Preview
Filing # 177576658 E-Filed 07/17/2023 03:20:44 PM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR OSCEOLA COUNTY, FLORIDA
ENEIDA TORRES,
Plaintiff Case No.: 2013-CA-2821
Vv.
THE FLORIDA DEPARTMENT
OF CHILDREN AND FAMILY
SERVICES,
Defendant
/
JOINT PRETRIAL STATEMENT
Plaintiff, ENEIDA TORRES, and Defendant, THE FLORIDA DEPARTMENT OF
CHILDREN AND FAMILY SERVICES, by and through their undersigned counsel hereby
submit the following joint pretrial statement:
1. STATEMENT OF THE CASE
This case involves allegations of retaliation and discrimination by the Plaintiff,
Eneida Torres, against her former employer, the Florida Department of Children
Families (“DCF”). Ms. Torres alleges that, during the course of her employment,
with DCF, she applied for additional positions within DCF, but was denied
consideration due to her age. Ms. Torres alleges that after submitting a claim of
discrimination on or about June 23, 2011, DCF retaliated against her in the terms
and conditions of her employment. Ms. Torres alleged damages for lost
compensation including lost pay and benefits and damages for emotional pain and
anguish.
DCF has denied all of the claims made by Ms. Torres and alleges that all of its
decisions with regard to Ms. Torres’ employment were made for legitimate, non-
discriminatory, and non-retaliatory reasons.
2. STIPULATIONS OF FACT
1 For all times material to this action, the Plaintiff Eneida Torres was over the age
of 40.
2 The Plaintiff filed a claim of discrimination against the Defendant on or about
June 23, 2011.
3 ISSUES OF FACT TO BE TRIED
Whether or not the Plaintiff engaged in a protected activity?
Whether or not the Defendant took any adverse employment action against the
Plaintiff?
Whether or not adverse employment action by the Defendant was taken for
legitimate, non-retaliatory reasons?
Whether or not the Plaintiff has attempted to mitigate her damages?
What, if any, damages is Plaintiff entitled to for lost wages?
What, if any, damages is Plaintiff entitled to for lost benefits?
What, if any, damages is Plaintiff entitled to for emotional pain and anquish?
If Plaintiff has failed to mitigate her damages, the amount by which her
damages should be reduced?
PRETRIAL ISSUES
The Defendant has scheduled a deposition of the Plaintiff for July 27, 2023. The
Plaintiff seeks a deposition of the Records Custodian of the DCF. The parties
request that the discovery deadline be extended solely for the completion of these
two depositions.
The parties also seek to mediate this matter and request that the mediation
deadline be extended by thirty (30) days.
WITNESS LISTS
The parties witness lists are attached as Composite Exhibit A
EXHIBIT LISTS
The parties exhibit lists are attached as Composite Exhibit B.
EVIDENTIARY STIPULATIONS
TBD
PREEMPTORY CHALLENGES
The parties request 3 preemptory challenges per party.
NUMBER OF JURORS REQUESTED
The parties request a pool of 30 jurors.
10.GOOD FAITH ESTIMATE OF TRIAL
The parties estimate that the trial of this matter will take 4-5 days.
11.CATEGORIES OF DAMAGES
Plaintiff seeks the following approximate damages:
Lost compensation: $240,000.00
Lost benefits: $100,000.00
Emotional Anguish: $100,000.00
12. DESIGNATION OF LEAD TRIAL COUNSEL
Jennifer K. Birmingham, Esq.
The Birmingham Law Firm, PA
1353 Palmetto Avenue, Suite 100
Winter Park, FL 32789
407-756-8254
Jennifer.Birmingham@icloud.com
For the Plaintiff
Derek Angell, Esq.
O'Connor, Haftel & Angell, PLLC
800 N. Magnolia Avenue, Suite 1350
Orlando, FL 32803
407-843-2100
dangell ohalaw.com
For the Defendant
13. OUTSTANDING MOTIONS
Not applicable
14.REQUESTS FOR JUDICIAL NOTICE
Not applicable
15. AGREED JURY INSTRUCTIONS
Agreed Jury Instructions and Verdict Form are attached as Composite Exhibit C.
16. DEMONSTRATIVE AIDS
Not applicable.
Submitted on this 17th day of July 2023.
/s/ Jennifer K. Birmingham /s/ Derek J. Angell
Jennifer K. Birmingham, Esq. Derek J. Angell, Esq.
FBN: 0526800 Florida Bar No.: 73449
The Birmingham Law Firm, PA dangell@ohalaw.com
1353 Palmetto Avenue, Suite 100 O'Connor, Haftel & Angell, PLLC
Winter Park, FL 32789 Civil Trials and Appeals
407-628-9081 800 N Magnolia Ave, Ste 1350
Jennifer.birmingham@icloud.com Orlando, Florida 32803
Attorneys for Plaintiff (407) 843-2100
(407) 843-2061
Attorney for Defendant
Filing # 177416469 E-Filed 07/14/2023 10:32:21 AM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR OSCEOLA COUNTY, FLORIDA
ENEIDA TORRES,
Plaintiff Case No.: 2013-CA-2821
Vv.
THE FLORIDA DEPARTMENT
OF CHILDREN AND FAMILY
SERVICES,
Defendant
/
PLAINTIFF’S WITNESS LIST
Plaintiff, ENEIDA TORRES, by and through her undersigned counsel hereby
submits her witness list as follows:
4
Eneida Torres, c/o Jennifer Birmingham, Esq.
2 Angela Escobar, c/o Jennifer Birmingham, Esq.
Poldy Santana c/o Jennifer Birmingham, Esq.
Loyola Bailey c/o Jennifer Birmingham, Esq.
Carmen Burruezo, c/o Jennifer Birmingham, Esq.
Maribel Lopez, c/o O'Connor, Haftel & Angell, PLLC
Evaristo Rosario, c/o O'Connor, Haftel & Angell, PLLC
Mickee Bonilla, c/o O'Connor, Haftel & Angell, PLLC
9 Cecile Belle, c/o O'Connor, Haftel & Angell, PLLC
10.Brunilda Davila, c/o O'Connor, Haftel & Angell, PLLC
11.Sadaris Cheatham, c/o O'Connor, Haftel & Angell, PLLC
12. Isiah Wilson, c/o O'Connor, Haftel & Angell, PLLC
EXHIBIT "A"
13.Ronald Bledsoe, c/o O'Connor, Haftel & Angell, PLLC
14. Jose Rojas, c/o O'Connor, Haftel & Angell, PLLC
15.Vickram Thakur, c/o O'Connor, Haftel & Angell, PLLC.
16.Records Custodian of Florida Department of Children and Family Services, c/o
O'Connor, Haftel & Angell, PLLC
17.Any and all witnesses listed by Defendant.
18.Any and all witnesses identified in discovery including depositions, answers to
interrogatories or in documents produced in this matter.
Plaintiff reserves a good faith right to further supplement or substitute witnesses
as necessary in this action.
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a true and correct copy of the foregoing was furnished
this 13" of July, 2023 by Electronic Mail via the Florida Courts E-Filing Portal to: Ronald
L. Harrop, Esquire at rharrop@ohalaw.com.
/s/ Jennifer K. Birmingham
Jennifer K. Birmingham, Esq.
FBN: 0526800
The Birmingham Law Firm, PA
1353 Palmetto Avenue, Suite 100
Winter Park, FL 32789
407-628-9081
Jennifer.birmingham@icloud.com
Attorneys for Plaintiffs
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR OSCEOLA COUNTY, FLORIDA
ENEDIA TORRES,
Plaintiff,
Vv CASE NUMBER: 2013-CA-2821-CI
THE FLORIDA DEPARTMENT OF
CHILDREN AND FAMILY SERVICES,
Defendant.
/
DEFENDANT S WITNESS LIST
COMES NOW the Defendant, THE FLORIDA DEPARTMENT OF CHILDREN AND
FAMILY SERVICES, by and through its undersigned counsel, and hereby submits its Witness
List and states:
1 Eneida Torres, c/o Jennifer Birmingham, Esquire.
Maribel Lopez, c/o O’Connor & O’Connor, LLC.
Evaristo Rosario, c/o O’Connor & O’Connor, LLC.
Mickee Bonilla, c/o O’Connor & O’Connor, LLC.
Cecile Belle, c/o O’Connor & O’Connor, LLC.
Brunilda Davila, c/o O’Connor & O’Connor, LLC.
Sadaris Cheatham, c/o O’Connor & O’Connor, LLC.
Isiah Wilson, c/o O’Connor & O’Connor, LLC.
9 Ronald Bledsoe, c/o O’Connor & O’Connor, LLC.
10. Jose Rojas, c/o O’Connor & O’Connor, LLC.
11. Vickram Thakur, c/o O’Connor & O’Connor, LLC.
EXHIBIT "A"
12. Records Custodian, Florida Department of Children and Family Services, c/o
O’Connor & O’Connor, LLC.
13. Any and all witnesses listed by the Plaintiff.
14. Any and all witnesses listed in any answers to interrogatories or mentioned in
documents produced pursuant to requests for production.
