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Filing # 181051022 E-Filed 09/03/2023 06:31:48 PM
IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL
CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA
CASE NO: 2023-020202-CA-01
SECTION: CA44
JUDGE: Lisa Walsh
Cody Kerns et al
Plaintiff(s)
vs.
FXWinning, Ltd. et al
Defendant(s)
____________________________/
NOTICE AND ORDER OF ADHERENCE TO COMPLEX BUSINESS LITIGATION
SECTION PROCEDURES, MOTION AND MEMORANDUM PRACTICE, PROVISIONS
ON HEARINGS AND MANDATORY CONFERRAL REQUIREMENTS
WHEREAS, the Complex Business Litigation Procedures and Fla. R. Civ. P.
1.201 Complex Litigation shall apply to all actions in the Complex Business
Litigation Section, except to the extent that, in any particular action, they are
superseded by an Order.
WHEREAS, the Complex Business Litigation Procedures are designed to
facilitate the proceedings of cases by the Eleventh Judicial Circuit Complex Business
Litigation Section; to promote the transmission and access to case information by the
Court, litigants, counsel, and the public; and to facilitate the efficient and effective
presentation of evidence in the courtroom. These Procedures shall be construed and
Case No: 2023-020202-CA-01 Page 1 of 8
enforced to avoid technical delay, encourage civility, permit just and prompt
determination of all proceedings, and promote the efficient administration of justice.
NOTICE IS HEREBY GIVEN that all outstanding and future motions
pertaining to cases within the Complex Business Litigation Section must adhere to
Complex Business Litigation Section Procedures, which are available at the court’s
website https://www.jud11.flcourts.org/Judge-Details?judgeid=888§ionid=206
Any previously filed motion not in compliance with procedures, e.g.,
memorandum of law where required, must be resubmitted in conformity with
the Complex Business Litigation Procedures.
Counsel for Plaintiff(s) and Third Party Plaintiff(s) is/are ORDERED to
confirm all parties subsequently named or appearing herein have been served copies
of this Notice. If any subsequently served or named party has not been served with a
copy of this notice, Plaintiff and Third Party Plaintiff shall provide the party with a
copy of this Notice.
In addition, it is
ORDERED and ADJUDGED that the following will apply to all motions,
memoranda and evidentiary hearings as follows:
Short Motions
As a general rule, five-minute Motion Calendar motions do not require
memoranda of law. Copies of motions and any response shall be submitted through
Case No: 2023-020202-CA-01 Page 2 of 8
CourtMap in accordance with the Court’s motion calendar procedures posted on its
website.
Motions Requesting a Special Set Hearing
Hearings must be requested using CourtMap which is available on the judge’s
webpage. Motions may be scheduled or ruled upon without a hearing, in the court’s
discretion.
Content of motions shall state with particularity the grounds therefore, citing
any statute or rule of procedure relied upon; shall set forth the relief sought and shall
include the required certification of conferral. The Court will not consider issues at a
hearing on the motion that were not addressed in the motion and memoranda in
support of and in opposition to the motion.
Memoranda Requirements
These requirements and deadlines may not be waived or altered except by
court order.
Failure to File and Serve Motion Materials: CBL 4.4 A motion or
opposition unaccompanied by a required memorandum may be summarily rejected or
denied. Failure to timely file a memorandum in opposition to a motion may result in
the pending motion being considered and decided as an uncontested motion.
Motion briefing deadlines are court orders.
Case No: 2023-020202-CA-01 Page 3 of 8
Motion Memoranda Page Time
of law limit deadline
Motion filed As required 20 When filing Memos which
by movant by CBL rules the motion are not filed
with the
motion will
be
disregarded
Opposition to At time of 20 10 days after If no response
motion filing service of is timely
opposition, if motion filed, the
needed Court will
as computed proceed and
in Fla. R. may grant the
Civ. P. 1.090 motion as
unopposed
Reply If needed, 10 5 days after If no reply is
limited to service of timely filed,
matters raised opposition the Court will
in the proceed
opposition as computed
in Fla. R.
Civ. P. 1.090
Sur-reply With Court
permission
only
Motions Decided on Papers and Memoranda: Motions may be considered
and decided by the Court without a hearing. CBL 4.5 A hearing is at the
discretion of the Court.
Case No: 2023-020202-CA-01 Page 4 of 8
Sealed and Confidential Documents
Sealed or confidential documents should be e-filed pursuant to the instructions
on the Clerk’s e-filing portal. In Camera inspections shall be conducted as instructed
by the Court.
