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IN THE THIRTEENTH JUDICIAL CIRCUIT COURT
FOR HILLSBOROUGH COUNTY, FLORIDA
CIRCUIT CIVIL DIVISION
JEREME SCHUMACHER
Plaintiff(s),
Case No:.21-CA-5495
Division: ©
HERITAGE PROPERTY
Defendant(s).
SECOND
Amended
Differentiated Case Management Order
(General & Extended Circuit Civil Cases)
THIS CAUSE comes before the Court after {select one} [_] a
hearing held on or a stipulation of the parties
seeking the entry of an Amended Differentiated Case Management
Order (“Amended DCM Order”) governing this case. Although Florida
Supreme Court Administrative Order AOSC21-17, Amendment 1 (the
“Supreme Court Order”) and the Thirteenth Judicial Circuit’s
Administrative Order S-2021-060 (the “Case Management Plan”)
require the entry of a Differentiated Case Management (“DCM”) Order
containing a projected trial date within the time standards
established by Florida Rule of General Practice and Judicial
Administration 2.250, this rule recognizes that under appropriate
circumstances the time standards may be modified.
In entering this Amended DCM Order, the Court finds that the
following good cause has been established meriting a reasonable
delay in the presumptive time standard set forth in Rule
2.250(a)(1)(B):
05/26/2022 03:45:50 PM Electronically Filed: Hillsborough County/13th Judicial Circuit. Page 1
(J For the reasons identified in the Uniform Stipulated Motion
Establishing Good Cause for Entry of Amended Differentiated
Case Management Order; or
For the following reasons:
PARTIES NEED ADDITIONAL TIME TO COMPLETE DISCOVERY AND
SUBMIT TO MEDIATION PURSUANT TO THE RECENT RULING OF THE
COURT
Accordingly, it is now
ORDERED, and ADJUDGED that:
Counsel and any self-represented parties may seek to enlarge
or modify the deadlines set forth herein only by filing a motion
and setting it for hearing.
A projected trial date must be included in the DCM Order for
Existing Cases because it is required by the Supreme Court
Order. However, a projected trial date does not set the case for
trial. A firm trial date will be set only through entry of a Uniform
Order Setting Trial & Pretrial (Revised April 30, 2021). The
Uniform Order Setting Trial & Pretrial (April 30, 2021) can be
located on the division judge’s web page under the “Forms”
tab. Each division’s trial weeks are published on the division
judge’s web page under the “Schedule” tab. The Uniform Order
Setting Trial & Pretrial (Revised April 30, 2021) may be entered
in any one of the following ways:
a. By the Court, for the division’s published trial week(s) for
the projected trial month. This may be done by the Court
at any time, with or without a hearing and with or without
notice;
05/26/2022 03:45:50 PM Electronically Filed: Hillsborough County/13th Judicial Circuit. Page 2
b. After submission of the order by the parties via the
Statewide Portal, for the division’s published trial week(s)
for the projected trial month; or
c. After a hearing set by either the parties or the Court.
While the Uniform Order Setting Trial & Pretrial (Revised
April 30, 2021) may be entered in any one of those ways,
it is ultimately the Plaintiff's responsibility to ensure that
the Uniform Order Setting Trial & Pretrial (Revised April
30, 2021) is submitted to the Court for entry by the
deadline.
If the projected trial date below falls outside the time standards
specified in Florida Rule of General Practice and Judicial
Administration 2.250(a)(1)(B), it is because the Court has found
good cause for such a variation from those standards in this
case as set forth above. This good cause includes but is not
limited to the period of time that the case was pending prior to
the entry of this Order, the status of discovery, and the
necessity of affording the parties and their counsel adequate
notice and an opportunity to prepare their case prior to setting
the case for trial, among other relevant factors.
Counsel and any self-represented parties are DIRECTED to
review and comply with all provisions of the Thirteenth Circuit’s
Administrative Order S-2021-014.