Defendant reserves the right to further supplement or substitute witnesses as necessary in
this action.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished by
Electronic Mail via the Florida Courts E-Filing Portal to: Jennifer K. Birmingham, Esquire, The
Birmingham Law Firm, P.A., 1353 Palmetto Dr., Ste. 100, Winter Park, FL 32789, at
jennifer.birmingham@icloud.com, on this Sth day of June, 2023.
RONALD L. HARROP.
RONALD L. HARROP, ESQUIRE
Florida Bar Number: 260584
rharrop@oconlaw.com
O'CONNOR & O'CONNOR, LLC
800 North Magnolia Avenue, Ste 1350
Orlando, FL 32803
(407) 843-2100
(407) 843-2061 Facsimile
Attorneys for Defendant The Florida Department of
Children and Family Services
Filing # 177416469 E-Filed 07/14/2023 10:32:21 AM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR OSCEOLA COUNTY, FLORIDA
ENEIDA TORRES,
Plaintiff Case No.: 2013-CA-2821
Vv.
THE FLORIDA DEPARTMENT
OF CHILDREN AND FAMILY
SERVICES,
Defendant
/
PLAINTIFF’S EXHIBIT LIST
Plaintiff, ENEIDA TORRES, by and through her undersigned counsel hereby
submits her exhibit list as follows:
4
Employee Complaint of Discrimination with FCHR Case No. 201200799.
2 Any and all documents submitted by Eneida Torres to the State of Florida,
Division of Administrative Hearings in Case No: Case No: 12-002615
Any and all documents filed with the Florida Commission of Human Relations
(FCHR) for FCHR Case No. 201200799.
Any reports and recommendations by investigators of FCHR in FCHR Case
No. 201200799.
Any and all determinations by FCHR in FCHR Case No. 201200799.
Any and all email correspondence between Eneida Torres and representatives
or employees of the Florida Department of Children and Family Services.
EXHIBIT "B"
Any and all written correspondence between Eneida Torres and and
representatives or employees of the Florida Department of Children and Family
Services.
Any and all Answers to Interrogatories made by the parties in this action.
Any and all depositions transcripts (and any exhibits attached thereto) taken in
this action.
10. Any and all documents produced in response to Requests for Production in this
action.
11.Social Security Statement of Eneida Torres dated October 25, 2021.
12. Any and all records associated with Eneida Torres application or interview for
Position 60047216(Child Protective Investigator) with the Department of
Children and Family Services.
13. Any and all written criteria for Position 60047216(Child Protective Investigator)
with the Department of Children and Family Services.
14. Any and all records associated with Eneida Torres application or interview for
Position 60020800 (Adult Protective Investigator) with the Department of
Children and Family Services.
15. Any and all written criteria for Position 60020800 (Adult Protective Investigator)
with the Department of Children and Family Services.
16. Any and all records associated with Eneida Torres application or interview for
Position 60025168 (Adult Protective Investigator) with the Department of
Children and Family Services.
17.Any and all written criteria for Position 60025168 (Adult Protective Investigator)
with the Department of Children and Family Services.
18.Any and all medical records of Eneida Torres produced in discovery.
19.Any and all records and the complete personnel file of Eneida Torres.
20.All exhibits listed by Defendant in this action.
Plaintiff reserves a good faith right to further supplement this exhibit list as
necessary in this action.
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a true and correct copy of the foregoing was furnished
this 13" of July, 2023 by Electronic Mail via the Florida Courts E-Filing Portal to: Ronald
L. Harrop, Esquire at rharrop@ohalaw.com.
/s/ Jennifer K. Birmingham
Jennifer K. Birmingham, Esq.
FBN: 0526800
The Birmingham Law Firm, PA
1353 Palmetto Avenue, Suite 100
Winter Park, FL 32789
407-628-9081
Jennifer.birmingham@icloud.com
Attorneys for Plaintiffs
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR OSCEOLA COUNTY, FLORIDA
ENEDIA TORRES,
Plaintiff,
v CASE NUMBER: 2013-CA-2821-CI
THE FLORIDA DEPARTMENT OF
CHILDREN AND FAMILY SERVICES,
Defendant.
/
DEFENDANT S SCHEDULE OF TRIAL EXHIBITS
COMES NOW the Defendant, THE FLORIDA DEPARTMENT OF CHILDREN AND
FAMILY SERVICES ( DCF ), by and through its undersigned counsel, and hereby submits its
Schedule of Trial Exhibits and states:
1 Eneida Torres’ complete DCF human resources/personnel file.
2 Any and all documents submitted by Eneida Torres to the Florida Commission on
Human Relations ( FCHR ).
3 Any and all documents generated by the FCHR in connection with its investigation
of Eneida Torres’ complaint(s) of discrimination/retaliation.
4 Any and all electronic mail correspondence and written correspondence between
the parties to this action.
5 Any and all Answers to Interrogatories by any party to this action.
6. Any and all transcripts of depositions (and deposition exhibits) taken in this action.
Any and all documents or tangible items produced by any party to this action.
Any and all exhibits listed by Plaintiff in this action.
EXHIBIT "B"
Defendant reserves the right to further supplement or substitute exhibits as necessary in
this action.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished by
Electronic Mail via the Florida Courts E-Filing Portal to: Jennifer K. Birmingham, Esquire, The
Birmingham Law Firm, P.A., 1353 Palmetto Dr., Ste. 100, Winter Park, FL 32789, at
jennifer.birmingham@icloud.com, on this Sth day of June, 2023.
RONALD L. HARROP.
RONALD L. HARROP, ESQUIRE
Florida Bar Number: 260584
rharrop@oconlaw.com
O'CONNOR & O'CONNOR, LLC
800 North Magnolia Avenue, Ste 1350
Orlando, FL 32803
(407) 843-2100
(407) 843-2061 Facsimile
Attorneys for Defendant The Florida Department of
Children and Family Services
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR OSCEOLA COUNTY, FLORIDA.
ENEDIA TORRES,
Plaintiff,
Vv CASE NO.: 2013-CA-
2821-CI
THE FLORIDA DEPARTMENT OF
CHILDREN AND FAMILY SERVICES,
Defendant.
DEFENDANT’S PROPOSED JURY INSTRUCTIONS
EXHIBIT "C"
QUALIFICATIONS INSTRUCTION
Many of you have electronic devices such as cell phones, smartphones,
tablets, and laptops. Even though you have not yet been selected as a juror, there
are some strict rules that you must follow about electronic devices.
When you are called to a courtroom, the judge will give you specific
instructions on the use of electronic devices. These rules are so important that the
judge may tell you that you must turn off your cell phone or other electronic devices
completely or that you cannot have your cell phone or electronic devices in the
courtroom. If someone needs to contact you in case of an emergency, the judge will
provide you with a phone number where you can receive messages.
If the trial judge allows you to keep your cell phones, computers, or other
electronic devices, you cannot use them to take photographs, video recordings, or
audio recordings of the proceedings in the courtroom or your fellow jurors, You
must not use them to search the Internet or to find out anything related to any cases
in the courthouse.
Why is this restriction imposed? This restriction is imposed because jurors
must decide the case without distraction and only on the evidence presented in the
courtroom. I know that, for some of you, these restrictions affect your normal daily
activities and may require a change in the way you are used to communicating and
pethaps even in the way you are used to learning.
If you investigate, research, or make inquiries on your own, the trial judge has
no way to make sure that the information you obtain is proper for the case. The
parties likewise have no opportunity to dispute or challenge the accuracy of what
you find, Any independent investigation by a juror unfairly and improperly prevents
the parties from having that opportunity our judicial system promises.
Between now and when you have been discharged from jury duty by the
judge, you must not discuss any information about your jury service with anyone,
including friends, co-workers, and family members. You may tell those who need to
know where you are that you have been called for jury duty. If you are picked for a
jury, you may tell people that you have been picked for a jury and how long the case
may take. However, you must not give anyone any information about the case itself
or the people involved in the case. You must also warn people not to try to say
anything to you or write to you about your jury service or the case. This includes
face-to-face, phone or computer communications.
I want to stress that you must not use electronic devices or computers to talk
about this case, including tweeting, texting, blogging, e-mailing, posting information
on a website or chat room, or any other means at all. Do not send or accept any
messages, including e-mail and text messages, about your jury service. You must
not disclose your thoughts about your jury service or ask for advice on how to decide
any case.
The judge will tell you when you are released from this instruction.
Remember, these rules are designed to guarantee a fair trial. It is important that you
understand the rules as well as the impact on our system of justice if you fail to
follow them. If it is determined that any one of you has violated this rule, and
conducted any type of independent research or investigation, it may result in a
mistrial, A mistrial would require the case to be tried again at great expense to the
parties and the judicial system. The judge may also impose a penalty upon any juror
who violates this instruction. All of us are depending on you to follow these rules,
so that there will be a fair and lawful resolution of every case.