Evidentiary Hearings
Absent court order, evidentiary hearings are to be held in person. The court’s
usual assigned courtroom is 3-3, however for larger cases and pursuant to advance
request, the hearing may be held in another courtroom.
Prior to the evidentiary hearing:
1. The parties must file an exhibit list, listing pre-marked exhibits intended for use
by the parties, at least 5 days prior to the hearing.
2. The parties must bring with them to the hearing an index to all potential trial
exhibits.
3. The parties must pre-mark all exhibits as follows:
Plaintiff, Counter-Plaintiff, Cross-Plaintiff: Exh. 1A, 1B, 1C, for
identification (e.g.)
Defendant, Counter-Defendant, Third-Party Defendant, etc: Exh. A1. A2.
A3, for identification (e.g)
4. The parties must exchange all exhibits and meet and confer on objections at
Case No: 2023-020202-CA-01 Page 5 of 8
least 48 hours before the hearing.
5. Witnesses may appear by Zoom only in accordance with updated AOs,civil
rules, or court order. The party calling any witness by Zoom is responsible for
retrofitting the courtroom to ensure such witness can see and hear counsel, the
judge,, the jury (if appropriate), that there is no feedback, that the witness may
properly be sworn, and that there are no persons in the background coaching the
witness nor inappropriate notes or scripts which cannot be viewed by the judge.
Any violation of this provision will result in an immediate suspension of a
witness’ testimony.
In addition, it is ordered as follows:
MANDATORY ORDER TO CONFER AND CERTIFICATION
REQUIREMENT
This case is subject to the Complex Business Litigation Rules. The rules
require that parties meet and confer prior to filing any motion to determine if issues
can be narrowed, the appropriate amount of time required for hearing if hearing is
requested, and any other issues such as the completion of related discovery. Meet
and Confer under these rules requires an actual effort between attorneys, not staff.
It is therefore: ORDERED and ADJUDGED as follows:
All parties to a motion must meet the conferral requirements of the division.
The motion must contain a certification of the efforts at meet and confer, which shall
Case No: 2023-020202-CA-01 Page 6 of 8
include:
• A description of all efforts at a meet and confer, including names of movant and
respondent attorneys, dates and method (email, telephone, live meeting)
requesting a meet and confer; and
• A description of all dates for meet and confer actually held and the method and
names of participating attorneys; and
• Results achieved, including consensus as to amount of time required for
hearing, if granted.
The only motions exempt from the meet and confer requirement are Motions for
Injunctive Relief Without Notice; Motions for Summary Judgment and Motions to
Amend to Add Punitive Damages. ANY OTHER MOTION submitted without a
certificate of conferral will be rejected by the Court without prejudice.
DONE and ORDERED in Chambers at Miami-Dade County, Florida on this 3rd day of
September, 2023.
2023-020202-CA-01 09-03-2023 6:25 PM
Hon. Lisa Walsh
CIRCUIT COURT JUDGE
Electronically Signed
Case No: 2023-020202-CA-01 Page 7 of 8
No Further Judicial Action Required on THIS MOTION
CLERK TO RECLOSE CASE IF POST JUDGMENT
Electronically Served:
David M Levine, dlevine@sfl-law.com
David M Levine, eservice@sfl-law.com
Elaine Kussurelis, elaine.kussurelis@nelsonmullins.com
Elaine Kussurelis, marisa.armas@nelsonmullins.com
Fausto Sanchez, fsanchez@sfl-law.com
Jaime A. Bianchi, jbianchi@whitecase.com
Jaime A. Bianchi, mpellecier@whitecase.com
Jaime A. Bianchi, MiamiLitigationFileRoom@whitecase.com
Justin B. Kaplan, justin.kaplan@nelsonmullins.com
Justin B. Kaplan, marisa.armas@nelsonmullins.com
Lauren M Allen, lallen@sfl-law.com
Lauren M. Allen, lallen@sfl-law.com
RYAN K TODD, ryan.todd@nelsonmullins.com
RYAN K TODD, herold.labissiere@nelsonmullins.com
Robert Kemper, rkemper@sfl-law.com
Spencer Thompson, sthompson@sfl-law.com
Zachary B. Dickens, zdickens@whitecase.com
Zachary B. Dickens, khoward@whitecase.com
Zachary B. Dickens, sblattmiropol@whitecase.com
Zachary Brian Dickens, zachary.dickens@whitecase.com
Zachary Brian Dickens, khoward@whitecase.com
Physically Served:
Case No: 2023-020202-CA-01 Page 8 of 8
Preview
