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Filing# 166433731 E-Filed 02/08/2023 07:03:38 PM
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT,
IN AND FOR BROWARD COUNTY, FLORIDA
CASE NO.: CACE21016648 DIVISION: H JUDGE Rodriguez, Carlos Augusto (14)
Adriana Hincapie, et al
/ Petitioner(s)
Plaintiff(s)
UNIFORM TRIAL ORDER
Seventeenth Judicial Circuit
ORDER FOR MANDATORY
CALENDAR CALL
V
Joseph Bernard Wezkiewicz, Jr., et al
Defendant(s)/ Respondent (s).
i
UNIFORM TRIAL ORDER
THE UNIFORM TRIAL DATE LISTED HEREIN IS A FIRM TRIAL DATE AND DEADLINES
WILL BE STRICTLY ENFORCED BY THE COURT. STRICT COMPLIANCE MEANS NO
CONTINUANCES OR EXTENSIONS WILL BE GRANTED WITHOUT COURT ORDER UPON
WRITTEN MOTION SETTING FORTH GOOD CAUSE, PURSUANT TO AOSC20-23,
AMENDMENT 13 (May 6,2021), AND FLA. R. GEN. PRAC. & JUD. ADMIN. 2.545(e).
FAILURE TO ATTEND CALENDAR CALL MAY RESULT IN EITHER THIS CASE
BEING DISMISSED OR A DEFAULT BEING ENTERED.
TRIAL PERIOD COMMENCING: 11-13-2023 to 12-01-2023 This. is a(3 ) week
calendar.
CALENDAR CALL: 11-06-2023 at 10:30 AM
[4] DAYS [ X] JURY NON-JURY
Page 1 of 7
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 02/08/2023 07:03:37 PM.****
Case Number: CACE21016648
I. ORDER OF TRIALS:
The order of trials during this Trial Period will be determined at Calendar Call. Parties are
set
subjectto being called to commence trial during any portionof the above noted Trial Period.
II. TRIAL DATE:
The Court has determined this case is ready for pursuant to Florida Rule of Civil Procedure
trial
1.440. This case is set for trial before the undersigned Judge in Courtroom 14175 or Zoom:
https://17thllcourts.zoom.us/j/277567705 , Broward County Courthouse, 201 S.E. 6th Street,
Fort Lauderdale, Florida,33301, as stated above. The trial date is a firm trial date pursuant to
AOSC20-23, Amendment 13 (May 6, 2021).
III. CIVIL TRIAL POOL:
Parties are advised that this case may be placed into the Seventeenth Judicial Circuit Court's
"Civil Trial Pool" and is subjectto being called for trial before any judge. If placed in the Civil
Trial Pool, parties must be prepared to proceed to trial if called. Only the Division Judge or
the Administrative Judge of the Seventeenth Judicial Circuit Court's Civil Division may grant a
continuance of any case placed in the Civil Trial Pool.
IV. WITNESS LISTS:
A. NO LATER THAN ONE HUNDRED & TWENTY (120) DAYS PRIOR TO
CALENDAR CALL:
Fact Witnesses: Parties must file and serve a list ofnames and addresses of all fact witnesses
who areexpected to testifyat trial. Each party's fact witness list must include a brief
descriptionof the substance and scope of the testimony to be elicited from such witness.
Both sides must cooperate in the scheduling of such witness depositions.
B. NO LATER THAN NINETY (90) DAYS PRIOR TO CALENDAR CALL:
Expert Witnesses:
i. At the time of disclosure of all expert witnesses,the partiesshall file and serve
the names and addresses of all expert witnesses to be called at trial, including
their complete and updated curriculum vitae, and all information regarding
expert testimony that is required by Fla. R. Civ. P. 1.28(b)(5).Parties shall
furnish opposing counsel with two (2) alternative dates of availabilityof all
expert witnesses for the purpose of taking their deposition.Both partiesshall
cooperate in the schedulingof expert depositions.
ii. Thepartiesshall also provide answers to standard form expert interrogatories
pursuant to Fla.R.Civ.P. 1.280(b)(5). All reports or other data compiled by each
disclosed expert which is intended to be used by the expert and/or referred to
during his/her depositiontestimony shall be provided electronically to the
opposing party at least 72 hours priorto the date of the scheduled deposition.
