Preview
#** FILED: BROWARD COUNTY. FL Brenda D. Forman, CLERK 12/5/2017 2:18:23 PM.****
ALL PARTIES MUST READ CAREFULLY.
FULL COMPLIANCE IS MANDATORY!
IN THE COUNTY COURT IN AND
FOR BROWARD COUNTY, FLORIDA
FLORIDA PENINSULA
INSURANCE COMPANY, CASE NO.: 15-26983 COCE 54
Plaintiff,
JUDGE: FLORENCE TAYLOR BARNER
Vv
ORDER SETTING PRETRIAL
RESTORATION XPERTS, INC., DEADLINES AND RELATED
REQUIREMENTS
Defendant.
/
PRETRIAL CONFERENCE: APRIL 6, 2018 @ 9:30 AM
201 SE 6™ Street, Room 13156
Fort Lauderdale, FL 33301
CALENDAR CALL: APRIL 27, 2018 @ 9:30 AM
TRIAL PERIOD: MAY 7, 2018 @ 9:30 AM (2 Week Trial Period)
NO CONTINUANCES will be granted without prior written motion and Order.
BY ORDER OF THE COURT the following requirements are imposed on all
parties:
1 REQUIREMENTS OF PRETRIAL ORDER CANNOT BE WAIVED BY
STIPULATION.
DISCOVERY must be completed no later than 90 days from the date of this
Order.
EXPERT WITNESSES names and addresses shall be disclosed by the
Plaintiff no later than 30 days from the date of this Order. ai
ECEVE
DB 5 2017
AQ NYS)
no later than 40 days from the date of this Order. No continuances will be
granted because expert witnesses are unavailable for trial, because their
testimony may be preserved by deposition.
PRETRIAL STIPULATION REQUIREMENTS
A JOINT PRETRIAL STIPULATION must be filed (a copy delivered to the
Court) by all counsel of record no later than 100 days from the date of this
Order. THE COURT DOES NOT ACCEPT UNILATERAL PRETRIAL
STIPULATIONS. It is the responsibility of all parties to cooperate in good
faith in preparation of the Joint Pretrial Stipulation. FAILURE TO
COMPLY WITH THIS REQUIREMENT WILL RESULT IN
SANCTIONS. Any Unilateral Pretrial Stipulation filed will be sua sponte
STRICKEN and sanctions imposed on the party filing it. Failure to file a
complete Joint Pretrial Stipulation, including witness lists, exhibit lists, jury
instructions and verdict forms, will result in postponement of the trial, and/or
sanctions including dismissal and/or default. If either party delays the
preparation of the Joint Stipulation, a motion describing the delay must be
immediately filed with the Clerk of Court and brought to the Court’s
attention prior to the deadline.
The Stipulation must be a single, unified submission and must contain the
following information in separately numbered paragraphs or sections:
a. Concise, impartial statement of the facts of case.
b List of any stipulated facts requiring no proof at trial.
Statement of disputed issues of law and fact to be tried.
Exhibits shall be listed by number and specific description on a
separate schedule attached to the stipulation. Generic descriptions of
exhibits will be stricken. Any evidentiary objections to any exhibit of
an opposing party shall be delineated with specificity.
Witnesses’, including "rebuttal" or "impeachment" witnesses, names
and addresses shall be listed by name numerically on a separate
schedule attached to the stipulation. Witnesses MUST be listed by
actual NAME of the witness, and not designation (i.e., use of such
designations as “Corporate Representative,” “Records Custodian,”
2
and “Adjuster” standing alone is insufficient). All expert witnesses
shall be so designated. Only those witnesses listed by NAME shall be
permitted to testify at trial.
Agreed jury instructions and disputed jury instructions must be filed
as part of the pretrial stipulation. Disputed instructions shall be
identified as to the party that proposed the instruction and copies of
any statutory citations and/or case law pertaining to the proposed
instructions.
Agreed verdict form or disputed verdict forms must be filed as part of
the pretrial stipulation.
Failure to file a complete unified Pretrial Stipulation, including jury
instructions and verdict forms, will result in sanctions including dismissal
and/or default.
At trial the parties shall be STRICTLY LIMITED to exhibits and
witnesses disclosed and objections reserved in the pretrial stipulation. A
party desiring to use an exhibit, examination or test result, or witness
discovered after the deadlines set forth in this Order must immediately, upon
discovery, notify all other counsel and the Court by written motion. Use of
the exhibit, examination or test result, or witness may be allowed for good
cause shown or to prevent manifest injustice.
MEDIATION AND ARBITRATION
Applicable if checked): MEDIATION: Simultaneously herewith, the
parties are being referred to mandatory mediation, which shall be completed
within 105 days of the date of this Order.
