On July 10, 148 a
No Value
was filed
involving a dispute between
Biberstein, Harry,
and
All Others Whom It May Concern,
Deville, Carol,
Frazer, Christine,
Golden Key Properties Llc,
Kirchberger, Andreas,
Kirchberger, Gabriel,
Kirchberger, Niclas X,
Moonstone Holdings, Llc, A Nevada Limited Liability Company,
Southern Shores Enterprises, Llc, A Florida Limited Liability Company,
for Other - Matters not falling within the Other Civil Subcategories
in the District Court of Charlotte County.
Preview
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT, IN AND FOR CHARLOTTE
COUNTY, FLORIDA, CIVIL ACTION
HARRY BIEBERSTEIN,
Plaintiff,
Vv. Case No. 17-CA-917
GABRIEL KIRCHBERGER, CAROL DEVILLE 3
SOUTHERN SHORES ENTERPRISES, LLC, a
oi
an
Florida limited liability company, and MOONSTONE BR,
tory
HOLDINGS, LLC, a Nevada limited liability company, 3
Defendants.
\2
/
7
AGREED CASE MANAGEMENT PLAN AND ORDER AQ
so
SB,
The parties hereby submit the following Agreed Case Management Plan to the Court for approval:
Case Track Assignment 1 (check one ~ must be completed for cases filed 1/1/10 or thereafter):
—O_ Expedited Track (Case resolved within 12 months);
(It is recommended that discovery and an alternative dispute resolution be completed within 270
days after the complaint is filed and a final disposition entered within 365
days after the complaint is filed)
—k__ Standard Track (Case is resolved within 18 months);
(it is recommended that discovery and an alternative dispute resolution be completed within 450
days after the complaint is filed and a final disposition entered within 540
days after the complaint is filed)
—O__ Complex Track (Case resolved within 2 years)
(Case will likely be declared complex per Florida Rule of Civil Procedure 1.201)
Case Deadlines and Events
DEADLINE OR EVENT AGREED DATE
Statement of Facts and/or Counterclaim(s)
Statement of Facts July 1, 2019
Counterclaim: January 15, 2019
Identification of facts the parties believe to be disputed
Plaintiff(s) July 1, 2019
Defendant(s): July 1, 2019
Identification of the issues of law to be decided by the Court
Plaintiff(s) July 1, 2019
Defendant(s): July 1, 2019
Motions to Add Parties or to Amend Pleadings
Plaintiff(s): March 1, 2019
Defendant(s) March 1, 2019
Disclosure of Fact Witnesses Plaintiff(s) May 1, 2019
Defendant(s): May 1, 2019
‘Case disposition times for all Case Tracks have been established in accordance with Florida Rule of Judicial Administration
2.250(a)(1)(B). Although Standard and Complex Track cases may or may not be resolved with a jury trial, it is expected that
Expedited Track cases will be resolved without a jury trial.
DEADLINE OR EVENT AGREED DATE
Disclosure of Expert Witnesses
Plaintiff(s) March 15, 2019
Defendant(s): April 1, 2019
Filing of Exhibit List
Plaintiff(s): August 1, 2019
Defendant(s) August 1, 2019
Discovery Deadline for Fact Witnesses
(All discovery must be commenced in time to be completed before this date)
Plaintiff(s): July 15, 2019
Defendant(s) July 15, 2019
Expert Opinion Available to Opposing Party
(It is recommended that the last exchange occur 4 months before trial and
1-2 months before discovery deadline to allow time for expert depositions. This
does not require a written report unless otherwise required by the rule.)
Plaintiff(s) April 1, 2019
Defendant(s) April 15, 2019
Discovery Deadline for Expert Witnesses
Plaintiff(s) May 1, 2019
Defendant(s): May 15, 2019
Completion of Alternative Dispute Resolution (ADR)
(Mediation is mandatory unless the parties agree to another form of ADR. If early
ADR is selected and it does not result in settlement or disposition of this entire
action, a case management conference will be scheduled within 45 days from the
date of ADR )
Deadline: March 2019
Type of ADR: Mediation
Deadline for Filing Dispositive Motions
(Court requires filing not later than 10 days prior to the pretrial management June 1, 2019
conference)
Pretrial Conference Date An Order will be issued by
(Unless early ADR is selected, a pretrial conference date will be scheduled within the Court scheduling the
45 days of the date of ADR not resulting in settlement or disposition of this entire Pretrial Conference.
action.)