201.2 INTRODUCTION OF PARTICIPANTS AND THEIR ROLES
Judge/Court: I am the judge. You may hear people occasionally refer to me
as “the Court.” That is the formal name for my role. My job is to maintain order
and decide how to apply the rules of the law to the trial. I will also explain various
rules to you that you will need to know in order to do your job as the jury. It is my
job to remain neutral on the issues of this lawsuit.
Parties: A party who files a lawsuit is called the Plaintiff. A party that is sued
is called the Defendant.
Attorneys: The attorneys to whom I will introduce you have the job of
representing their clients. That is, they speak for their clients here at the trial. They
have taken oaths as attorneys to do their best and to follow the rules of their
profession.
Plaintiff's Counsel: The attorney on this side of the courtroom, JENNIFER
BIRMINGHAM, is the person who filed the lawsuit here at the courthouse. Her job
is to present her client’s side of things to you. She and her client will be referred to
most of the time as “the plaintiff’,
Defendant’s Counsel: The attorney on this side of the courtroom, DEREK
ANGELL, represents the party being sued. His job is to present Defendant’s side of
things to you. He and his client will be referred to here as “the defendant.”
Court Clerk: This person sitting in front of me, is the
court clerk. [He] [She] is here to assist me with some of the mechanics of the trial
process, including the numbering and collection of the exhibits that are introduced
in the course of the trial.
Court Reporter: The person sitting at the stenographic machine,
is the court reporter. [His] [Her] job is to keep an accurate legal
record of everything we say and do during this trial.
Court Deputy/Bailiff: The person over there, is the Court
Deputy/Bailiff. [His] [Her] job is to maintain order and security in the courtroom.
The Court Deputy is also my representative to the jury. Anything you need or any
problems come up for you during the course of the trial should be brought to [him]
[her]. However, the Court Deputy/Bailiff cannot answer any of your questions about
the case. Only I can do that.
Jury: Last, but not least, is the jury, which we will begin to select in the a few
moments from among all of you. The jury’s job will be to decide what the fact are
and what the facts mean. Jurors should be as neutral as possible at this point and
have no fixed opinion about the lawsuit. At the end of the trial the jury will give me
a written verdict. A verdict is simply the jury’s answer to my questions about the
case.
In order to have a fair and lawful trial, there are rules that all jurors must
follow. A basic rule is that jurors must decide the case only on the evidence presented
in the courtroom. You must not communicate with anyone, including friends and
family members, about this case, the people and places involved, or your jury
service. You must not disclose your thoughts about this case or ask for advice on
how to decide this case.
I want to stress that this rule means you must not use electronic devices or
computers to communicate about this case, including tweeting, texting, blogging, e-
mailing, posting information on a website or chat room, or any other means at all.
Do not send or accept any messages to or from anyone about this case or your jury
service.
You must not do any research or look up words, names, [maps], or anything
else that may have anything to do with this case. This includes reading newspapers,
watching television or using a computer, cell phone, the Internet, any electronic
device, or any other means at all, to get information related to this case or the people
and places involved in this case. This applies whether you are in the courthouse, at
home, or anywhere else.
Many of you may have cell phones, tablets, laptops, or other electronic
devices with you here in the courtroom.**
**The trial judge should select one of the following two alternative
instructions explaining the rules governing jurors’ use of electronic devices,
as explained in Note on Use I.
Alternative A; {All cell phones, computers, tablets, or other types of electronic
devices must be turned off while you are in the courtroom. Turned off means that
the phone or other electronic device is actually off and not in a silent or vibrating
mode. You may use these devices during recesses, but even then you may not use
your cell phone or electronic device to find out any information about the case or
communicate with anyone about the case or the people involved in the case, Do not
take photographs, video recordings, or audio recordings of the proceedings or of
your fellow jurors. After each recess, please double check to make sure your cell
phone or electronic device is turned off. At the end of the case, while you are
deliberating, you must not communicate with anyone outside the jury room. You
cannot have in the jury room any cell phones, computers, or other electronic devices.
If someone needs to contact you in an emergency, the court can receive messages
and deliver them to you without delay. A contact phone number will be provided to
you.]
Alternative B: [You cannot have any cell phones, tablets, laptops, or other
electronic devices in the courtroom. You may use these devices during recesses, but
even then you may not use your cell phone or electronic device to find out any
information about the case or communicate with anyone about the case or the people
involved in the case. Do not take photographs, video recordings, or audio recordings
of the proceedings or your fellow jurors. At the end of the case, while you are
deliberating, you must not communicate with anyone outside the jury room, If
someone needs to contact you in an emergency, the court can receive messages and
deliver them to you without delay. A contact phone number will be provided to
you.]
What are the reasons for these rules? These rules are imposed because jurors
must decide the case without distraction and only on the evidence presented in the
courtroom. If you investigate, research, or make inquiries on your own outside of
the courtroom, the trial judge has no way to make sure that the information you
obtain is proper for the case. The parties likewise have no opportunity to dispute or
challenge the accuracy of what you find. That is contrary to our judicial system,
which assures every party the right to ask questions about and challenge the evidence
being considered against it and to present argument with respect to that evidence.
Any independent investigation by a juror unfairly and improperly prevents the
patties from having that opportunity our judicial system promises.
Any juror who violates these restrictions jeopardizes the fairness of these
proceedings, and a mistrial could result that would require the entire trial process to
start over. A mistrial is a tremendous expense and inconvenience to the parties, the
court, and the taxpayers. If you violate these rules, you may be held in contempt of
court, and face sanctions, such as serving time in jail, paying a fine, or both.
All of your communications with courtroom personnel, or me, will be part of
the record of these proceedings. That means those communications shall either be
made in open court with the court reporter present or, if they are in writing, the
writing will be filed with the court clerk. I have instructed the courtroom personnel
that any communications you have with them outside of my presence must be
reported to me, and I will tell the parties [and their attorneys] about any
communication from you that I believe may be of interest io the parties [and their
attorneys].
However, you may communicate directly with courtroom personnel about
matters concerning your comfort and safety, such as [juror parking] [location of
break areas] [how and when to assemble for duty] [dress] [what personal items can
be brought into the courthouse or jury room] [list any other types of routine ex parte
communications permitted].
If you become aware of any violation of these instructions or any other
instruction I give in this case, you must tell me by giving a note to the bailiff.
201.3 EXPLANATION OF THE VOIR DIRE PROCESS
Voir Dire:
The last thing I want to do, before we begin to select the jury, is to explain to
you how the selection process works.
Questions/Challenges: This is the part of the case where the parties and their
lawyers have the opportunity to get to know a little bit about you, in order to help
them come to their own conclusions about your ability to be fair and impartial, so
they can decide who they think should be the jurors in this case.
How we go about that is as follows: First, Ill ask some general questions of
you. Then, each of the lawyers will have more specific questions that they will ask
of you. After they have asked all of their questions, I will meet with them and they
will tell me their choices for jurors, Each side can ask that I exclude a person from
serving on a jury if they can give me a reason to believe that he or she might be
unable to be fair and impartial. That is what is called a challenge for cause. The
lawyers also have a certain number of what are called peremptory challenges, by
which they may exclude a person from the jury without giving a reason. By this
process of elimination, the remaining persons are selected as the jury. It may take
more than one conference among the parties, their attorneys, and me before the final
selections are made.
Purpose of Questioning: The questions that you will be asked during this
process are not intended to embarrass you or unnecessarily pry into your personal
affairs, but it is important that the parties and their attorneys know enough about you
to make this important decision. If a question is asked that you would prefer not to
answer in front of the whole courtroom, just let me know and you can come up here
and give your answer just in front of the attorneys and me. If you have a question of
either the attorneys or me, don’t hesitate to let me know.
Response to Questioning: There are no right or wrong answers to the questions
that will be asked of you. The only thing that I ask is that you answer the questions
as frankly and as honestly and as completely as you can. You [will take] [have taken]
an oath to answer all questions truthfully and completely and you must do so.
Remaining silent when you have information you should disclose is a violation of
that oath as well. If a juror violates this oath, it not only may result in having to try
the case all over again but also can result in civil and criminal penalties against a
juror personally. So, again, it is very important that you be as honest and complete
with your answers as you possibly can. If you don’t understand the question, please
raise your hand and ask for an explanation or clarification.
In sum, this is a process to assist the parties and their attorneys to select a fair
and impartial jury. All of the questions they ask you are for this purpose. If, for any
reason, you do not think you can be a fair and impartial juror, you must tell us.
202.1 INTRODUCTION
Administer oath:
You have now taken an oath to serve as jurors in this trial. Before we begin, I
am going to tell you about the rules of law that apply to this case and let you know
what you can expect as the trial proceeds.
It is my intention to give you some of the rules of law but it might be that I will
not know for sure all of the law that will apply in this case until all of the evidence
is presented. However, I can anticipate most of the law and give it to you at the
beginning of the trial so that you will better understand what to be looking for while
the evidence is presented. If I later decide that different or additional law applies to
the case, I will tell you. In any event, at the end of the evidence I will give you the
final instructions on which you must base your verdict. At that time, you will have
a complete written set of the instructions so you do not have to memorize what I am
about to tell you.