(CG Applicable if checked): ARBITRATION: Simultaneously herewith, the
parties are being referred to mandatory non-binding arbitration, which shall
be completed within 120 days of the date of this Order.
FAILURE TO MEDIATE OR ARBITRATE IN GOOD FAITH OR TO
ATTEND THE PRETRIAL CONFERENCE MAY RESULT IN
DISMISSAL OR DEFAULT.
REQUIREMENTS RELATED TO PRETRIAL CONFERENCE
IF A PRETRIAL CONFERENCE DATE HAS BEEN SET IN THIS ORDER
ABOVE, THE FOLLOWING PROVISIONS WILL APPLY:
10. MOTIONS FOR SUMMARY JUDGMENT will NOT be heard at the
pretrial conference or at the time of trial but, must be heard no later than ten
(10) days prior to the pretrial conference.
11 Prior to the pretrial conference, the Court must have ruled on all motions
previously filed, with the exception of motions in limine. In the absence of
good cause for failure to set such motion for hearing, the motion is subject to
being deemed waived.
12 Motions in Limine must be heard prior to the date of trial as set by the Court.
13 ALL DAUBERT related issues (Fla. Stat. §90.702) shall be noticed and
heard — or agreed to by the parties — no later than two weeks before the
pretrial conference. FAILURE TO DO SO SHALL CONSTITUTE A
WAIVER AT TRIAL OR ANY DAUBERT RELATED EVIDENCE
OBJECTION OR ISSUE.
14 ALL EXHIBITS MUST BE BROUGHT TO THE PRE-TRIAL
CONFERENCE FOR PRE-MARKING. Any exhibit either party desires to
use at trial exceeding four (4) pages in length must be consecutively
paginated (by Bates-stamp method or otherwise). Any exhibit not meeting
this requirement will not be allowed for use at trial.
15 At the time of the pretrial conference, the parties shall further be prepared to
discuss all the items set forth in Fla. R. Civ. P. 1.200(b).
DONE AND ORDERED in chambers, roward County, Florida on this 4"
day of December, 2017.
OREN! AYLOR B
COUNTY COURT JUD
Copies Furnished:
Plaintiff Counsel — John Riordan, Esq...
Defendant Counsel — Peter B. Weintraub, Esq.
If you are a person with a disability who needs any accommodation in order
to participate in 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 you are hearing or voice impaired, call 711.
Preview
#** FILED: BROWARD COUNTY. FL Brenda D. Forman, CLERK 12/5/2017 2:18:23 PM.**** ALL PARTIES MUST READ CAREFULLY. FULL COMPLIANCE IS MANDATORY! IN THE COUNTY COURT IN AND FOR BROWARD COUNTY, FLORIDA FLORIDA PENINSULA INSURANCE COMPANY, CASE NO.: 15-26983 COCE 54 Plaintiff, JUDGE: FLORENCE TAYLOR BARNER Vv ORDER SETTING PRETRIAL RESTORATION XPERTS, INC., DEADLINES AND RELATED REQUIREMENTS Defendant. / PRETRIAL CONFERENCE: APRIL 6, 2018 @ 9:30 AM 201 SE 6™ Street, Room 13156 Fort Lauderdale, FL 33301 CALENDAR CALL: APRIL 27, 2018 @ 9:30 AM TRIAL PERIOD: MAY 7, 2018 @ 9:30 AM (2 Week Trial Period) NO CONTINUANCES will be granted without prior written motion and Order. BY ORDER OF THE COURT the following requirements are imposed on all parties: 1 REQUIREMENTS OF PRETRIAL ORDER CANNOT BE WAIVED BY STIPULATION. DISCOVERY must be completed no later than 90 days from the date of this Order. EXPERT WITNESSES names and addresses shall be disclosed by the Plaintiff no later than 30 days from the date of this Order. ai ECEVE DB 5 2017 AQ NYS) no later than 40 days from the date of this Order. No continuances will be granted because expert witnesses are unavailable for trial, because their testimony may be preserved by deposition. PRETRIAL STIPULATION REQUIREMENTS A JOINT PRETRIAL STIPULATION must be filed (a copy delivered to the Court) by all counsel of record no later than 100 days from the date of this Order. THE COURT DOES NOT ACCEPT UNILATERAL PRETRIAL STIPULATIONS. It is the responsibility of all parties to cooperate in good faith in preparation of the Joint Pretrial Stipulation. FAILURE TO COMPLY WITH THIS REQUIREMENT WILL RESULT IN SANCTIONS. Any Unilateral Pretrial Stipulation filed will be sua sponte STRICKEN and sanctions imposed on the party filing it. Failure to file a complete Joint Pretrial Stipulation, including witness lists, exhibit lists, jury instructions and verdict forms, will result in postponement of the trial, and/or sanctions including dismissal and/or default. If either party delays the preparation of the Joint Stipulation, a motion describing the delay must be immediately filed with the Clerk of Court and brought to the Court’s attention prior to the deadline. The Stipulation must be a single, unified submission