C. NO LATER THAN SIXTY (60) DAYS PRIOR TO CALENDAR CALL:
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Case Number: CACE21016648
Rebuttal Witnesses: Parties must file and serve a list of names and addresses of any rebuttal
witnesses within sixty(60)days.
V. COMPULSORY MEDICAL EVALUATIONS ('CME"): rG?
A. NO LATER THAN NINETY (90) DAYS PRIOR TO CALENDAR CALL:
All CME and other examinations pursuant to Florida Rule of Civil Procedure 1.360 must be
completed no later than ninety (90) days priorto Calendar Call.
VI. DISCOVERY DEADLINES:
A. NO LATER THAN SIXTY-FIVE (65) DAYS PRIOR TO CALENDAR CALL:
All final discovery must have been initiated at least sixty-five
(65) days priorto Calendar
Call.
B. NO LATER THAN THIRTY (30) DAYS PRIOR TO CALENDAR CALL:
Partiesmust complete all discovery,includingexpert discoveryin accordance with Florida
Rule of Civil Procedure 1.280(b)(5), (30)days priorto Calendar Call.
at least thirty
Discovery conducted after this time period is stronglydisfavored and will only be permitted
by order of the Court under exceptionalcircumstances.
C. ELECTRONICALLY STORED INFORMATION (ESI) DISCOVERY: ESI discovery
procedures are governed by Seventeenth Judicial Circuit Administrative Order 2021-20-
Gen, a copy of which is available on the Circuit's webpage (www. 17th.flcourts.org).
VII. MOTIONS:
A. NO LATER THAN SEVENTY-FIVE (75) DAYS PRIOR TO CALENDAR CALL:
1. Motions to add a party or partiesor to amend pleadingsshall be filed and set for hearing
no later than seventy-five(75) days before Calendar Call absent good cause shown. The
deadline shall not conflict with Florida Rule of Civil Procedure 1.190(e),and the motion
may be denied if there has been undue delay,bad faith,prejudiceto the opposing side,
dilatorymotive on the part of the moving party or when the amendment would be futile.
B. NO LATER THAN FORTY-FIVE (45) DAYS PRIOR TO CALENDAR CALL:
1. DispositiveMotions: must be filed and heard no later (45) days before
than forty-five
Calendar Call.
2. DepositionObjections:objectionsraised in depositionsexpected to be introduced at trial
must be filed and heard no later than forty-five
(45) days before Calendar Call.
3. Expert Challenges: motions challenging an expert witness ("Expert Challenges"),must
be filed and heard no later than forty-five
(45)days before Calendar Call.
4. Motions for Summary Judgment: must be filed and heard no later than forty-five (45)
days prior to Calendar Call. Motions for summary judgment will not be heard at
Calendar Call.
C. NO LATER THAN THIRTY (30) DAYS PRIOR TO CALENDAR CALL:
1. Motions in Limine: must be filed and heard no later than thirty(30) days prior to
Calendar Call.
2. All motions, other than motions in limine, not heard before Calendar Call will be
deemed abandoned.
VIII. JOINT PRETRIAL STIPULATION:
A. NO LATER THAN TEN (10) DAYS PRIOR TO CALENDAR CALL:
1. The Stipulationcontemplates a single document that must be filed and
Joint Pretrial
served,with a courtesy copy served on the undersigned judge, no later than ten (10)
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Case Number: CACE21016648
days priorto Calendar Call.
2. The Joint PretrialStipulationrequiresthat all agreed matters be fullyidentified and any
disputedmatters be specifically delineated with respect to each party.
3. At the time o f the above noticed Calendar Call, all partiesmust be preparedto discuss all
items set forth in Florida Rule of Civil Procedure 1.200(b).
B. The Joint Pretrial Stipulation must contain the following in separately numbered
paragraphs:
1. Statement ofthe Facts: A concise,impartialstatement ofthe facts ofthe case.
2. StipulatedFacts: A list of those facts that can be stipulated
and requireno proof at trial.