202.2 EXPLANATION OF THE TRIAL PROCEDURE
Now that you have heard the law, I want to let you know what you can expect
as the trial proceeds.
Opening Statements: In a few moments, the attorneys will cach have a chance
to make what are called opening statements. In an opening statement, an attorney is
allowed to give you [his] [her] views about what the evidence will be in the trial and
what you are likely to see and hear in the testimony.
Evidentiary Phase: After the attorneys’ opening statements the plaintiffs will
bring their witnesses and evidence to you.
Evidence: Evidence is the information that the law allows you to see or hear
in deciding this case. Evidence includes the testimony of the witnesses, documents,
and anything else that I instruct you to consider.
Witnesses: A witness is a person who takes an oath to tell the truth and then
answers attorneys’ questions for the jury. The answering of attorneys’ questions by
witnesses is called “giving testimony.” Testimony means statements that are made
when someone has sworn an oath to tell the truth.
The plaintiff’s lawyer will normally ask a witness the questions first. That is
called direct examination. Then the defense lawyer may ask the same witness
additional questions about whatever the witness has testified to. That is called cross-
examination. Certain documents or other evidence may also be shown to you during
direct or cross-examination. After the plaintiff's witnesses have testified, the
defendant will have the opportunity to put witnesses on the stand and go through the
same process. Then the plaintiff's lawyer gets to do cross-examination. The process
is designed to be fair to both sides.
It is important that you remember that testimony comes from witnesses. The
attorneys do not give testimony and they are not themselves witnesses.
Objections: Sometimes the attorneys will disagree about the rules for trial
procedure when a question is asked of a witness. When that happens, one of the
lawyers may make what is called an “objection.” The rules for a trial can be
complicated, and there are many reasons for attorneys to object. You should simply
wait for me to decide how to proceed. If I say that an objection is “sustained,” that
means the witness may not answer the question. If I say that the objection is
“overruled,” that means the witness may answer the question.
When there is an objection and I make a decision, you must not assume from
that decision that I have any particular opinion other than that the rules for
conducting a trial are being correctly followed. If I say a question may not be asked
or answered, you must not try to guess what the answer would have been. That is
against the rules, too.
Side Bar Conferences: Sometimes I will need to speak to the attorneys about
legal elements of the case that are not appropriate for the jury to hear. The attorneys
and I will try to have as few of these conferences as possible while you are giving
us your valuable time in the courtroom. But, if we do have to have such a conference
during testimony, we will try to hold the conference at the side of my desk so that
we do not have to take a break and ask you to leave the courtroom.
Recesses: Breaks in an ongoing trial are usually called “recesses.” During a
recess you still have your duties as a juror and must follow the rules, even while
having coffee, at lunch, or at home.
Instructions Before Closing Arguments: After all the evidence has been
presented to you, I will instruct you in the law that you must follow. It is important
that you remember these instructions to assist you in evaluating the final attorney
presentations, which come next, and, later, during your deliberations, to help you
correctly sort through the evidence to reach your decision.
Closing Arguments: The attorneys will then have the opportunity to make
their final presentations to you, which are called closing arguments.
Final Instructions: After you have heard the closing arguments, I will instruct
you further in the law as well as explain to you the procedures you must follow to
decide the case.
Deliberations: After you hear the final jury instructions, you will go to the jury
room and discuss and decide the questions I have put on your verdict form. [You
will have a copy of the jury instructions to use during your discussions.] The
discussions you have and the decisions you make are usually called “jury
deliberations.” Your deliberations are absolutely private and neither I nor anyone
else will be with you in the jury room.
Verdict: When you have finished answering the questions, you will give the
verdict form to the bailiff, and we will all return to the courtroom where your verdict
will be read. When that is completed, you will be released from your assignment as
a juror.
What are the rules?
Finally, before we begin the trial, I want to give you just a brief explanation
of rules you must follow as the case proceeds.
Keeping an Open Mind: You must pay close attention to the testimony and
other evidence as it comes into the trial, However, you must avoid forming any final
opinion or telling anyone else your views on the case until you begin your
deliberations. This rule requires you to keep an open mind until you have heard all
of the evidence and is designed to prevent you from influencing how your fellow
jurors think until they have heard all of the evidence and had an opportunity to form
their own opinions. The time and place for coming to your final opinions and
speaking about them with your fellow jurors is during deliberations in the jury room,
after all of the evidence has been presented, closing arguments have been made, and
Thave instructed you on the law. It is important that you hear all of the facts and that
you hear the law and how to apply it before you start deciding anything.
Consider Only the Evidence: It is the things you hear and see in this courtroom
that matter in this trial. The law tells us that a juror can consider only the testimony
and other evidence that all the other jurors have also heard and seen in the presence
of the judge and the lawyers. Doing anything else is wrong and is against the law.
That means that you must not do any work or investigation of your own about the
case. You must not obtain on your own any information about the case or about
anyone involved in the case, from any source whatsoever. This includes reading
newspapers, watching television or using a computer, cell phone, the Internet, any
electronic device, or any other means at all, to get information related to this case or
the people and places involved in this case. This applies whether you are in the
courthouse, at home, or anywhere else, You must not visit places mentioned in the
trial or use the internet to look at maps or pictures to sce any place discussed during
trial.
Do not provide any information about this case to anyone, including friends
or family members. Do not let anyone, including the closest family members, make
comments to you or ask questions about the trial. Jurors must not have discussions
of any sort with friends or family members about the case or the people and places
involved. So, do not let even the closest family members make comments to you or
ask questions about the trial. In this age of electronic communication, I want to stress
again that just as you must not talk about this case face-to-face, you must not talk
about this case by using an electronic device. You must not use phones, computers
or other electronic devices to communicate. Do not send or accept any messages
related to this case or your jury service. Do not discuss this case or ask for advice by
any means at all, including posting information on an Internet website, chat room or
blog.
No Mid-Trial Discussions: When we are in a recess, do not discuss anything
about the trial or the case with each other or with anyone else. If attorneys approach
you, don’t speak with them. The law says they are to avoid contact with you. If an
attorney will not look at you or speak to you, do not be offended or form a conclusion
about that behavior. The attorney is not supposed to interact with jurors outside of
the courtroom and is only following the rules. The attorney is not being impolite. If
an attorney or anyone else does try to speak with you or says something about the
case in your presence, please inform the bailiff immediately.
Only the Jury Decides: Only you get to deliberate and answer the verdict
questions at the end of the trial. I will not intrude into your deliberations at all. Tam
required to be neutral. You should not assume that I prefer one decision over another.
You should not try to guess what my opinion is about any part of the case. It would
be wrong for you to conclude that anything I say or do means that I am for one side
or another in the trial. Discussing and deciding the facts is your job alone.
202.3 NOTE-TAKING BY JURORS
If you would like to take notes during the trial, you may do so. On the other
hand, of course, you are not required to take notes if you do not want to. That will
be left up to you individually.
You will be provided with a note pad and a pen for use if you wish to take
notes. Any notes that you take will be for your personal use. However, you should
not take them with you from the courtroom. During recesses, the bailiff will take
possession of your notes and will return them to you when we reconvene. After you
have completed your deliberations, the bailiff will deliver your notes to me. They
will be destroyed. No one will ever read your notes.
If you take notes, do not get so involved in note-taking that you become
distracted from the proceedings. Your notes should be used only as aids to your
memory.
Whether or not you take notes, you should rely on your memory of the evidence
and you should not be unduly influenced by the notes of other jurors, Notes are not
entitled to any greater weight than each juror’s memory of the evidence.
202.4 JUROR QUESTIONS
Questions for the court or courtroom personnel:
During the trial, you may have a question about these proceedings. If so,
please write it down and hand it to the bailiff, who will then hand it to me. I will
review your question with the parties [and their attorneys] before responding.
Questions for witnesses:
You also may have a question you think should be asked of a witness. If so,
there is a way for you to request that I ask the witness a question. After all the
attorneys have completed their questioning of the witness, you should raise your
hand if you have a question. I will then give you sufficient time to write the question
on a piece of paper, fold it, and give it to the bailiff, who will pass it to me. Do not
put your name on the question, show it to anyone or discuss it with anyone.
It is important to know that if you have a question you believe should be asked
ofa witness, you must raise your hand and request that I ask the witness the question
before the witness leaves the witness stand. You will not have an opportunity to ask
the witness a question once the witness leaves the courtroom. I will then review the
question with the attorneys. Under our law, only certain evidence may be considered
by ajury in determining a verdict. You are bound by the same rules of evidence that
control the attorneys’ questions. If I decide that the question may not be asked under
our rules of evidence, I will tell you. Otherwise, I will direct the question to the
witness. The attorneys may then ask follow-up questions if they wish. If there are
additional questions from jurors, we will follow the same procedure again.
By providing this procedure, I do not mean to suggest that you must or should
submit written questions for witnesses. In most cases, the lawyers will have asked
the necessary questions.