Filing # 181051022 E-Filed 09/03/2023 06:31:48 PM IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CASE NO: 2023-020202-CA-01 SECTION: CA44 JUDGE: Lisa Walsh Cody Kerns et al Plaintiff(s) vs. FXWinning, Ltd. et al Defendant(s) ____________________________/ NOTICE AND ORDER OF ADHERENCE TO COMPLEX BUSINESS LITIGATION SECTION PROCEDURES, MOTION AND MEMORANDUM PRACTICE, PROVISIONS ON HEARINGS AND MANDATORY CONFERRAL REQUIREMENTS WHEREAS, the Complex Business Litigation Procedures and Fla. R. Civ. P. 1.201 Complex Litigation shall apply to all actions in the Complex Business Litigation Section, except to the extent that, in any particular action, they are superseded by an Order. WHEREAS, the Complex Business Litigation Procedures are designed to facilitate the proceedings of cases by the Eleventh Judicial Circuit Complex Business Litigation Section; to promote the transmission and access to case information by the Court, litigants, counsel, and the public; and to facilitate the efficient and effective presentation of evidence in the courtroom. These Procedures shall be construed and Case No: 2023-020202-CA-01 Page 1 of 8 enforced to avoid technical delay, encourage civility, permit just and prompt determination of all proceedings, and promote the efficient administration of justice. NOTICE IS HEREBY GIVEN that all outstanding and future motions pertaining to cases within the Complex Business Litigation Section must adhere to Complex Business Litigation Section Procedures, which are available at the court’s website https://www.jud11.flcourts.org/Judge-Details?judgeid=888§ionid=206 Any previously filed motion not in compliance with procedures, e.g., memorandum of law where required, must be resubmitted in conformity with the Complex Business Litigation Procedures. Counsel for Plaintiff(s) and Third Party Plaintiff(s) is/are ORDERED to confirm all parties subsequently named or appearing herein have been served copies of this Notice. If any subsequently served or named party has not been served with a copy of this notice, Plaintiff and Third Party Plaintiff shall provide the party with a copy of this Notice. In addition, it is ORDERED and ADJUDGED that the following will apply to all motions, memoranda and evidentiary hearings as follows: Short Motions As a general rule, five-minute Motion Calendar motions do not require memoranda of law. Copies of motions and any response shall be submitted through Case No: 2023-020202-CA-01 Page 2 of 8 CourtMap in accordance with the Court’s motion calendar procedures posted on its website. Motions Requesting a Special Set Hearing Hearings must be requested using CourtMap which is available on the judge’s webpage. Motions may be scheduled or ruled upon without a hearing, in the court’s discretion. Content of motions shall state with particularity the grounds therefore, citing any statute or rule of procedure relied upon; shall set forth the relief sought and shall include the required certification of conferral. The Court will not consider issues at a hearing on the motion that were not addressed in the motion and memoranda in support of and in opposition to the motion. Memoranda Requirements These requirements and deadlines may not be waived or altered except by court order. Failure to File and Serve Motion Materials: CBL 4.4 A motion or opposition unaccompanied by a required memorandum may be summarily rejected or denied. Failure to timely file a memorandum in opposition to a motion may result in the pending motion being considered and decided as an uncontested motion. Motion briefing deadlines are court orders. Case No: 2023-020202-CA-01 Page 3 of 8 Motion Memoranda Page Time of law limit deadline Motion filed As required 20 When filing Memos which by movant by CBL rules the motion are not filed with the motion will be disregarded Opposition to At time of 20 10 days after If no response motion filing service of is timely opposition, if motion filed, the needed Court will as computed proceed and in Fla. R. may grant the Civ. P. 1.090 motion as unopposed Reply If needed, 10 5 days after If no reply is limited to service of timely filed, matters raised opposition the Court will in the proceed opposition as computed in Fla. R. Civ. P. 1.090 Sur-reply With Court permission only Motions Decided on Papers and Memoranda: Motions may be considered and decided by the Court without a hearing. CBL 4.5 A hearing is at the discretion of the Court. Case No: 2023-020202-CA-01 Page 4 of 8 Sealed and Confidential Documents Sealed or confidential documents should be e-filed pursuant to the instructions on the Clerk’s e-filing portal. In Camera inspections shall be conducted as instructed by the Court. Evidentiary Hearings Absent court order, evidentiary hearings are to be held in person. The court’s usual assigned courtroom is 3-3, however for larger cases and pursuant to advance request, the hearing may be held in another courtroom. Prior to the evidentiary hearing: 1. The parties must file an exhibit list, listing pre-marked exhibits intended for use by the parties, at least 5 days prior to the hearing. 