In furtherance of the prompt administration of justice, a
certificate of conferral pursuant to paragraph 11.A. of the
Thirteenth Circuit’s Administrative Order S-2021-014 shall be
included in the body of every applicable motion.
a. Counsel and/or any unrepresented parties should review
paragraph 11.A. prior to filing any motion and should
anticipate that a hearing set on a motion that lacks such
a certification will be canceled and the motion denied
without a hearing for failure to comply with this
requirement; and
05/26/2022 03:45:50 PM Electronically Filed: Hillsborough County/13th Judicial Circuit. Page 3
b. When a certificate of conferral is required under paragraph
11.A., the certificate should be substantially in the
following form:
“I certify that prior to filing this motion, I attempted to
resolve the matter by discussing the relief requested in this
motion by [date and method of communication (select one
of the following: in person, telephone, or video conference}]
with the opposing party or counsel and [the o, osin
or counsel did not agree to that the motion could be
resolved without the necessity of a_ hearing] OR [the
opposing party or counsel did not respond and (describe
with particularity all of the efforts undertaken _to
accomplish dialogue with the opposing party or opposing
party’s counsel prior to filing the motion]].”
6. Discovery Provisions
c. Fact Discovery:
i. All discovery must be served in time for a timely
response to be received prior to the completion of fact
discovery;
ii. All non-expert witness depositions must occur prior
to the completion of fact discovery; and
iii. Failure to timely complete discovery by this deadline
may result in sanctions, including but not limited to
striking pleadings, entering judgment or a default,
exclusion of evidence, or any other sanctions or
combination of sanctions deemed appropriate.
d. Expert Discovery:
1 Expert disclosure must occur by the deadline
indicated below; and
05/26/2022 03:45:50 PM Electronically Filed: Hillsborough County/13th Judicial Circuit. Page 4
ii. Contemporaneous with disclosure of each expert, the
disclosing counsel must provide to all other parties:
1. No fewer than five proposed deposition dates, all
of which must be prior to the deadline to
complete expert discovery; and
2. For each expert;
a. Identify the expert’s area of expertise;
b Identify the subject matter on which the
expert is expected to testify;
Summarize the substance of the facts and
opinions to which the expert is expected to
testify; and
Summarize the grounds for each opinion.
The court may preclude an expert from
testifying outside of the disclosed
opinions.
iii. All expert witness depositions must be conducted
prior to the deadline for completion of expert
discovery.
lV. It is the responsibility of counsel to select experts
who:
1. Are prepared to make themselves available for
deposition within the expert discovery period;
Are prepared to respond promptly to requests
for deposition dates; and
If an expert cannot be deposed prior to the
deadline for completion of expert discovery
despite timely and reasonable efforts of
05/26/2022 03:45:50 PM Electronically Filed: Hillsborough County/13th Judicial Circuit. Page 5
opposing counsel to secure deposition dates,
that expert’s testimony may be excluded at trial;
The deadlines set forth below are ESTABLISHED and will
GOVERN this case. Counsel and any self-represented parties are
DIRECTED to review, calendar, and abide by them:
Action or Event Date
Deadline for service of complaint. EXPIRED
[Default is 120 days after filing of complaint;
see Rule 1.070(j), Fla. R. Civ. P. If 120 days
have passed since the complaint was filed
and the Court has not granted additional
time for service, indicate “Deadline
Expired.”]
Deadline for adding parties. EXPIRED
[Default is 150 days after filing of complaint;
subject to Rule 1.210, Fla. R. Civ. P. If 150
days have passed since the complaint was
filed and the Court has not granted
additional time to add parties, indicate
“Deadline Expired.”]
Deadline for completion of fact discovery, JULY
12022
in compliance with paragraph 6 above.
[Select deadline.]
Deadline for filing motion to compel. JULY 15, 2022
[Default is 14 days after completion of fact
discovery.]
Plaintiff's expert disclosure deadline, in AUGUST 1, 2022
compliance with paragraph 6 above.
05/26/2022 03:45:50 PM Electronically Filed: Hillsborough County/13th Judicial Circuit. Page 6
[Default is 30 days after completion of fact
discovery.]
Defendant’s expert disclosure deadline, AUGUST 31, 2022
in compliance with paragraph 6 above
[Default is 30 days after disclosure of
Plaintiff's expert.]