201.1 DESCRIPTION OF THE CASE
This is a civil trial. A civil trial is different from a criminal case, where
a defendant is chargedby the state prosecutor with committing a crime. The
subject of a civil trial is a disagreement between people or companies,
where the claims of one or more of theseparties have been brought to court
to be resolved. It is called “a trial of a lawsuit.”
This is a claim for employment discrimination brought by the Plaintiff,
ENEIDA TORRES. ENEIDA TORRES claims that her employer,
Defendant, THE FLORIDA DEPARTMENT OF CHILDREN AND
FAMILY SERVICES, unlawfully retaliated against her by failing to
promote her and refusing to rescind her resignation because she filed a
charge of discrimination against her employer. Defendant denies that it took
adverse employment action against Plaintiff based on her protected activity.
Defendant further disputes the nature and extent of Plaintiff’s claimed
damages.
401.2 SUMMARY OF CLAIMS (PRE-EVIDENCE)
The claims, in this case, are as follows. Plaintiff claims that Defendant
retaliated against her by taking adverse employment action based on her engaging
in protected activity, to wit: filing a charge of discrimination with the Florida
Commission on Human Relations.
The Plai
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Filing # 177576658 E-Filed 07/17/2023 03:20:44 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA ENEIDA TORRES, Plaintiff Case No.: 2013-CA-2821 Vv. THE FLORIDA DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Defendant / JOINT PRETRIAL STATEMENT Plaintiff, ENEIDA TORRES, and Defendant, THE FLORIDA DEPARTMENT OF CHILDREN AND FAMILY SERVICES, by and through their undersigned counsel hereby submit the following joint pretrial statement: 1. STATEMENT OF THE CASE This case involves allegations of retaliation and discrimination by the Plaintiff, Eneida Torres, against her former employer, the Florida Department of Children Families (“DCF”). Ms. Torres alleges that, during the course of her employment, with DCF, she applied for additional positions within DCF, but was denied consideration due to her age. Ms. Torres alleges that after submitting a claim of discrimination on or about June 23, 2011, DCF retaliated against her in the terms and conditions of her employment. Ms. Torres alleged damages for lost compensation including lost pay and benefits and damages for emotional pain and anguish. DCF has denied all of the claims made by Ms. Torres and alleges that all of its decisions with regard to Ms. Torres’ employment were made for legitimate, non- discriminatory, and non-retaliatory reasons. 2. STIPULATIONS OF FACT 1 For all times material to this action, the Plaintiff Eneida Torres was over the age of 40. 2 The Plaintiff filed a claim of discrimination against the Defendant on or about June 23, 2011. 3 ISSUES OF FACT TO BE TRIED Whether or not the Plaintiff engaged in a protected activity? Whether or not the Defendant took any adverse employment action against the Plaintiff? Whether or not adverse employment action by the Defendant was taken for legitimate, non-retaliatory reasons? Whether or not the Plaintiff has attempted to mitigate her damages? What, if any, damages is Plaintiff entitled to for lost wages? What, if any, damages is Plaintiff entitled to for lost benefits? What, if any, damages is Plaintiff entitled to for emotional pain and anquish? If Plaintiff has failed to mitigate her damages, the amount by which her damages should be reduced? PRETRIAL ISSUES The Defendant has scheduled a deposition of the Plaintiff for July 27, 2023. The Plaintiff seeks a deposition of the Records Custodian of the DCF. The parties request that the discovery deadline be extended solely for the completion of these two depositions. The parties also seek to mediate this matter and request that the mediation deadline be extended by thirty (30) days. WITNESS LISTS The parties witness lists are attached as Composite Exhibit A EXHIBIT LISTS The parties exhibit lists are attached as Composite Exhibit B. EVIDENTIARY STIPULATIONS TBD PREEMPTORY CHALLENGES The parties request 3 preemptory challenges per party. NUMBER OF JURORS REQUESTED The parties request a pool of 30 jurors. 10.GOOD FAITH ESTIMATE OF TRIAL The parties estimate that the trial of this matter will take 4-5 days. 11.CATEGORIES OF DAMAGES Plaintiff seeks the following approximate damages: Lost compensation: $240,000.00 Lost benefits: $100,000.00 Emotional Anguish: $100,000.00 12. DESIGNATION OF LEAD TRIAL COUNSEL Jennifer K. Birmingham, Esq. The Birmingham Law Firm, PA 1353 Palmetto Avenue, Suite 100 Winter Park, FL 32789 407-756-8254 Jennifer.Birmingham@icloud.com For the Plaintiff Derek Angell, Esq. O'Connor, Haftel & Angell, PLLC 800 N. Magnolia Avenue, Suite 1350 Orlando, FL 32803 407-843-2100 dangell ohalaw.com For the Defendant 13. OUTSTANDING MOTIONS Not applicable 14.REQUESTS FOR JUDICIAL NOTICE Not applicable 15. AGREED JURY INSTRUCTIONS Agreed Jury Instructions and Verdict Form are attached as Composite Exhibit C. 16. DEMONSTRATIVE AIDS Not applicable. Submitted on this 17th day of July 2023. /s/ Jennifer K. Birmingham /s/ Derek J. Angell Jennifer K. Birmingham, Esq. Derek J. Angell, Esq. FBN: 0526800 Florida Bar No.: 73449 The Birmingham Law Firm, PA dangell@ohalaw.com 1353 Palmetto Avenue, Suite 100 O'Connor, Haftel & Angell, PLLC Winter Park, FL 32789 Civil Trials and Appeals 407-628-9081 800 N Magnolia Ave, Ste 1350 Jennifer.birmingham@icloud.com Orlando, Florida 32803 Attorneys for Plaintiff (407) 843-2100 (407) 843-2061 Attorney for Defendant Filing # 177416469 E-Filed 07/14/2023 10:32:21 AM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA ENEIDA TORRES, Plaintiff Case No.: 2013-CA-2821 Vv. THE FLORIDA DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Defendant / PLAINTIFF’S WITNESS LIST Plaintiff, ENEIDA TORRES, by and through her undersigned counsel hereby submits her witness list as follows: 4 Eneida Torres, c/o Jennifer Birmingham, Esq. 2 Angela Escobar, c/o Jennifer Birmingham, Esq. Poldy Santana c/o Jennifer Birmingham, Esq. Loyola Bailey c/o Jennifer Birmingham, Esq. Carmen Burruezo, c/o Jennifer Birmingham, Esq. Maribel Lopez, c/o O'Connor, Haftel & Angell, PLLC Evaristo Rosario, c/o O'Connor, Haftel & Angell, PLLC Mickee Bonilla, c/o O'Connor, Haftel & Angell, PLLC 9 Cecile Belle, c/o O'Connor, Haftel & Angell, PLLC 10.Brunilda Davila, c/o O'Connor, Haftel & Angell, PLLC 11.Sadaris Cheatham, c/o O'Connor, Haftel & Angell, PLLC 12. Isiah Wilson, c/o O'Connor, Haftel & Angell, PLLC EXHIBIT "A" 13.Ronald Bledsoe, c/o O'Connor, Haftel & Angell, PLLC 14. Jose Rojas, c/o O'Connor, Haftel & Angell, PLLC 15.Vickram Thakur, c/o O'Connor, Haftel & Angell, PLLC. 16.Records Custodian of Florida Department of Children and Family Services, c/o O'Connor, Haftel & Angell, PLLC 17.Any and all witnesses listed by Defendant. 18.Any and all witnesses identified in discovery including depositions, answers to interrogatories or in documents produced in this matter. Plaintiff reserves a good faith right to further supplement or substitute witnesses as necessary in this action. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing was furnished this 13" of July, 2023 by Electronic Mail via the Florida Courts E-Filing Portal to: Ronald L. Harrop, Esquire at rharrop@ohalaw.com. /s/ Jennifer K. Birmingham Jennifer K. Birmingham, Esq. FBN: 0526800 The Birmingham Law Firm, PA 1353 Palmetto Avenue, Suite 100 Winter Park, FL 32789 407-628-9081 Jennifer.birmingham@icloud.com Attorneys for Plaintiffs IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA ENEDIA TORRES, Plaintiff, Vv CASE NUMBER: 2013-CA-2821-CI THE FLORIDA DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Defendant. / DEFENDANT S WITNESS LIST COMES NOW the Defendant, THE FLORIDA DEPARTMENT OF CHILDREN AND FAMILY SERVICES, by and through its undersigned counsel, and hereby submits its Witness List and states: 1 Eneida Torres, c/o Jennifer Birmingham, Esquire. Maribel Lopez, c/o O’Connor & O’Connor, LLC. Evaristo Rosario, c/o O’Connor & O’Connor, LLC. Mickee Bonilla, c/o O’Connor & O’Connor, LLC. Cecile Belle, c/o O’Connor & O’Connor, LLC. Brunilda Davila, c/o O’Connor & O’Connor, LLC. Sadaris Cheatham, c/o O’Connor & O’Connor, LLC. Isiah Wilson, c/o O’Connor & O’Connor, LLC. 9 Ronald Bledsoe, c/o O’Connor & O’Connor, LLC. 10. Jose Rojas, c/o O’Connor & O’Connor, LLC. 11. Vickram Thakur, c/o O’Connor & O’Connor, LLC. EXHIBIT "A" 12. Records Custodian, Florida Department of Children and Family Services, c/o O’Connor & O’Connor, LLC. 13. Any and all witnesses listed by the Plaintiff. 14. Any and all witnesses listed in any answers to interrogatories or mentioned in documents produced pursuant to requests for production. Defendant reserves the right to further supplement or substitute witnesses as necessary in this action. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished by Electronic Mail via the Florida Courts E-Filing Portal to: Jennifer K. Birmingham, Esquire, The Birmingham Law Firm, P.A., 1353 Palmetto Dr., Ste. 100, Winter Park, FL 32789, at jennifer.birmingham@icloud.com, on this Sth day of June, 2023. RONALD L. HARROP. RONALD L. HARROP, ESQUIRE Florida Bar Number: 260584 rharrop@oconlaw.com O'CONNOR & O'CONNOR, LLC 800 North Magnolia Avenue, Ste 1350 Orlando, FL 32803 (407) 843-2100 (407) 843-2061 Facsimile Attorneys for Defendant The Florida Department of Children and Family Services Filing # 177416469 E-Filed 07/14/2023 10:32:21 AM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA ENEIDA TORRES, Plaintiff Case No.: 2013-CA-2821 Vv. THE FLORIDA DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Defendant / PLAINTIFF’S EXHIBIT LIST Plaintiff, ENEIDA TORRES, by and through her undersigned counsel hereby submits her exhibit list as follows: 4 Employee Complaint of Discrimination with FCHR Case No. 201200799. 2 Any and all documents submitted by Eneida Torres to the State of Florida, Division of Administrative Hearings in Case No: Case No: 12-002615 Any and all documents filed with the Florida Commission of Human Relations (FCHR) for FCHR Case No. 201200799. Any reports and recommendations by investigators of FCHR in FCHR Case No. 201200799. Any and all determinations by FCHR in FCHR Case No. 201200799. Any and all email correspondence between Eneida Torres and representatives or employees of the Florida Department of Children and Family Services. EXHIBIT "B" Any and all written correspondence between Eneida Torres and and representatives or employees of the Florida Department of Children and Family Services. Any and all Answers to Interrogatories made by the parties in this action. Any and all depositions transcripts (and any exhibits attached thereto) taken in this action. 10. Any and all documents produced in response to Requests for Production in this action. 