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Filing # 149708871 E-Filed 05/17/2022 09:32:42 AM
IN THE COUNTY COURT OF THE ELEVENTH JUDICIAL
CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA
CASE NO: 2022-008754-SP-25
SECTION: CG02
JUDGE: Elijah A. Levitt
CDM CHIROS, LLC
Plaintiff(s) / Petitioner(s)
vs.
Progressive American Insurance Company
Defendant(s) / Respondent(s)
____________________________/
UNIFORM CASE MANAGEMENT ORDER SETTING PRETRIAL DEADLINES AND
RELATED REQUIREMENTS (GENERAL PATHWAY - COUNTY CIVIL PROCEDURE
CASES)
PLAINTIFF SHALL SERVE THIS ORDER UPON A DEFENDANT WITHIN 10 DAYS OF
ANY FILING BY THAT DEFENDANT.
ALL PARTIES MUST READ CAREFULLY AS STRICT COMPLIANCE IS MANDATORY.
In compliance with the mandatory requirements of governing Administrative Orders regarding case
management, the Court hereby ORDERS as follows:
1. Attorneys are professionally obligated to diligently litigate the case so litigation can conclude
as soon as it is reasonably and justly possible. See Florida Rule of General Practice and
Judicial Administration 2.545. The specific pretrial deadlines and requirements set forth
herein shall be strictly enforced by the Court. Non-compliance with any part of this Order
may result in sanctions including, but not limited to, striking of pleadings, monetary
sanctions, waiver and/or default. It is on the parties to promptly and timely schedule hearings
on filed motions.
2. The deadlines contained in this Order cannot be waived or extended by stipulation of the
parties and remain in effect unless the Court grants an enlargement. A motion seeking an
enlargement of a particular deadline shall specify detailed reasons for the enlargement and
the amount of time requested.
3. In the event parties are unable to coordinate any non-dispositive and non-evidentiary hearing,
deposition, or motion within a reasonable period of time (not less than 72 hours) and after 3
documented attempts, the moving party shall unilaterally set the issue for hearing pursuant to
divisional instructions to occur no less than 14 days and no more than 45 days after the third
attempt.
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4. SETTLEMENT: Counsel shall immediately notify the Court in the event of settlement and
submit a Stipulation of Settlement and Order of Dismissal. Counsel shall also notify the
Court of any pending hearings that will be cancelled as a result of the settlement.
5. SERVICE: Plaintiffs shall serve their actions promptly by August 4, 2022 and in compliance
with Florida Rule of Civil Procedure 1.070. Service issues shall be addressed promptly and
with diligence. No extensions pursuant to Florida Rule of Civil Procedure 1.070 shall be
granted without specific proof of diligent effort to effect service and a written explanation of
what efforts the Plaintiff intends to pursue to effect service successfully, with proposed
deadlines. No extension to serve a defendant beyond November 2, 2022 shall be allowed.
6. The following litigation deadlines are set:
a. ADDITION OF ANY NEW PARTIES shall occur by October 3, 2022.
b. FACT WITNESS LIST shall be filed by January 30, 2023. The fact witnesses shall be
in alphabetical order and contain the names and addresses of all non-expert witnesses.
Only those witnesses listed shall be permitted to testify without leave of Court. All
witness lists shall include a brief description of the substance and scope of the
testimony to be elicited. Within 30 days of discovering previously unknown witnesses,
either party may seek leave of Court to amend their submissions, disclosures, or
discovery obligations.
c. EXHIBIT LIST shall be filed by January 30, 2023. The Exhibit List shall disclose a
list of all documentary and physical evidence intended to be used at trial. Each item
shall be specifically described and listed by number and description. Generic
descriptions of exhibits are subject to being stricken. All listed exhibits shall have been
made available to opposing counsel for examination, initialing, and copying. Parties
shall timely amend their exhibit list.
d. EXPERT WITNESSES shall be disclosed by April 1, 2023 with the names and
addresses of all the expert witnesses to be called at trial and all information regarding
expert testimony that is required by Rule 1.280(b)(5)(A). This includes disclosing the
expert’s area of expertise and serving a copy of each expert’s reports or answers to
expert interrogatories, if a report was prepared and/or expert interrogatories
propounded. Each party is limited to one expert per specialty. No other expert
testimony shall be permitted at trial.
e. FACT AND EXPERT DISCOVERY, including all inspections, depositions, and
examinations, shall be completed no later than August 29, 2023. Written discovery
shall be served no later than July 25, 2023. The parties shall timely coordinate the
scheduling and setting of depositions for all witnesses and/or parties they intend to
depose.