Other Deadlines or Events N/A
‘Trial Laformstion
Estimated Date the Casc Will Be Preparedfo Go To Trial
(GCoounsel and unrepresented parties do not agre on sthe ‘estimated date on
which the case will be preparedto 0 to tria the l,
Court may units own Seprambi 2019
tmotion set the case
for trial) |
Estimated Length of Trial (specify the number of trial days): 5 days
Mdentificatlon of Juryor Non—Jury Trial
Non jury
The above-referenced schedule 6f deadtines will be ‘sisiot! ly adhered ta by the parties timicss a change is otherwise
agreed to by the paities and approved by the Coust. The Court will consider a request to approve changes to these
deudlines upon a showing of good cause. b: y Sither party bused on matters-arising
from an cthergency: nature or
unavailability, However, énce the Agreed Casco Management Plan has been approved by
Procrastination in completing discovery ov ihe: unavailability of counsel wil the Cour,
i nat constitine good cause for a
change to these deadlines. ‘The fail Lutureto abide’ by these deadlines may result th sanctions by the Court,
the award of attorney's fees, the stri iking of pleadings, and/or a dismissai of t he action. including
ae
Flovida‘Bur No. 394785
Woods, Weidonmiller, Micheui& Rudnick, LLP
Awd Air
Robert W. Segur, B.A,
Florida Bar Ne+-6700932:
Robert W. Scpur, PA,
9045 Strada Stell Court, Suite 400 1460'S. McCall Road, Suite2E
Naples, Florida 34109 Englewood, Florida 34223
(239) 323-4070 ~ Telephone: (941) 473-8878 ‘elephots
‘for ‘Gal Kirchberger
Attorney for the Tue oh
Southera Shores, nd
Moohstane Holdings,
ie
CL Hy) ty Gc
Florid{Bui BiNos 0301817
DavidK. Guks; PA,
407 Bast Marion Avenue, Suite 10)
Punta Gorda, Florida 33950
(941) 639-7627 — Telephone
Aiornes ee .
ORDER APPROVI
S S NG AGREED
EE
e EN CASE
en SMANAGE
MANAGEMENT
MENT PLAN
FLAN
THE COURT having reviewed the preceding Agreed Case Management Plan and finding it to be
satisfactory, it is
ORDERED AND ADJUDGED that the Agreed Case Management Plan is hereby APPROVED AND
ALL PARTIES SHALL ABIDE BY THE TERMS HEREIN.
DONE AND ORDERED in Charlotte County, Florida on this 2bo day of Mart 2018.
Cana
Honorable Lisa S. Porter
Circuit Court Judge
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished electronically to
Mark A. Slack, Esq., mslack@lawfirmnaples.com, ddiaz@lawfirmnaples.com; Robert W. Segur, Esq.,
legal@segurlaw.net and David K. Oaks, Esq. doaksesq@comcast.net on this day of » 2018.
By:
_— se oo
Judicial Assistant
MAR 2 6 2049
Preview
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT, IN AND FOR CHARLOTTE COUNTY, FLORIDA, CIVIL ACTION HARRY BIEBERSTEIN, Plaintiff, Vv. Case No. 17-CA-917 GABRIEL KIRCHBERGER, CAROL DEVILLE 3 SOUTHERN SHORES ENTERPRISES, LLC, a oi an Florida limited liability company, and MOONSTONE BR, tory HOLDINGS, LLC, a Nevada limited liability company, 3 Defendants. \2 / 7 AGREED CASE MANAGEMENT PLAN AND ORDER AQ so SB, The parties hereby submit the following Agreed Case Management Plan to the Court for approval: Case Track Assignment 1 (check one ~ must be completed for cases filed 1/1/10 or thereafter): —O_ Expedited Track (Case resolved within 12 months); (It is recommended that discovery and an alternative dispute resolution be completed within 270 days after the complaint is filed and a final disposition entered within 365 days after the complaint is filed) —k__ Standard Track (Case is resolved within 18 months); (it is recommended that discovery and an alternative dispute resolution be completed within 450 days after the complaint is filed and a final disposition entered within 540 days after the complaint is filed) —O__ Complex Track (Case resolved within 2 years) (Case will likely be declared complex per Florida Rule of Civil Procedure 1.201) Case Deadlines and Events DEADLINE OR EVENT AGREED DATE Statement of Facts and/or Counterclaim(s) Statement of Facts July 1, 2019 Counterclaim: January 15, 2019 Identification of facts the parties believe to be disputed Plaintiff(s) July 1, 2019 Defendant(s): July 1, 2019 Identification of the issues of law to be decided by the Court Plaintiff(s) July 1, 2019 Defendant(s): July 1, 2019 Motions to Add Parties or to Amend Pleadings Plaintiff(s): March 1, 2019 Defendant(s) March 1, 2019 Disclosure of Fact Witnesses Plaintiff(s) May 1, 2019 Defendant(s): May 1, 2019 ‘Case