11.Social Security Statement of Eneida Torres dated October 25, 2021. 12. Any and all records associated with Eneida Torres application or interview for Position 60047216(Child Protective Investigator) with the Department of Children and Family Services. 13. Any and all written criteria for Position 60047216(Child Protective Investigator) with the Department of Children and Family Services. 14. Any and all records associated with Eneida Torres application or interview for Position 60020800 (Adult Protective Investigator) with the Department of Children and Family Services. 15. Any and all written criteria for Position 60020800 (Adult Protective Investigator) with the Department of Children and Family Services. 16. Any and all records associated with Eneida Torres application or interview for Position 60025168 (Adult Protective Investigator) with the Department of Children and Family Services. 17.Any and all written criteria for Position 60025168 (Adult Protective Investigator) with the Department of Children and Family Services. 18.Any and all medical records of Eneida Torres produced in discovery. 19.Any and all records and the complete personnel file of Eneida Torres. 20.All exhibits listed by Defendant in this action. Plaintiff reserves a good faith right to further supplement this exhibit list as necessary in this action. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing was furnished this 13" of July, 2023 by Electronic Mail via the Florida Courts E-Filing Portal to: Ronald L. Harrop, Esquire at rharrop@ohalaw.com. /s/ Jennifer K. Birmingham Jennifer K. Birmingham, Esq. FBN: 0526800 The Birmingham Law Firm, PA 1353 Palmetto Avenue, Suite 100 Winter Park, FL 32789 407-628-9081 Jennifer.birmingham@icloud.com Attorneys for Plaintiffs IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA ENEDIA TORRES, Plaintiff, v CASE NUMBER: 2013-CA-2821-CI THE FLORIDA DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Defendant. / DEFENDANT S SCHEDULE OF TRIAL EXHIBITS COMES NOW the Defendant, THE FLORIDA DEPARTMENT OF CHILDREN AND FAMILY SERVICES ( DCF ), by and through its undersigned counsel, and hereby submits its Schedule of Trial Exhibits and states: 1 Eneida Torres’ complete DCF human resources/personnel file. 2 Any and all documents submitted by Eneida Torres to the Florida Commission on Human Relations ( FCHR ). 3 Any and all documents generated by the FCHR in connection with its investigation of Eneida Torres’ complaint(s) of discrimination/retaliation. 4 Any and all electronic mail correspondence and written correspondence between the parties to this action. 5 Any and all Answers to Interrogatories by any party to this action. 6. Any and all transcripts of depositions (and deposition exhibits) taken in this action. Any and all documents or tangible items produced by any party to this action. Any and all exhibits listed by Plaintiff in this action. EXHIBIT "B" Defendant reserves the right to further supplement or substitute exhibits as necessary in this action. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished by Electronic Mail via the Florida Courts E-Filing Portal to: Jennifer K. Birmingham, Esquire, The Birmingham Law Firm, P.A., 1353 Palmetto Dr., Ste. 100, Winter Park, FL 32789, at jennifer.birmingham@icloud.com, on this Sth day of June, 2023. RONALD L. HARROP. RONALD L. HARROP, ESQUIRE Florida Bar Number: 260584 rharrop@oconlaw.com O'CONNOR & O'CONNOR, LLC 800 North Magnolia Avenue, Ste 1350 Orlando, FL 32803 (407) 843-2100 (407) 843-2061 Facsimile Attorneys for Defendant The Florida Department of Children and Family Services IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA. ENEDIA TORRES, Plaintiff, Vv CASE NO.: 2013-CA- 2821-CI THE FLORIDA DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Defendant. DEFENDANT’S PROPOSED JURY INSTRUCTIONS EXHIBIT "C" QUALIFICATIONS INSTRUCTION Many of you have electronic devices such as cell phones, smartphones, tablets, and laptops. Even though you have not yet been selected as a juror, there are some strict rules that you must follow about electronic devices. When you are called to a courtroom, the judge will give you specific instructions on the use of electronic devices. These rules are so important that the judge may tell you that you must turn off your cell phone or other electronic devices completely or that you cannot have your cell phone or electronic devices in the courtroom. If someone needs to contact you in case of an emergency, the judge will provide you with a phone number where you can receive messages. If the trial judge allows you to keep your cell phones, computers, or other electronic devices, you cannot use them to take photographs, video recordings, or audio recordings of the proceedings in the courtroom or your fellow jurors, You must not use them to search the Internet or to find out anything related to any cases in the courthouse. Why is this restriction imposed? This restriction is imposed because jurors must decide the case without distraction and only on the evidence presented in the courtroom. I know that, for some of you, these restrictions affect your normal daily activities and may require a change in the way you are used to communicating and pethaps even in the way you are used to learning. If you investigate, research, or make inquiries on your own, the trial judge has no way to make sure that the information you obtain is proper for the case. The parties likewise have no opportunity to dispute or challenge the accuracy of what you find, Any independent investigation by a juror unfairly and improperly prevents the parties from having that opportunity our judicial system promises. Between now and when you have been discharged from jury duty by the judge, you must not discuss any information about your jury service with anyone, including friends, co-workers, and family members. You may tell those who need to know where you are that you have been called for jury duty. If you are picked for a jury, you may tell people that you have been picked for a jury and how long the case may take. However, you must not give anyone any information about the case itself or the people involved in the case. You must also warn people not to try to say anything to you or write to you about your jury service or the case. This includes face-to-face, phone or computer communications. I want to stress that you must not use electronic devices or computers to talk about this case, including tweeting, texting, blogging, e-mailing, posting information on a website or chat room, or any other means at all. Do not send or accept any messages, including e-mail and text messages, about your jury service. You must not disclose your thoughts about your jury service or ask for advice on how to decide any case. The judge will tell you when you are released from this instruction. Remember, these rules are designed to guarantee a fair trial. It is important that you understand the rules as well as the impact on our system of justice if you fail to follow them. If it is determined that any one of you has violated this rule, and conducted any type of independent research or investigation, it may result in a mistrial, A mistrial would require the case to be tried again at great expense to the parties and the judicial system. The judge may also impose a penalty upon any juror who violates this instruction. All of us are depending on you to follow these rules, so that there will be a fair and lawful resolution of every case. 201.2 INTRODUCTION OF PARTICIPANTS AND THEIR ROLES Judge/Court: I am the judge. You may hear people occasionally refer to me as “the Court.” That is the formal name for my role. My job is to maintain order and decide how to apply the rules of the law to the trial. I will also explain various rules to you that you will need to know in order to do your job as the jury. It is my job to remain neutral on the issues of this lawsuit. Parties: A party who files a lawsuit is called the Plaintiff. A party that is sued is called the Defendant. Attorneys: The attorneys to whom I will introduce you have the job of representing their clients. That is, they speak for their clients here at the trial. They have taken oaths as attorneys to do their best and to follow the rules of their profession. Plaintiff's Counsel: The attorney on this side of the courtroom, JENNIFER BIRMINGHAM, is the person who filed the lawsuit here at the courthouse. Her job is to present her client’s side of things to you. She and her client will be referred to most of the time as “the plaintiff’, Defendant’s Counsel: The attorney on this side of the courtroom, DEREK ANGELL, represents the party being sued. His job is to present Defendant’s side of things to you. He and his client will be referred to here as “the defendant.” Court Clerk: This person sitting in front of me, is the court clerk. [He] [She] is here to assist me with some of the mechanics of the trial process, including the numbering and collection of the exhibits that are introduced in the course of the trial. Court Reporter: The person sitting at the stenographic machine, is the court reporter. [His] [Her] job is to keep an accurate legal record of everything we say and do during this trial. Court Deputy/Bailiff: The person over there, is the Court Deputy/Bailiff. [His] [Her] job is to maintain order and security in the courtroom. The Court Deputy is also my representative to the jury. Anything you need or any problems come up for you during the course of the trial should be brought to [him] [her]. However, the Court Deputy/Bailiff cannot answer any of your questions about the case. Only I can do that. Jury: Last, but not least, is the jury, which we will begin to select in the a few moments from among all of you. The jury’s job will be to decide what the fact are and what the facts mean. Jurors should be as neutral as possible at this point and have no fixed opinion about the lawsuit. At the end of the trial the jury will give me a written verdict. A verdict is simply the jury’s answer to my questions about the case. In order to have a fair and lawful trial, there are rules that all jurors must follow. A basic rule is that jurors must decide the case only on the evidence presented in the courtroom. You must not communicate with anyone, including friends and family members, about this case, the people and places involved, or your jury service. You must not disclose your thoughts about this case or ask for advice on how to decide this case. I want to stress that this rule means you must not use electronic devices or computers to communicate about this case, including tweeting, texting, blogging, e- mailing, posting information on a website or chat room, or any other means at all. Do not send or accept any messages to or from anyone about this case or your jury service. You must not do any research or look up words, names, [maps], or anything else that may have anything to do with this case. This includes reading newspapers, watching television or using a computer, cell phone, the Internet, any electronic device, or any other means at all, to get information related to this case or the people and places involved in this case. This applies whether you are in the courthouse, at home, or anywhere else. Many of you may have cell phones, tablets, laptops, or other electronic devices with you here in the courtroom.