2. The parties must bring with them to the hearing an index to all potential trial exhibits. 3. The parties must pre-mark all exhibits as follows: Plaintiff, Counter-Plaintiff, Cross-Plaintiff: Exh. 1A, 1B, 1C, for identification (e.g.) Defendant, Counter-Defendant, Third-Party Defendant, etc: Exh. A1. A2. A3, for identification (e.g) 4. The parties must exchange all exhibits and meet and confer on objections at Case No: 2023-020202-CA-01 Page 5 of 8 least 48 hours before the hearing. 5. Witnesses may appear by Zoom only in accordance with updated AOs,civil rules, or court order. The party calling any witness by Zoom is responsible for retrofitting the courtroom to ensure such witness can see and hear counsel, the judge,, the jury (if appropriate), that there is no feedback, that the witness may properly be sworn, and that there are no persons in the background coaching the witness nor inappropriate notes or scripts which cannot be viewed by the judge. Any violation of this provision will result in an immediate suspension of a witness’ testimony. In addition, it is ordered as follows: MANDATORY ORDER TO CONFER AND CERTIFICATION REQUIREMENT This case is subject to the Complex Business Litigation Rules. The rules require that parties meet and confer prior to filing any motion to determine if issues can be narrowed, the appropriate amount of time required for hearing if hearing is requested, and any other issues such as the completion of related discovery. Meet and Confer under these rules requires an actual effort between attorneys, not staff. It is therefore: ORDERED and ADJUDGED as follows: All parties to a motion must meet the conferral requirements of the division. The motion must contain a certification of the efforts at meet and confer, which shall Case No: 2023-020202-CA-01 Page 6 of 8 include: • A description of all efforts at a meet and confer, including names of movant and respondent attorneys, dates and method (email, telephone, live meeting) requesting a meet and confer; and • A description of all dates for meet and confer actually held and the method and names of participating attorneys; and • Results achieved, including consensus as to amount of time required for hearing, if granted. The only motions exempt from the meet and confer requirement are Motions for Injunctive Relief Without Notice; Motions for Summary Judgment and Motions to Amend to Add Punitive Damages. ANY OTHER MOTION submitted without a certificate of conferral will be rejected by the Court without prejudice. DONE and ORDERED in Chambers at Miami-Dade County, Florida on this 3rd day of September, 2023. 2023-020202-CA-01 09-03-2023 6:25 PM Hon. Lisa Walsh CIRCUIT COURT JUDGE Electronically Signed Case No: 2023-020202-CA-01 Page 7 of 8 No Further Judicial Action Required on THIS MOTION CLERK TO RECLOSE CASE IF POST JUDGMENT Electronically Served: David M Levine, dlevine@sfl-law.com David M Levine, eservice@sfl-law.com Elaine Kussurelis, elaine.kussurelis@nelsonmullins.com Elaine Kussurelis, marisa.armas@nelsonmullins.com Fausto Sanchez, fsanchez@sfl-law.com Jaime A. Bianchi, jbianchi@whitecase.com Jaime A. Bianchi, mpellecier@whitecase.com Jaime A. Bianchi, MiamiLitigationFileRoom@whitecase.com Justin B. Kaplan, justin.kaplan@nelsonmullins.com Justin B. Kaplan, marisa.armas@nelsonmullins.com Lauren M Allen, lallen@sfl-law.com Lauren M. Allen, lallen@sfl-law.com RYAN K TODD, ryan.todd@nelsonmullins.com RYAN K TODD, herold.labissiere@nelsonmullins.com Robert Kemper, rkemper@sfl-law.com Spencer Thompson, sthompson@sfl-law.com Zachary B. Dickens, zdickens@whitecase.com Zachary B. Dickens, khoward@whitecase.com Zachary B. Dickens, sblattmiropol@whitecase.com Zachary Brian Dickens, zachary.dickens@whitecase.com Zachary Brian Dickens, khoward@whitecase.com Physically Served: Case No: 2023-020202-CA-01 Page 8 of 8