disposition times for all Case Tracks have been established in accordance with Florida Rule of Judicial Administration 2.250(a)(1)(B). Although Standard and Complex Track cases may or may not be resolved with a jury trial, it is expected that Expedited Track cases will be resolved without a jury trial. DEADLINE OR EVENT AGREED DATE Disclosure of Expert Witnesses Plaintiff(s) March 15, 2019 Defendant(s): April 1, 2019 Filing of Exhibit List Plaintiff(s): August 1, 2019 Defendant(s) August 1, 2019 Discovery Deadline for Fact Witnesses (All discovery must be commenced in time to be completed before this date) Plaintiff(s): July 15, 2019 Defendant(s) July 15, 2019 Expert Opinion Available to Opposing Party (It is recommended that the last exchange occur 4 months before trial and 1-2 months before discovery deadline to allow time for expert depositions. This does not require a written report unless otherwise required by the rule.) Plaintiff(s) April 1, 2019 Defendant(s) April 15, 2019 Discovery Deadline for Expert Witnesses Plaintiff(s) May 1, 2019 Defendant(s): May 15, 2019 Completion of Alternative Dispute Resolution (ADR) (Mediation is mandatory unless the parties agree to another form of ADR. If early ADR is selected and it does not result in settlement or disposition of this entire action, a case management conference will be scheduled within 45 days from the date of ADR ) Deadline: March 2019 Type of ADR: Mediation Deadline for Filing Dispositive Motions (Court requires filing not later than 10 days prior to the pretrial management June 1, 2019 conference) Pretrial Conference Date An Order will be issued by (Unless early ADR is selected, a pretrial conference date will be scheduled within the Court scheduling the 45 days of the date of ADR not resulting in settlement or disposition of this entire Pretrial Conference. action.) Other Deadlines or Events N/A ‘Trial Laformstion Estimated Date the Casc Will Be Preparedfo Go To Trial (GCoounsel and unrepresented parties do not agre on sthe ‘estimated date on which the case will be preparedto 0 to tria the l, Court may units own Seprambi 2019 tmotion set the case for trial) | Estimated Length of Trial (specify the number of trial days): 5 days Mdentificatlon of Juryor Non—Jury Trial Non jury The above-referenced schedule 6f deadtines will be ‘sisiot! ly adhered ta by the parties timicss a change is otherwise agreed to by the paities and approved by the Coust. The Court will consider a request to approve changes to these deudlines upon a showing of good cause. b: y Sither party bused on matters-arising from an cthergency: nature or unavailability, However, énce the Agreed Casco Management Plan has been approved by Procrastination in completing discovery ov ihe: unavailability of counsel wil the Cour, i nat constitine good cause for a change to these deadlines. ‘The fail Lutureto abide’ by these deadlines may result th sanctions by the Court, the award of attorney's fees, the stri iking of pleadings, and/or a dismissai of t he action. including ae Flovida‘Bur No. 394785 Woods, Weidonmiller, Micheui& Rudnick, LLP Awd Air Robert W. Segur, B.A, Florida Bar Ne+-6700932: Robert W. Scpur, PA, 9045 Strada Stell Court, Suite 400 1460'S. McCall Road, Suite2E Naples, Florida 34109 Englewood, Florida 34223 (239) 323-4070 ~ Telephone: (941) 473-8878 ‘elephots ‘for ‘Gal Kirchberger Attorney for the Tue oh Southera Shores, nd Moohstane Holdings, ie CL Hy) ty Gc Florid{Bui BiNos 0301817 DavidK. Guks; PA, 407 Bast Marion Avenue, Suite 10) Punta Gorda, Florida 33950 (941) 639-7627 — Telephone Aiornes ee . ORDER APPROVI S S NG AGREED EE e EN CASE en SMANAGE MANAGEMENT MENT PLAN FLAN THE COURT having reviewed the preceding Agreed Case Management Plan and finding it to be satisfactory, it is ORDERED AND ADJUDGED that the Agreed Case Management Plan is hereby APPROVED AND ALL PARTIES SHALL ABIDE BY THE TERMS HEREIN. DONE AND ORDERED in Charlotte County, Florida on this 2bo day of Mart 2018. Cana Honorable Lisa S. Porter Circuit Court Judge CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished electronically to Mark A. Slack, Esq., mslack@lawfirmnaples.com, ddiaz@lawfirmnaples.com; Robert W. Segur, Esq., legal@segurlaw.net and David K. Oaks, Esq. doaksesq@comcast.net on this day of » 2018. By: _— se oo Judicial Assistant MAR 2 6 2049