f. MOTIONS FOR SUMMARY JUDGMENT and DAUBERT MOTIONS shall be filed
by May 31, 2023 and heard no later than August 29, 2023.
g. OBJECTIONS TO PLEADINGS AND ALL OTHER PRETRIAL MOTIONS, except
for motions in limine, shall be filed by June 30, 2023 and heard no later than August
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29, 2023. Any motion not filed and heard prior to the expiration of this deadline may
be deemed waived or denied absent extraordinary circumstances which could not have
been prudently anticipated, or by order of the Court entered prior to the expiration of
the applicable time limitation.
h. MEDIATION: Parties are hereby referred to mandatory mediation, which shall be
completed no later than August 29, 2023. The parties shall comply with Florida Rules
Civil Procedure 1.700, 1.710, 1.720, 1.730, and 1.750 as to the conduct of mediation.
Plaintiff's counsel is appointed lead counsel to facilitate, mutually coordinate and
schedule the mediation conference. Costs of mediation shall be borne equally by both
parties. Failure to mediate in good faith may result in the imposition of monetary
sanctions.
7. TRIAL: The projected date of trial is September 28, 2023. A firm trial date will be ordered
by the Court when the case is at issue pursuant to Florida Rule of Civil Procedure 1.440. The
parties shall do all things reasonable and necessary to assure the availability of their
witnesses for the entire trial period or to otherwise preserve their testimony for trial as
provided by the Florida Rules of Civil Procedure. Failure to do so will not be grounds for a
continuance.
8. JOINT PRETRIAL STIPULATION: A Joint Pretrial Stipulation shall be filed by all parties
(via counsel of record) no later than August 29, 2023. All parties shall cooperate in good
faith in preparation of the Joint Pretrial Stipulation. Unilateral pretrial stipulations will not be
accepted. The single, unified submission shall contain the following information in
separately numbered paragraphs or sections:
a. Stipulated Statement of Facts: A list of those facts that can be stipulated to and require
no proof at the trial, together with a concise, impartial statement of the facts of the
case.
b. Statements of Disputed Law & Fact: Those issues of law and fact that are to be tried.
c. Witness Lists: Parties shall attach the witness lists filed consistent with Paragraph 6b.
and 6d. of this Order, including all rebuttal or impeachment witnesses. If any party
objects to any witness, such objections shall be stated in the Stipulation, setting forth
the grounds with specificity. At trial, all parties shall be strictly limited to witnesses
properly and timely disclosed.
d. Exhibit Lists: Counsel shall initial each other party’s exhibit list and exhibits
consistent with Paragraph 6c. of this Order. If any party objects to the introduction of
any such exhibit, such objection shall be stated in the Stipulation, setting forth the
grounds with specificity. Parties shall attach the final, initialed exhibit lists with
objections. Only those exhibits listed and initialed may be offered in evidence.
e. Jury Instructions: If the trial is a jury trial, counsel shall identify and attach all agreed
upon standard instructions and all special instructions. Any disputed jury instructions
shall be attached and identified as to the party that proposed the instruction, along with
copies of supporting case law.
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f. Verdict Forms: If the trial is a jury trial, the proposed jury verdict forms shall be
attached and designated as agreed to or disputed.
g. Motions in Limine: Each party shall make any anticipated motion(s) in limine
indicating all stipulations/agreed items and any motion(s) in limine requiring a Court
ruling.
h. Trial Estimate: Each party shall provide an estimate of the number of days for trial.
i. Daubert issues: All Daubert issues involving any requests for Daubert-related
evidence shall be in writing. Failure to do so shall constitute a waiver of any Daubert-
related evidence issue.
j. Other issues: The parties shall list any other issue that could potentially take up
unnecessary time during the trial to facilitate the resolution of those matters prior to the
trial date.
DONE and ORDERED in Chambers at Miami-Dade County, Florida on this 17th day of May,
2022.
2022-008754-SP-25 05-17-2022 9:17 AM
Hon. Elijah A. Levitt
COUNTY COURT JUDGE
Electronically Signed
No Further Judicial Action Required on THIS MOTION
CLERK TO RECLOSE CASE IF POST JUDGMENT
Electronically Served:
Dayna Joi Browne, SFPIPHC@Progressive.com
Dayna Joi Browne, DAYNA_J_BROWNE@progressive.com
Dayna Joi Browne, INDEKEL_VARGAS@progressive.com
John C Daly Jr, pipportallaw@gmail.com
John C Daly Jr, pipportallaw@gmail.com
Physically Served:
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