Rebuttal expert disclosure deadline, in SEPTEMBER 14, 2022
compliance with paragraph 6 above.
[Default is 14 days after disclosure of
Defendant’s expert.]
Deadline for completion of compulsory NOT APPLICABLE
medical exam, if applicable and requested
(“CME”) .
[Default is 90 days after disclosure of
Plaintiff's expert; subject to Rule 1.360(1)(A),
Fla. R. Civ. P.]
Deadline to upload Uniform Order Setting OCTOBER
29, 2022
Trial & Pretrial (Revised April 30, 2021).
[Default is 4 months after close of fact
discovery. Plaintiffs counsel must take the
lead in preparing the Uniform Order Setting
Trial & Pretrial (Revised April 30, 2021),
selecting the division’s trial week(s) for the
month and year of the projected trial term
unless all parties agree to a different trial
week. Pretrial time must be reserved in
JAWS and the Uniform Order Setting Trial &
Pretrial must be uploaded for the judge’s
signature through the Statewide Portal.]
Deadline for completion of expert NOVEMBER 28, 2022
discovery.
[Default is 5 months after close of fact
discovery.]
05/26/2022 03:45:50 PM Electronically Filed: Hillsborough County/13th Judicial Circuit. Page 7
Deadline for completion of mediation. DECEMBER 28, 2022
[Default is 6 months after close of fact
discovery.]
Month and year of the projected trial MARCH 2023
term.
[Default is 9 months after the close of fact
discovery; the trial week will be set in a
Uniform Order Setting Trial & Pretrial
(Revised April 30, 2021) at a later date; see
Florida Rule of General Practice and Judicial
Administration 2.250(a)(1)(B)]
9. Amendments to DCM Order. The deadlines set forth above are
amendments to the deadlines established in the original DCM Order
entered in this case. All other provisions of the original DCM Order
govern this case and will be strictly enforced by the Court.
DONE and ORDERED in Chambers in Tampa, Florida on the
date imprinted below.
21-CA-0 4549 PM
21-CA-01 5 5/26/2022 3:45:49 PM
CIRCUIT JUDGE
05/26/2022 03:45:50 PM Electronically Filed: Hillsborough County/13th Judicial Circuit. Page 8
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IN THE THIRTEENTH JUDICIAL CIRCUIT COURT FOR HILLSBOROUGH COUNTY, FLORIDA CIRCUIT CIVIL DIVISION JEREME SCHUMACHER Plaintiff(s), Case No:.21-CA-5495 Division: © HERITAGE PROPERTY Defendant(s). SECOND Amended Differentiated Case Management Order (General & Extended Circuit Civil Cases) THIS CAUSE comes before the Court after {select one} [_] a hearing held on or a stipulation of the parties seeking the entry of an Amended Differentiated Case Management Order (“Amended DCM Order”) governing this case. Although Florida Supreme Court Administrative Order AOSC21-17, Amendment 1 (the “Supreme Court Order”) and the Thirteenth Judicial Circuit’s Administrative Order S-2021-060 (the “Case Management Plan”) require the entry of a Differentiated Case Management (“DCM”) Order containing a projected trial date within the time standards established by Florida Rule of General Practice and Judicial Administration 2.250, this rule recognizes that under appropriate circumstances the time standards may be modified. In entering this Amended DCM Order, the Court finds that the following good cause has been established meriting a reasonable delay in the presumptive time standard set forth in Rule 2.250(a)(1)(B): 05/26/2022 03:45:50 PM Electronically Filed: Hillsborough County/13th Judicial Circuit. Page 1 (J For the reasons identified in the Uniform Stipulated Motion Establishing Good Cause for Entry of Amended Differentiated Case Management Order; or For the following reasons: PARTIES NEED ADDITIONAL TIME TO COMPLETE DISCOVERY AND SUBMIT TO MEDIATION PURSUANT TO THE RECENT RULING OF THE COURT Accordingly, it is now ORDERED, and ADJUDGED that: Counsel and any self-represented parties may seek to enlarge or modify the deadlines set forth herein only by filing a motion and setting it for hearing. A projected trial date must be included in the DCM Order for Existing Cases because it is required by the Supreme Court Order. However, a projected trial date does not set the case for trial. A firm trial date will be set only through entry of a Uniform Order Setting Trial & Pretrial (Revised April 30, 2021). The Uniform Order Setting Trial & Pretrial (April 30, 2021) can