3. Statement of Disputed Law & Fact A concise,impartial statement ofthose issues of law
and fact that are to be tried.
4. Exhibit Lisa Each party must separatelylist all exhibits they intend to introduce into
evidence. Each item must be listed by number and descriptionon a separate schedule
attached to the Joint Pretrial Stipulation. Each exhibit must be specifically
described. Generic descriptionsof exhibits are subject to being stricken. If any party
objectsto the introduction of any such exhibit,such objectionmust be stated in the
Joint Pretrial Stipulation,settingforth the grounds with specificity. All exhibits must
have been made available to all partiesfor examination. Parties must initial each other's
exhibit lists and exhibits. At trial,only those exhibits properly listed and initialed
may be offered into evidence.
5. Demonstrative Exhibits: all demonstrative exhibits (e.g., charts,graphs,enlargementsof
intended
exhibits,etc.) to be used at a jury trial must be displayedto all partiesat least
ten (10) days before trial.
6. Witness Lists: Parties must furnish a written containingthe names and addresses of
list
order. Such list must designate
all witnesses intended to be called at trial in alphabetical
the type of witness ("expert," "rebuttal,""impeachment," or otherwise)and must be
attached to the Joint Pretrial Stipulation.All fact witness lists must include a brief
descriptionof the substance and scope of the testimony to be elicited from such
witness. lists must designate the expert's specialties.
All expert witness If any party
objectsto any witness, such objection must be stated in the Joint Pretrial Stipulation,
settingforth the grounds with specificity. At trial,only those witnesses properly and
timely disclosed will be permitted to testify.
7. Jury Instructions: If the trial is a jury trial,the partiesmust identifyall agreed upon
standard instructions and all special instructions. Copies of all agreed upon jury
instructions and disputed jury instructions must be attached to the Joint Pretrial
Stipulationidentifyingthe party that proposed the instruction,along with copies of
supportingstatutory citations and/or case law.
8. Verdict Forms: If the trial is a jury trial,the jury verdict form must be designatedas
"agreed to" or "disputed"and must be attached to the Joint Pretrial Stipulation.
9. Peremptory Challenges: If the trial is a jury trial,the number of peremptory challenges
for each party must be stated and attached to the Joint Pretrial Stipulation.
10. Pending Motions: Parties must set forth a list of all pending motions with copies
attached to the Joint Pretrial Stipulation.
11. Trial Estimate: Each party must provide an estimate of the number of trial days required
for presentingits side of the case.
12. Expert Challenges: All expert related issues involving any requests for hearings on
related evidence must be noticed and heard-or agreed to by the parties-no later than
(45) days priorto Calendar
forty-five Call. FAILURE TO DO SO MAY CONSTITUTE
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Case Number: CACE21016648
A WAIVER OF ANY EXPERT RELATED EVIDENCE ISSUE(S). It is within the
discretion of the Court to remove any case with pending expert issues.
IX. COURT POLICIES:
A. Parties must do all thingsreasonable and necessary to assure the availability
of witnesses for
the entire Trial Period or to otherwise preserve witness testimony for trial as provided by the
Florida Rules of Civil Procedure. See Fla. R. Civ. P. 1.300 &
1.460; see also Fla. R. Gen.
Prac. & Jud. Admin. 2.545.
B. The requirementsof this Uniform Trial Order cannot be waived by stipulation absent prior
approval from the Court pursuant to written agreement between the parties.
C. This Uniform Trial Order may be tailored by the assignedDivision Judge to conform to the
particular
requirements ofthe residential foreclosure and complex litigation
divisions.
D. At trial,there will only be one (1) record transcribed by one (1) court reporter.
official
Plaintiff is responsiblefor arranging for a court reporter unless otherwise agreed. If a
must resolve it among themselves priorto Calendar Call.
conflict exists,the parties
X. CONTINUANCES:
No continuances will be granted without Court Order upon written motion setting forth
good cause pursuant to AOSC20-23, Amendment 13 (May 6, 2021), and Fla. R. Gen. Prac.