** **The trial judge should select one of the following two alternative instructions explaining the rules governing jurors’ use of electronic devices, as explained in Note on Use I. Alternative A; {All cell phones, computers, tablets, or other types of electronic devices must be turned off while you are in the courtroom. Turned off means that the phone or other electronic device is actually off and not in a silent or vibrating mode. You may use these devices during recesses, but even then you may not use your cell phone or electronic device to find out any information about the case or communicate with anyone about the case or the people involved in the case, Do not take photographs, video recordings, or audio recordings of the proceedings or of your fellow jurors. After each recess, please double check to make sure your cell phone or electronic device is turned off. At the end of the case, while you are deliberating, you must not communicate with anyone outside the jury room. You cannot have in the jury room any cell phones, computers, or other electronic devices. If someone needs to contact you in an emergency, the court can receive messages and deliver them to you without delay. A contact phone number will be provided to you.] Alternative B: [You cannot have any cell phones, tablets, laptops, or other electronic devices in the courtroom. You may use these devices during recesses, but even then you may not use your cell phone or electronic device to find out any information about the case or communicate with anyone about the case or the people involved in the case. Do not take photographs, video recordings, or audio recordings of the proceedings or your fellow jurors. At the end of the case, while you are deliberating, you must not communicate with anyone outside the jury room, If someone needs to contact you in an emergency, the court can receive messages and deliver them to you without delay. A contact phone number will be provided to you.] What are the reasons for these rules? These rules are imposed because jurors must decide the case without distraction and only on the evidence presented in the courtroom. If you investigate, research, or make inquiries on your own outside of the courtroom, the trial judge has no way to make sure that the information you obtain is proper for the case. The parties likewise have no opportunity to dispute or challenge the accuracy of what you find. That is contrary to our judicial system, which assures every party the right to ask questions about and challenge the evidence being considered against it and to present argument with respect to that evidence. Any independent investigation by a juror unfairly and improperly prevents the patties from having that opportunity our judicial system promises. Any juror who violates these restrictions jeopardizes the fairness of these proceedings, and a mistrial could result that would require the entire trial process to start over. A mistrial is a tremendous expense and inconvenience to the parties, the court, and the taxpayers. If you violate these rules, you may be held in contempt of court, and face sanctions, such as serving time in jail, paying a fine, or both. All of your communications with courtroom personnel, or me, will be part of the record of these proceedings. That means those communications shall either be made in open court with the court reporter present or, if they are in writing, the writing will be filed with the court clerk. I have instructed the courtroom personnel that any communications you have with them outside of my presence must be reported to me, and I will tell the parties [and their attorneys] about any communication from you that I believe may be of interest io the parties [and their attorneys]. However, you may communicate directly with courtroom personnel about matters concerning your comfort and safety, such as [juror parking] [location of break areas] [how and when to assemble for duty] [dress] [what personal items can be brought into the courthouse or jury room] [list any other types of routine ex parte communications permitted]. If you become aware of any violation of these instructions or any other instruction I give in this case, you must tell me by giving a note to the bailiff. 201.3 EXPLANATION OF THE VOIR DIRE PROCESS Voir Dire: The last thing I want to do, before we begin to select the jury, is to explain to you how the selection process works. Questions/Challenges: This is the part of the case where the parties and their lawyers have the opportunity to get to know a little bit about you, in order to help them come to their own conclusions about your ability to be fair and impartial, so they can decide who they think should be the jurors in this case. How we go about that is as follows: First, Ill ask some general questions of you. Then, each of the lawyers will have more specific questions that they will ask of you. After they have asked all of their questions, I will meet with them and they will tell me their choices for jurors, Each side can ask that I exclude a person from serving on a jury if they can give me a reason to believe that he or she might be unable to be fair and impartial. That is what is called a challenge for cause. The lawyers also have a certain number of what are called peremptory challenges, by which they may exclude a person from the jury without giving a reason. By this process of elimination, the remaining persons are selected as the jury. It may take more than one conference among the parties, their attorneys, and me before the final selections are made. Purpose of Questioning: The questions that you will be asked during this process are not intended to embarrass you or unnecessarily pry into your personal affairs, but it is important that the parties and their attorneys know enough about you to make this important decision. If a question is asked that you would prefer not to answer in front of the whole courtroom, just let me know and you can come up here and give your answer just in front of the attorneys and me. If you have a question of either the attorneys or me, don’t hesitate to let me know. Response to Questioning: There are no right or wrong answers to the questions that will be asked of you. The only thing that I ask is that you answer the questions as frankly and as honestly and as completely as you can. You [will take] [have taken] an oath to answer all questions truthfully and completely and you must do so. Remaining silent when you have information you should disclose is a violation of that oath as well. If a juror violates this oath, it not only may result in having to try the case all over again but also can result in civil and criminal penalties against a juror personally. So, again, it is very important that you be as honest and complete with your answers as you possibly can. If you don’t understand the question, please raise your hand and ask for an explanation or clarification. In sum, this is a process to assist the parties and their attorneys to select a fair and impartial jury. All of the questions they ask you are for this purpose. If, for any reason, you do not think you can be a fair and impartial juror, you must tell us. 202.1 INTRODUCTION Administer oath: You have now taken an oath to serve as jurors in this trial. Before we begin, I am going to tell you about the rules of law that apply to this case and let you know what you can expect as the trial proceeds. It is my intention to give you some of the rules of law but it might be that I will not know for sure all of the law that will apply in this case until all of the evidence is presented. However, I can anticipate most of the law and give it to you at the beginning of the trial so that you will better understand what to be looking for while the evidence is presented. If I later decide that different or additional law applies to the case, I will tell you. In any event, at the end of the evidence I will give you the final instructions on which you must base your verdict. At that time, you will have a complete written set of the instructions so you do not have to memorize what I am about to tell you. 202.2 EXPLANATION OF THE TRIAL PROCEDURE Now that you have heard the law, I want to let you know what you can expect as the trial proceeds. Opening Statements: In a few moments, the attorneys will cach have a chance to make what are called opening statements. In an opening statement, an attorney is allowed to give you [his] [her] views about what the evidence will be in the trial and what you are likely to see and hear in the testimony. Evidentiary Phase: After the attorneys’ opening statements the plaintiffs will bring their witnesses and evidence to you. Evidence: Evidence is the information that the law allows you to see or hear in deciding this case. Evidence includes the testimony of the witnesses, documents, and anything else that I instruct you to consider. Witnesses: A witness is a person who takes an oath to tell the truth and then answers attorneys’ questions for the jury. The answering of attorneys’ questions by witnesses is called “giving testimony.” Testimony means statements that are made when someone has sworn an oath to tell the truth. The plaintiff’s lawyer will normally ask a witness the questions first. That is called direct examination. Then the defense lawyer may ask the same witness additional questions about whatever the witness has testified to. That is called cross- examination. Certain documents or other evidence may also be shown to you during direct or cross-examination. After the plaintiff's witnesses have testified, the defendant will have the opportunity to put witnesses on the stand and go through the same process. Then the plaintiff's lawyer gets to do cross-examination. The process is designed to be fair to both sides. It is important that you remember that testimony comes from witnesses. The attorneys do not give testimony and they are not themselves witnesses. Objections: Sometimes the attorneys will disagree about the rules for trial procedure when a question is asked of a witness. When that happens, one of the lawyers may make what is called an “objection.” The rules for a trial can be complicated, and there are many reasons for attorneys to object. You should simply wait for me to decide how to proceed. If