be located on the division judge’s web page under the “Forms” tab. Each division’s trial weeks are published on the division judge’s web page under the “Schedule” tab. The Uniform Order Setting Trial & Pretrial (Revised April 30, 2021) may be entered in any one of the following ways: a. By the Court, for the division’s published trial week(s) for the projected trial month. This may be done by the Court at any time, with or without a hearing and with or without notice; 05/26/2022 03:45:50 PM Electronically Filed: Hillsborough County/13th Judicial Circuit. Page 2 b. After submission of the order by the parties via the Statewide Portal, for the division’s published trial week(s) for the projected trial month; or c. After a hearing set by either the parties or the Court. While the Uniform Order Setting Trial & Pretrial (Revised April 30, 2021) may be entered in any one of those ways, it is ultimately the Plaintiff's responsibility to ensure that the Uniform Order Setting Trial & Pretrial (Revised April 30, 2021) is submitted to the Court for entry by the deadline. If the projected trial date below falls outside the time standards specified in Florida Rule of General Practice and Judicial Administration 2.250(a)(1)(B), it is because the Court has found good cause for such a variation from those standards in this case as set forth above. This good cause includes but is not limited to the period of time that the case was pending prior to the entry of this Order, the status of discovery, and the necessity of affording the parties and their counsel adequate notice and an opportunity to prepare their case prior to setting the case for trial, among other relevant factors. Counsel and any self-represented parties are DIRECTED to review and comply with all provisions of the Thirteenth Circuit’s Administrative Order S-2021-014. In furtherance of the prompt administration of justice, a certificate of conferral pursuant to paragraph 11.A. of the Thirteenth Circuit’s Administrative Order S-2021-014 shall be included in the body of every applicable motion. a. Counsel and/or any unrepresented parties should review paragraph 11.A. prior to filing any motion and should anticipate that a hearing set on a motion that lacks such a certification will be canceled and the motion denied without a hearing for failure to comply with this requirement; and 05/26/2022 03:45:50 PM Electronically Filed: Hillsborough County/13th Judicial Circuit. Page 3 b. When a certificate of conferral is required under paragraph 11.A., the certificate should be substantially in the following form: “I certify that prior to filing this motion, I attempted to resolve the matter by discussing the relief requested in this motion by [date and method of communication (select one of the following: in person, telephone, or video conference}] with the opposing party or counsel and [the o, osin or counsel did not agree to that the motion could be resolved without the necessity of a_ hearing] OR [the opposing party or counsel did not respond and (describe with particularity all of the efforts undertaken _to accomplish dialogue with the opposing party or opposing party’s counsel prior to filing the motion]].” 6. Discovery Provisions c. Fact Discovery: i. All discovery must be served in time for a timely response to be received prior to the completion of fact discovery; ii. All non-expert witness depositions must occur prior to the completion of fact discovery; and iii. Failure to timely complete discovery by this deadline may result in sanctions, including but not limited to striking pleadings, entering judgment or a default, exclusion of evidence, or any other sanctions or combination of sanctions deemed appropriate. d. Expert Discovery: 1 Expert disclosure must occur by the deadline indicated below; and 05/26/2022 03:45:50 PM Electronically Filed: Hillsborough County/13th Judicial Circuit. Page 4 ii. Contemporaneous with disclosure of each expert, the disclosing counsel must provide to all other parties: 1. No fewer than five proposed deposition dates, all of which must be prior to the deadline to complete expert discovery; and 2. For each expert; a. Identify the expert’s area of expertise; b Identify the subject matter on which the expert is expected to