& Jud. Admin. 2.545(e). All motions seeking a continuance must comply with Fla. R. Civ.
P.1.460 and Fla. R. Gen. Prac. & Jud. Adm. 2.545. Continuances requested for reasons
relatingto failure to follow this Order will not be granted.
A. CONTINUANCES will only be considered upon written motion filed with the Clerk of
Court and served on the undersignedjudge priorto the above noticed Calendar Call.
B. NO CONTINUANCES will be granted for reasons that should have been readily
apparent to the when this Uniform
parties Trial Order was issued.
C. NO CONTINUANCES will be granted if expert witnesses are unavailable because
testimony may be preserved by deposition.
D. NO CONTINUANCES will be granted for reasons relatingto the failure to follow this
Uniform Trial Order.
XI. MANDATORY MEDIATION:
Mediation must commence no later than sixty(60) days priorto Calendar Call. The parties
must comply with Florida Rules of Civil Procedure 1.700, 1.710, 1.720, and 1.730 as to the
conduct of mediation. The partiesmay attend mediation through the use of communication
technology (remotely)if mutually agreed upon. The Court will resolve any disagreement as to
where or how mediation is to be conducted. Plaintiff's counsel is appointed lead counsel to
facilitate and schedule the settlement conference with the mediator and all parties.The Court
appoints:
THOMAS M. LYNCH IV
1136 SE 3RD AVENUE FORT LAUDERDALE FL 33316
tomlynchmediation@gmail.com
954-224-9129
as Mediator, unless, within thirty(30) days of this Uniform Trial Order, the partieschoose a
different Mediator, and file name of the substitute mediator with
notice of that choice and the
the Clerk of Court. Failure to attend mediation may result in sanctions.
XII. SANCTIONS:
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Case Number: CACE21016648
A. All partiesshould be familiar with Florida Rule of Civil Procedure 1.380 entitled "Failure to
Make Discovery; Sanctions" and section 57.105, Florida Statutes,entitled "Attorney's fee;
sanctions for raisingunsupported claims or defenses; exceptions; service of motions;
..
damages for delay of litigation.'
B. FAILURE TO APPEAR, FAILURE TO FOLLOW TIME REQUIREMENTS, OR
FAILURE TO FILE DOCUMENTS REQUIRED BY THIS COURT MAY RESULT IN
THE DISMISSAL OF THE ACTION OR THE IMPOSITION OF SANCTIONS
INCLUDING THE STRIKING OF PLEADINGS.
XIII. SETTLEMENT NOTIFICATION:
Parties must immediately notifythe Court in the event of settlement and submit a stipulation for
an Order of Dismissal. Parties shall also cancel any and all pending hearings as a result of the
settlement.
Pursuant to Florida Rule of General Practice and Judicial Administration 2.516(h)(1),counsel
must file this Uniform Trial Order with the Clerk of Court, serve any self-representedparties
with this Uniform Trial Order, and file a "Certificate of Service" with the Clerk of Court, in
compliance with Florida Rule of General Practice and Judicial Administration 2.516(f),
certifyingthe self-representedparty was served with this Uniform Trial Order.
DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida on 02-08-
2023.
CACE21016648 02-08-2023 4:33 PM
Circuit Court Judge
If you are a person with a disabilitywho needs any accommodation in order to
participatein this proceeding, you are entitled,at no cost to you, to the provision
of certain assistance. Please contact the ADA Coordinator, Room 20140, 201
S.E. Sixth Street, Fort Lauderdale, Florida 33301, 954-831-7721 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
pu havf a hearingor voiffdisabilityyou can contact the court through the
Florida Relay Service by calling711.