I say that an objection is “sustained,” that means the witness may not answer the question. If I say that the objection is “overruled,” that means the witness may answer the question. When there is an objection and I make a decision, you must not assume from that decision that I have any particular opinion other than that the rules for conducting a trial are being correctly followed. If I say a question may not be asked or answered, you must not try to guess what the answer would have been. That is against the rules, too. Side Bar Conferences: Sometimes I will need to speak to the attorneys about legal elements of the case that are not appropriate for the jury to hear. The attorneys and I will try to have as few of these conferences as possible while you are giving us your valuable time in the courtroom. But, if we do have to have such a conference during testimony, we will try to hold the conference at the side of my desk so that we do not have to take a break and ask you to leave the courtroom. Recesses: Breaks in an ongoing trial are usually called “recesses.” During a recess you still have your duties as a juror and must follow the rules, even while having coffee, at lunch, or at home. Instructions Before Closing Arguments: After all the evidence has been presented to you, I will instruct you in the law that you must follow. It is important that you remember these instructions to assist you in evaluating the final attorney presentations, which come next, and, later, during your deliberations, to help you correctly sort through the evidence to reach your decision. Closing Arguments: The attorneys will then have the opportunity to make their final presentations to you, which are called closing arguments. Final Instructions: After you have heard the closing arguments, I will instruct you further in the law as well as explain to you the procedures you must follow to decide the case. Deliberations: After you hear the final jury instructions, you will go to the jury room and discuss and decide the questions I have put on your verdict form. [You will have a copy of the jury instructions to use during your discussions.] The discussions you have and the decisions you make are usually called “jury deliberations.” Your deliberations are absolutely private and neither I nor anyone else will be with you in the jury room. Verdict: When you have finished answering the questions, you will give the verdict form to the bailiff, and we will all return to the courtroom where your verdict will be read. When that is completed, you will be released from your assignment as a juror. What are the rules? Finally, before we begin the trial, I want to give you just a brief explanation of rules you must follow as the case proceeds. Keeping an Open Mind: You must pay close attention to the testimony and other evidence as it comes into the trial, However, you must avoid forming any final opinion or telling anyone else your views on the case until you begin your deliberations. This rule requires you to keep an open mind until you have heard all of the evidence and is designed to prevent you from influencing how your fellow jurors think until they have heard all of the evidence and had an opportunity to form their own opinions. The time and place for coming to your final opinions and speaking about them with your fellow jurors is during deliberations in the jury room, after all of the evidence has been presented, closing arguments have been made, and Thave instructed you on the law. It is important that you hear all of the facts and that you hear the law and how to apply it before you start deciding anything. Consider Only the Evidence: It is the things you hear and see in this courtroom that matter in this trial. The law tells us that a juror can consider only the testimony and other evidence that all the other jurors have also heard and seen in the presence of the judge and the lawyers. Doing anything else is wrong and is against the law. That means that you must not do any work or investigation of your own about the case. You must not obtain on your own any information about the case or about anyone involved in the case, from any source whatsoever. This includes reading newspapers, watching television or using a computer, cell phone, the Internet, any electronic device, or any other means at all, to get information related to this case or the people and places involved in this case. This applies whether you are in the courthouse, at home, or anywhere else, You must not visit places mentioned in the trial or use the internet to look at maps or pictures to sce any place discussed during trial. Do not provide any information about this case to anyone, including friends or family members. Do not let anyone, including the closest family members, make comments to you or ask questions about the trial. Jurors must not have discussions of any sort with friends or family members about the case or the people and places involved. So, do not let even the closest family members make comments to you or ask questions about the trial. In this age of electronic communication, I want to stress again that just as you must not talk about this case face-to-face, you must not talk about this case by using an electronic device. You must not use phones, computers or other electronic devices to communicate. Do not send or accept any messages related to this case or your jury service. Do not discuss this case or ask for advice by any means at all, including posting information on an Internet website, chat room or blog. No Mid-Trial Discussions: When we are in a recess, do not discuss anything about the trial or the case with each other or with anyone else. If attorneys approach you, don’t speak with them. The law says they are to avoid contact with you. If an attorney will not look at you or speak to you, do not be offended or form a conclusion about that behavior. The attorney is not supposed to interact with jurors outside of the courtroom and is only following the rules. The attorney is not being impolite. If an attorney or anyone else does try to speak with you or says something about the case in your presence, please inform the bailiff immediately. Only the Jury Decides: Only you get to deliberate and answer the verdict questions at the end of the trial. I will not intrude into your deliberations at all. Tam required to be neutral. You should not assume that I prefer one decision over another. You should not try to guess what my opinion is about any part of the case. It would be wrong for you to conclude that anything I say or do means that I am for one side or another in the trial. Discussing and deciding the facts is your job alone. 202.3 NOTE-TAKING BY JURORS If you would like to take notes during the trial, you may do so. On the other hand, of course, you are not required to take notes if you do not want to. That will be left up to you individually. You will be provided with a note pad and a pen for use if you wish to take notes. Any notes that you take will be for your personal use. However, you should not take them with you from the courtroom. During recesses, the bailiff will take possession of your notes and will return them to you when we reconvene. After you have completed your deliberations, the bailiff will deliver your notes to me. They will be destroyed. No one will ever read your notes. If you take notes, do not get so involved in note-taking that you become distracted from the proceedings. Your notes should be used only as aids to your memory. Whether or not you take notes, you should rely on your memory of the evidence and you should not be unduly influenced by the notes of other jurors, Notes are not entitled to any greater weight than each juror’s memory of the evidence. 202.4 JUROR QUESTIONS Questions for the court or courtroom personnel: During the trial, you may have a question about these proceedings. If so, please write it down and hand it to the bailiff, who will then hand it to me. I will review your question with the parties [and their attorneys] before responding. Questions for witnesses: You also may have a question you think should be asked of a witness. If so, there is a way for you to request that I ask the witness a question. After all the attorneys have completed their questioning of the witness, you should raise your hand if you have a question. I will then give you sufficient time to write the question on a piece of paper, fold it, and give it to the bailiff, who will pass it to me. Do not put your name on the question, show it to anyone or discuss it with anyone. It is important to know that if you have a question you believe should be asked ofa witness, you must raise your hand and request that I ask the witness the question before the witness leaves the witness stand. You will not have an opportunity to ask the witness a question once the witness leaves the courtroom. I will then review the question with the attorneys. Under our law, only certain evidence may be considered by ajury in determining a verdict. You are bound by the same rules of evidence that control the attorneys’ questions. If I decide that the question may not be asked under our rules of evidence, I will tell you. Otherwise, I will direct the question to the witness. The attorneys may then ask follow-up questions if they wish. If there are additional questions from jurors, we will follow the same procedure again. By providing this procedure, I do not mean to suggest that you must or should submit written questions for witnesses. In most cases, the lawyers will have asked the necessary questions. 201.1 DESCRIPTION OF THE CASE This is a civil trial. A civil trial is different from a criminal case, where a defendant is chargedby the state prosecutor with committing a crime. The subject of a civil trial is a disagreement between people or companies, where the claims of one or more of theseparties have been brought to court to be resolved. It is called “a trial of a lawsuit.” This is a claim for employment discrimination brought by the Plaintiff, ENEIDA TORRES. ENEIDA TORRES claims that her employer, Defendant, THE FLORIDA DEPARTMENT OF CHILDREN AND FAMILY SERVICES, unlawfully retaliated against her by failing to promote her and refusing to rescind her resignation because she filed a charge of discrimination against her employer. Defendant denies that it took adverse employment action against Plaintiff based on her protected activity. Defendant further disputes the nature and extent of Plaintiff’s claimed damages. 401.2 SUMMARY OF CLAIMS (PRE-EVIDENCE) The claims, in this case, are as follows. Plaintiff claims that Defendant retaliated against her by taking adverse employment action based on her engaging in protected activity, to wit: filing a charge of discrimination with the Florida Commission on Human Relations. The Plai