testify; Summarize the substance of the facts and opinions to which the expert is expected to testify; and Summarize the grounds for each opinion. The court may preclude an expert from testifying outside of the disclosed opinions. iii. All expert witness depositions must be conducted prior to the deadline for completion of expert discovery. lV. It is the responsibility of counsel to select experts who: 1. Are prepared to make themselves available for deposition within the expert discovery period; Are prepared to respond promptly to requests for deposition dates; and If an expert cannot be deposed prior to the deadline for completion of expert discovery despite timely and reasonable efforts of 05/26/2022 03:45:50 PM Electronically Filed: Hillsborough County/13th Judicial Circuit. Page 5 opposing counsel to secure deposition dates, that expert’s testimony may be excluded at trial; The deadlines set forth below are ESTABLISHED and will GOVERN this case. Counsel and any self-represented parties are DIRECTED to review, calendar, and abide by them: Action or Event Date Deadline for service of complaint. EXPIRED [Default is 120 days after filing of complaint; see Rule 1.070(j), Fla. R. Civ. P. If 120 days have passed since the complaint was filed and the Court has not granted additional time for service, indicate “Deadline Expired.”] Deadline for adding parties. EXPIRED [Default is 150 days after filing of complaint; subject to Rule 1.210, Fla. R. Civ. P. If 150 days have passed since the complaint was filed and the Court has not granted additional time to add parties, indicate “Deadline Expired.”] Deadline for completion of fact discovery, JULY 12022 in compliance with paragraph 6 above. [Select deadline.] Deadline for filing motion to compel. JULY 15, 2022 [Default is 14 days after completion of fact discovery.] Plaintiff's expert disclosure deadline, in AUGUST 1, 2022 compliance with paragraph 6 above. 05/26/2022 03:45:50 PM Electronically Filed: Hillsborough County/13th Judicial Circuit. Page 6 [Default is 30 days after completion of fact discovery.] Defendant’s expert disclosure deadline, AUGUST 31, 2022 in compliance with paragraph 6 above [Default is 30 days after disclosure of Plaintiff's expert.] Rebuttal expert disclosure deadline, in SEPTEMBER 14, 2022 compliance with paragraph 6 above. [Default is 14 days after disclosure of Defendant’s expert.] Deadline for completion of compulsory NOT APPLICABLE medical exam, if applicable and requested (“CME”) . [Default is 90 days after disclosure of Plaintiff's expert; subject to Rule 1.360(1)(A), Fla. R. Civ. P.] Deadline to upload Uniform Order Setting OCTOBER 29, 2022 Trial & Pretrial (Revised April 30, 2021). [Default is 4 months after close of fact discovery. Plaintiffs counsel must take the lead in preparing the Uniform Order Setting Trial & Pretrial (Revised April 30, 2021), selecting the division’s trial week(s) for the month and year of the projected trial term unless all parties agree to a different trial week. Pretrial time must be reserved in JAWS and the Uniform Order Setting Trial & Pretrial must be uploaded for the judge’s signature through the Statewide Portal.] Deadline for completion of expert NOVEMBER 28, 2022 discovery. [Default is 5 months after close of fact discovery.] 05/26/2022 03:45:50 PM Electronically Filed: Hillsborough County/13th Judicial Circuit. Page 7 Deadline for completion of mediation. DECEMBER 28, 2022 [Default is 6 months after close of fact discovery.] Month and year of the projected trial MARCH 2023 term. [Default is 9 months after the close of fact discovery; the trial week will be set in a Uniform Order Setting Trial & Pretrial (Revised April 30, 2021) at a later date; see Florida Rule of General Practice and Judicial Administration 2.250(a)(1)(B)] 9. Amendments to DCM Order. The deadlines set forth above are amendments to the deadlines established in the original DCM Order entered in this case. All other provisions of the original DCM Order govern this case and will be strictly enforced by the Court. DONE and ORDERED in Chambers in Tampa, Florida on the date imprinted below. 21-CA-0 4549 PM 21-CA-01 5 5/26/2022 3:45:49 PM CIRCUIT JUDGE 05/26/2022 03:45:50 PM Electronically Filed: Hillsborough County/13th Judicial Circuit. Page 8