Page 6 of 7
Case Number: CACE21016648
CC
Carlos A Jordi, Email : bmachado@rubensteinlaw.com
Carlos A Jordi, Email: cjordi@rubensteinlaw.com
Carlos A Jordi, Email : eservice@rubensteinlaw.com
Charles A Mancuso, Email:
Karl W Labertew, Email KLabertew@rubensteinlaw.com
W Labertew, Email
:
Karl lbosch@rubensteinlaw.com
:
Rodney G Romano, Email tamara@matrixmediation.com
:
Ryan Glenn Myers, Email : eservice@wlclaw.com
Sheri Critelli-Fabiano, Email : flor.law-shericritelli.298019@statefarm.com
THOMAS M. LYNCH IV, Email: tomlynchmediation@gmail.com
Page 7 of 7
Preview
Filing# 166433731 E-Filed 02/08/2023 07:03:38 PM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: CACE21016648 DIVISION: H JUDGE Rodriguez, Carlos Augusto (14) Adriana Hincapie, et al / Petitioner(s) Plaintiff(s) UNIFORM TRIAL ORDER Seventeenth Judicial Circuit ORDER FOR MANDATORY CALENDAR CALL V Joseph Bernard Wezkiewicz, Jr., et al Defendant(s)/ Respondent (s). i UNIFORM TRIAL ORDER THE UNIFORM TRIAL DATE LISTED HEREIN IS A FIRM TRIAL DATE AND DEADLINES WILL BE STRICTLY ENFORCED BY THE COURT. STRICT COMPLIANCE MEANS NO CONTINUANCES OR EXTENSIONS WILL BE GRANTED WITHOUT COURT ORDER UPON WRITTEN MOTION SETTING FORTH GOOD CAUSE, PURSUANT TO AOSC20-23, AMENDMENT 13 (May 6,2021), AND FLA. R. GEN. PRAC. & JUD. ADMIN. 2.545(e). FAILURE TO ATTEND CALENDAR CALL MAY RESULT IN EITHER THIS CASE BEING DISMISSED OR A DEFAULT BEING ENTERED. TRIAL PERIOD COMMENCING: 11-13-2023 to 12-01-2023 This. is a(3 ) week calendar. CALENDAR CALL: 11-06-2023 at 10:30 AM [4] DAYS [ X] JURY NON-JURY Page 1 of 7 *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 02/08/2023 07:03:37 PM.**** Case Number: CACE21016648 I. ORDER OF TRIALS: The order of trials during this Trial Period will be determined at Calendar Call. Parties are set subjectto being called to commence trial during any portionof the above noted Trial Period. II. TRIAL DATE: The Court has determined this case is ready for pursuant to Florida Rule of Civil Procedure trial 1.440. This case is set for trial before the undersigned Judge in Courtroom 14175 or Zoom: https://17thllcourts.zoom.us/j/277567705 , Broward County Courthouse, 201 S.E. 6th Street, Fort Lauderdale, Florida,33301, as stated above. The trial date is a firm trial date pursuant to AOSC20-23, Amendment 13 (May 6, 2021). III. CIVIL TRIAL POOL: Parties are advised that this case may be placed into the Seventeenth Judicial Circuit Court's "Civil Trial Pool" and is subjectto being called for trial before any judge. If placed in the Civil Trial Pool, parties must be prepared to proceed to trial if called. Only the Division Judge or the Administrative Judge of the Seventeenth Judicial Circuit Court's Civil Division may grant a continuance of any case placed in the Civil Trial Pool. IV. WITNESS LISTS: A. NO LATER THAN ONE HUNDRED & TWENTY (120) DAYS PRIOR TO CALENDAR CALL: Fact Witnesses: Parties must file and serve a list ofnames and addresses of all fact witnesses who areexpected to testifyat trial. Each party's fact witness list must include a brief descriptionof the substance and scope of the testimony to be elicited from such witness. Both sides must cooperate in the scheduling of such witness depositions. B. NO LATER THAN NINETY (90) DAYS PRIOR TO CALENDAR CALL: Expert Witnesses: i. At the time of disclosure of all expert witnesses,the partiesshall file and serve the names and addresses of all expert witnesses to be called at trial, including their complete and updated curriculum vitae, and all information regarding expert testimony that is required by Fla. R. Civ. P. 1.28(b)(5).Parties shall furnish opposing counsel with two (2) alternative dates of availabilityof all expert witnesses for the purpose of taking their deposition.Both partiesshall cooperate in the schedulingof expert depositions. ii. Thepartiesshall also provide answers to standard form expert interrogatories pursuant to Fla.R.Civ.P. 1.280(b)(5). All reports or other data compiled by each disclosed expert which is intended to be used by the expert and/or referred to during