and must contain the following information in separately numbered paragraphs or sections: a. Concise, impartial statement of the facts of case. b List of any stipulated facts requiring no proof at trial. Statement of disputed issues of law and fact to be tried. Exhibits shall be listed by number and specific description on a separate schedule attached to the stipulation. Generic descriptions of exhibits will be stricken. Any evidentiary objections to any exhibit of an opposing party shall be delineated with specificity. Witnesses’, including "rebuttal" or "impeachment" witnesses, names and addresses shall be listed by name numerically on a separate schedule attached to the stipulation. Witnesses MUST be listed by actual NAME of the witness, and not designation (i.e., use of such designations as “Corporate Representative,” “Records Custodian,” 2 and “Adjuster” standing alone is insufficient). All expert witnesses shall be so designated. Only those witnesses listed by NAME shall be permitted to testify at trial. Agreed jury instructions and disputed jury instructions must be filed as part of the pretrial stipulation. Disputed instructions shall be identified as to the party that proposed the instruction and copies of any statutory citations and/or case law pertaining to the proposed instructions. Agreed verdict form or disputed verdict forms must be filed as part of the pretrial stipulation. Failure to file a complete unified Pretrial Stipulation, including jury instructions and verdict forms, will result in sanctions including dismissal and/or default. At trial the parties shall be STRICTLY LIMITED to exhibits and witnesses disclosed and objections reserved in the pretrial stipulation. A party desiring to use an exhibit, examination or test result, or witness discovered after the deadlines set forth in this Order must immediately, upon discovery, notify all other counsel and the Court by written motion. Use of the exhibit, examination or test result, or witness may be allowed for good cause shown or to prevent manifest injustice. MEDIATION AND ARBITRATION Applicable if checked): MEDIATION: Simultaneously herewith, the parties are being referred to mandatory mediation, which shall be completed within 105 days of the date of this Order. (CG Applicable if checked): ARBITRATION: Simultaneously herewith, the parties are being referred to mandatory non-binding arbitration, which shall be completed within 120 days of the date of this Order. FAILURE TO MEDIATE OR ARBITRATE IN GOOD FAITH OR TO ATTEND THE PRETRIAL CONFERENCE MAY RESULT IN DISMISSAL OR DEFAULT. REQUIREMENTS RELATED TO PRETRIAL CONFERENCE IF A PRETRIAL CONFERENCE DATE HAS BEEN SET IN THIS ORDER ABOVE, THE FOLLOWING PROVISIONS WILL APPLY: 10. MOTIONS FOR SUMMARY JUDGMENT will NOT be heard at the pretrial conference or at the time of trial but, must be heard no later than ten (10) days prior to the pretrial conference. 11 Prior to the pretrial conference, the Court must have ruled on all motions previously filed, with the exception of motions in limine. In the absence of good cause for failure to set such motion for hearing, the motion is subject to being deemed waived. 12 Motions in Limine must be heard prior to the date of trial as set by the Court. 13 ALL DAUBERT related issues (Fla. Stat. §90.702) shall be noticed and heard — or agreed to by the parties — no later than two weeks before the pretrial conference. FAILURE TO DO SO SHALL CONSTITUTE A WAIVER AT TRIAL OR ANY DAUBERT RELATED EVIDENCE OBJECTION OR ISSUE. 14 ALL EXHIBITS MUST BE BROUGHT TO THE PRE-TRIAL CONFERENCE FOR PRE-MARKING. Any exhibit either party desires to use at trial exceeding four (4) pages in length must be consecutively paginated (by Bates-stamp method or otherwise). Any exhibit not meeting this requirement will not be allowed for use at trial. 15 At the time of the pretrial conference, the parties shall further be prepared to discuss all the items set forth in Fla. R. Civ. P. 1.200(b). DONE AND ORDERED in chambers, roward County, Florida on this 4" day of December, 2017. OREN! AYLOR B COUNTY COURT JUD Copies Furnished: Plaintiff Counsel — John Riordan, Esq... Defendant Counsel — Peter B. Weintraub, Esq. If you are a person with a disability who needs any accommodation in order to participate in 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 you are hearing or voice impaired, call 711.