUNTY FLORIDA
CASE NO.:
Plaintiff(s)
DIVISION:
Vv.
Defendant(s).
/
AMENDED 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 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 date of entry of this Order approving this
objections to the pleadings Case 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 Amended 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: When serving the Complaint on a party, Plaintiff must
also serve a copy of this Order Setting Case Management Plan for Non-Complex Cases
on that party. Plaintiff shall file a Certificate of Service of this Order within ten (10)
days of service.
DONE at Jacksonville, Duval County, Florida, on 20
CIRCUIT JUDGE
you
If you are a person with a disability who needs any accommodation to participate in this proceeding,
are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator,
if
at least seven (7) days before your scheduled court appearance orimmediately uponreceiving thisnotice
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.