his/her depositiontestimony shall be provided electronically to the opposing party at least 72 hours priorto the date of the scheduled deposition. C. NO LATER THAN SIXTY (60) DAYS PRIOR TO CALENDAR CALL: Page 2 of 7 Case Number: CACE21016648 Rebuttal Witnesses: Parties must file and serve a list of names and addresses of any rebuttal witnesses within sixty(60)days. V. COMPULSORY MEDICAL EVALUATIONS ('CME"): rG? A. NO LATER THAN NINETY (90) DAYS PRIOR TO CALENDAR CALL: All CME and other examinations pursuant to Florida Rule of Civil Procedure 1.360 must be completed no later than ninety (90) days priorto Calendar Call. VI. DISCOVERY DEADLINES: A. NO LATER THAN SIXTY-FIVE (65) DAYS PRIOR TO CALENDAR CALL: All final discovery must have been initiated at least sixty-five (65) days priorto Calendar Call. B. NO LATER THAN THIRTY (30) DAYS PRIOR TO CALENDAR CALL: Partiesmust complete all discovery,includingexpert discoveryin accordance with Florida Rule of Civil Procedure 1.280(b)(5), (30)days priorto Calendar Call. at least thirty Discovery conducted after this time period is stronglydisfavored and will only be permitted by order of the Court under exceptionalcircumstances. C. ELECTRONICALLY STORED INFORMATION (ESI) DISCOVERY: ESI discovery procedures are governed by Seventeenth Judicial Circuit Administrative Order 2021-20- Gen, a copy of which is available on the Circuit's webpage (www. 17th.flcourts.org). VII. MOTIONS: A. NO LATER THAN SEVENTY-FIVE (75) DAYS PRIOR TO CALENDAR CALL: 1. Motions to add a party or partiesor to amend pleadingsshall be filed and set for hearing no later than seventy-five(75) days before Calendar Call absent good cause shown. The deadline shall not conflict with Florida Rule of Civil Procedure 1.190(e),and the motion may be denied if there has been undue delay,bad faith,prejudiceto the opposing side, dilatorymotive on the part of the moving party or when the amendment would be futile. B. NO LATER THAN FORTY-FIVE (45) DAYS PRIOR TO CALENDAR CALL: 1. DispositiveMotions: must be filed and heard no later (45) days before than forty-five Calendar Call. 2. DepositionObjections:objectionsraised in depositionsexpected to be introduced at trial must be filed and heard no later than forty-five (45) days before Calendar Call. 3. Expert Challenges: motions challenging an expert witness ("Expert Challenges"),must be filed and heard no later than forty-five (45)days before Calendar Call. 4. Motions for Summary Judgment: must be filed and heard no later than forty-five (45) days prior to Calendar Call. Motions for summary judgment will not be heard at Calendar Call. C. NO LATER THAN THIRTY (30) DAYS PRIOR TO CALENDAR CALL: 1. Motions in Limine: must be filed and heard no later than thirty(30) days prior to Calendar Call. 2. All motions, other than motions in limine, not heard before Calendar Call will be deemed abandoned. VIII. JOINT PRETRIAL STIPULATION: A. NO LATER THAN TEN (10) DAYS PRIOR TO CALENDAR CALL: 1. The Stipulationcontemplates a single document that must be filed and Joint Pretrial served,with a courtesy copy served on the undersigned judge, no later than ten (10) Page 3 of 7 Case Number: CACE21016648 days priorto Calendar Call. 2. The Joint PretrialStipulationrequiresthat all agreed matters be fullyidentified and any disputedmatters be specifically delineated with respect to each party. 3. At the time o f the above noticed Calendar Call, all partiesmust be preparedto discuss all items set forth in Florida Rule of Civil Procedure 1.200(b). B. The Joint Pretrial Stipulation must contain the following in separately numbered paragraphs: 1. Statement ofthe Facts: A concise,impartialstatement ofthe facts ofthe case. 2. StipulatedFacts: A list of those facts that can be stipulated and requireno proof at trial. 3. Statement of Disputed Law & Fact A concise,impartial statement ofthose issues of law and fact that are to be tried. 4. Exhibit Lisa Each party must separatelylist all exhibits they intend to introduce into evidence. Each item must be listed by number and descriptionon a separate schedule attached to the Joint Pretrial Stipulation. Each exhibit must be specifically described. Generic descriptionsof exhibits are subject to being stricken. If any party objectsto the introduction of any such exhibit,such objectionmust be stated in the Joint Pretrial Stipulation,settingforth the grounds with specificity. All exhibits must have been made available to all partiesfor examination. Parties must initial each other's exhibit lists and exhibits. At trial,only those exhibits properly listed and initialed may be offered into evidence. 5. Demonstrative Exhibits: all demonstrative exhibits (e.g., charts,graphs,enlargementsof intended exhibits,etc.) to be used at a jury trial must be displayedto all partiesat least ten (10) days before trial. 6. Witness Lists: Parties must furnish a written containingthe names and addresses of list order. Such list must designate all witnesses intended to be called at trial in alphabetical the type of witness ("expert," "rebuttal,""impeachment," or otherwise)and must be attached to the Joint Pretrial Stipulation.All fact witness lists must include a brief descriptionof the substance and scope of the testimony to be elicited from such witness. lists must designate the expert's specialties. All expert witness If any party objectsto any witness, such objection must be stated in the Joint Pretrial Stipulation, settingforth the grounds with specificity. At trial,only those witnesses properly and timely disclosed will be permitted to testify. 7. Jury Instructions: If the trial is a jury trial,the partiesmust identifyall agreed upon standard instructions and all special instructions. Copies of all agreed upon jury instructions and disputed jury instructions must be attached to the Joint Pretrial Stipulationidentifyingthe party that proposed the instruction,along with copies of supportingstatutory citations and/or case law. 8. Verdict Forms: If the trial is a jury trial,the jury verdict form must be designatedas "agreed to" or "disputed"and must be attached to the Joint Pretrial Stipulation. 9. Peremptory Challenges: If the trial is a jury trial,the number of peremptory challenges for each party must be stated and attached to the Joint Pretrial Stipulation. 10. Pending Motions: Parties must set forth a list of all pending motions with copies attached to the Joint Pretrial Stipulation. 11. Trial Estimate: Each party must provide an estimate of the number of trial days required for presentingits side of the case. 12. Expert Challenges: All expert related issues involving any requests for hearings on related evidence must be noticed and heard-or agreed to by the parties-no later than (45) days priorto Calendar forty-five Call. FAILURE TO DO SO MAY CONSTITUTE Page 4 of 7 Case Number: CACE21016648 A WAIVER OF ANY EXPERT RELATED EVIDENCE ISSUE(S). It is within the discretion of the Court to remove any case with pending expert issues. IX. COURT POLICIES: A. Parties must do all thingsreasonable and necessary to assure the availability of witnesses for the entire Trial Period or to otherwise preserve witness testimony for trial as provided by the Florida Rules of Civil Procedure. See Fla. R. Civ. P. 1.300 & 1.460; see also Fla. R. Gen. Prac. & Jud. Admin. 2.545. B. The requirementsof this Uniform Trial Order cannot be waived by stipulation absent prior approval from the Court pursuant to written agreement between the parties. C. This Uniform Trial Order may be tailored by the assignedDivision Judge to conform to the particular requirements ofthe residential foreclosure and complex litigation divisions. D. At trial,there will only be one (1) record transcribed by one (1) court reporter. official Plaintiff is responsiblefor arranging for a court reporter unless otherwise agreed. If a must resolve it among themselves priorto Calendar Call. conflict exists,the parties X. CONTINUANCES: No continuances will be granted without Court Order upon written motion setting forth good cause pursuant to AOSC20-23, Amendment 13 (May 6, 2021), and Fla. R. Gen. Prac. & Jud. Admin. 2.545(e). All motions seeking a continuance must comply with Fla. R. Civ. P.1.460 and Fla. R. Gen. Prac. & Jud. Adm. 2.545. Continuances requested for reasons relatingto failure to follow this Order will not be granted. A. CONTINUANCES will only be considered upon written motion filed with the Clerk of Court and served on the undersignedjudge priorto the above noticed Calendar Call. B. NO CONTINUANCES will be granted for reasons that should have been readily apparent to the when this Uniform parties Trial Order was issued. C. NO CONTINUANCES will be granted if expert witnesses are unavailable because testimony may be preserved by deposition. D. NO CONTINUANCES will be granted for reasons relatingto the failure to follow this Uniform Trial Order. XI. MANDATORY MEDIATION: Mediation must commence no later than sixty(60) days priorto Calendar Call. The parties must comply with Florida Rules of Civil Procedure 1.700, 1.710, 1.720, and 1.730 as to the conduct of mediation. The partiesmay attend mediation through the use of communication technology (remotely)if mutually agreed upon. The Court will resolve any disagreement as to where or how mediation is to be conducted. Plaintiff's counsel is appointed lead counsel to facilitate and schedule the settlement conference with the mediator and all parties.The Court appoints: THOMAS M. LYNCH IV 1136 SE 3RD AVENUE FORT LAUDERDALE FL 33316 tomlynchmediation@gmail.com 954-224-9129 as Mediator, unless, within thirty(30) days of this Uniform Trial Order, the partieschoose a different Mediator, and file name of the substitute mediator with notice of that choice and the the Clerk of Court. Failure to attend mediation may result in sanctions. XII. SANCTIONS: Page 5 of 7 Case Number: CACE21016648 A. All partiesshould be familiar with Florida Rule of Civil Procedure 1.380 entitled "Failure to Make Discovery; Sanctions" and section 57.105, Florida Statutes,entitled "Attorney's fee; sanctions for raisingunsupported claims or defenses; exceptions; service of motions; .. damages for delay of litigation.' B. FAILURE TO APPEAR, FAILURE TO FOLLOW TIME REQUIREMENTS, OR FAILURE TO FILE DOCUMENTS REQUIRED BY THIS COURT MAY RESULT IN THE DISMISSAL OF THE ACTION OR THE IMPOSITION OF SANCTIONS INCLUDING THE STRIKING OF PLEADINGS. XIII. SETTLEMENT NOTIFICATION: Parties must immediately notifythe Court in the event of settlement and submit a stipulation for an Order of Dismissal. Parties shall also cancel any and all pending hearings as a result of the settlement. Pursuant to Florida Rule of General Practice and Judicial Administration 2.516(h)(1),counsel must file this Uniform Trial Order with the Clerk of Court, serve any self-representedparties with this Uniform Trial Order, and file a "Certificate of Service" with the Clerk of Court, in compliance with Florida Rule of General Practice and Judicial Administration 2.516(f), certifyingthe self-representedparty was served with this Uniform Trial Order. DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida on 02-08- 2023. CACE21016648 02-08-2023 4:33 PM Circuit Court Judge If you are a person with a disabilitywho needs any accommodation in order to participatein this proceeding, you are entitled,at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator, Room 20140, 201 S.E. Sixth Street, Fort Lauderdale, Florida 33301, 954-831-7721 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 pu havf a hearingor voiffdisabilityyou can contact the court through the Florida Relay Service by calling711. Page 6 of 7 Case Number: CACE21016648 CC Carlos A Jordi, Email : bmachado@rubensteinlaw.com Carlos A Jordi, Email: cjordi@rubensteinlaw.com Carlos A Jordi, Email : eservice@rubensteinlaw.com Charles A Mancuso, Email: Karl W Labertew, Email KLabertew@rubensteinlaw.com W Labertew, Email : Karl lbosch@rubensteinlaw.com : Rodney G Romano, Email tamara@matrixmediation.com : Ryan Glenn Myers, Email : eservice@wlclaw.com Sheri Critelli-Fabiano, Email : flor.law-shericritelli.298019@statefarm.com THOMAS M. LYNCH IV, Email: tomlynchmediation@gmail.com Page 7 of 7