Preview
Filing # 188397405 E-Filed 12/20/2023 09:58:10 AM
IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL
CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA
CASE NO: 2023-020202-CA-01
SECTION: CA44
JUDGE: Lisa Walsh
Cody Kerns et al
Plaintiff(s)
vs.
FXWinning, Ltd. et al
Defendant(s)
____________________________/
UNIFORM PRE-TRIAL PREPARATION ORDER
You have a Final Pre-Trial Conference scheduled before Judge Lisa Walsh in the
Complex Business Litigation Division. The following task(s) shall be completed, as
indicated below, prior to the final pre-trial conference:
All parties must submit an exhibit list to the Court two (2) business days prior to the
start of the final pre-trial conference.
1. All exhibits must be submitted to all Parties no later than twenty (20) days prior
to the start of the final pre-trial conference. Opposing counsel must identify, in
writing, the specific objection to any exhibit(s). The objection to any exhibit
must be submitted to opposing counsel and the Court in writing ten (10) days
prior to the start of final pre-trial conference.
2. Objections to admission of any exhibit under section 90.803(6)(c) or
90.902(11), Florida Statutes, are deemed waived if not timely made in
accordance with section (1) above.
3. The Parties must meet and confer five (5) days prior to the final pre-trial
conference concerning the exhibit list and endeavor to resolve any objections
and disputes.
4. The witness list must be submitted to all Parties no later than twenty (20) days
before the end of the Fact Discovery cut-off date listed in the Court’s
Scheduling Order. Opposing counsel must identify, in writing, the specific
objection to any witness(s). The objection to any witness must be submitted to
Case No: 2023-020202-CA-01 Page 1 of 4
opposing counsel and the Court in writing ten (10) days prior to the start of final
pre-trial conference. The Parties must meet and confer five (5) days prior to the
final pre-trial conference concerning the witness list and endeavor to resolve
any disputes and objections.
5. All exhibits are to be pre-marked and initialed and provided to clerk on the first
day of trial. Plaintiff’s exhibits are marked, if stipulated or agreed, into evidence
with a numerical marking, i.e., 1, 2, 3. Plaintiff’s exhibits, if not yet deemed
admitted, are marked for identification as 1a. 1b, 1c, for identification.
Defendant shall likewise mark agreed exhibits alphabetically, i.e., a, b, c, and
mark for identification as, i.e., a1, a2, a3.
6. No document or exhibit, except impeachment exhibits, may be offered into
evidence unless it has been pre-marked.
7. Proposed jury instructions and verdict forms must be submitted to the Court
two (2) weeks prior to the final pre-trial conference. All counsel must meet and
confer (at least 5 days prior to the final pre-trial conference) concerning jury
instructions/verdict form and endeavor to submit an agreed set of jury
instructions to the Court. The parties shall submit, in Word, a single set of jury
instructions, redlining any disputed instructions in track changes format. These
shall be submitted, along with a verdict form, to the judicial assistant at
dwright@jud11.flcourts.org. Failure to comply with this section waives any
party’s right to have the court substantively instruct the jury before opening
statement.
8. The parties must identify any unique jury selections issues or concerns that the
case presents and provide those concerns (in writing) to the court at least thirty
(30) days prior to the start of final pre-trial conference.
9. All parties must provide deposition designations (this includes video testimony)
they intend to read during the trial to opposing counsel twenty (20) days prior to
the final pre-trial conference. Cross designations must be provided five (5) days
after receipt of original designations. Any objections to the proposed
designations must be submitted—in writing—five (5) days prior to the start of
final pre-trial conference. The Parties must meet and confer concerning the
designations and endeavor to resolve any disputes five (5) days prior to the final
pre-trial conference.
10. The Court will generally be in trial session from 10 a.m. until 6 p.m. All parties
are responsible for having witnesses available and ready to testify until 6 p.m.
The Court generally recesses for lunch at 12:30 p.m. The lunch recess is for 1
hour. The Court will resume the trial promptly at 1:30 p.m. Periodic breaks are
taken throughout the day as requested or needed.
Case No: 2023-020202-CA-01 Page 2 of 4
11. Remote appearance of witnesses is governed by the Rules of Judicial
Administration. Counsel who intends to use any technology (video trial
testimony, Zoom, Skype, etc.) during the trial must ensure the technology
device and necessary equipment and accessories are working properly prior to
its use. If counsel is unfamiliar with the technology, they must ensure a
technician or other individual who is familiar with the technology is available to
address any issues that may arise during the presentation. The space in the court
room is limited, therefore, the parties must work together to share screens,
monitors or projectors. In addition, simply using a single laptop, Zoom account,
and projection screen is insufficient to comply with remote witness procedures.
All jurors must be able to see and hear the witness, and the witness must be able
to see and hear the court, counsel, and opposing counsel. A single laptop and
projection screen without sufficient audio and video setup results in the witness
not seeing or hearing the judge and/ or jury. The party calling the witness is
responsible for ensuring that the system used causes no feedback, that sufficient
bandwidth exists, and that there are no technological interruptions.
12. Counsel must bring to the Court’s attention, at the final pre-trial conference,
any personal, medical issues, childcare issues or similar type concerns that may
impact the 10 a.m. to 6 p.m. schedule of the Court.
13. All trial stipulations must be in writing and submitted to the Court two (2)
business days prior to the final pre-trial conference.
14. All motions in limine must be in writing and filed 30 days in advance of the
final pre-trial conference.
15. All parties are responsible for preparing a joint final pre-trial report that must
include a brief written synopsis detailing the factual and/or legal issues to be
resolved by the Court and/or the jury.
16. Any power point presentations that include exhibits of any kind whatsoever
intended to be used during opening statement must be shared with opposing
counsel prior to start of the trial.
17. If either party desires the Court to judicially notice any adjudicative facts
pursuant to Florida Evidence Code 90.201 through 90.204 such request shall be
in writing and filed prior to the final pre-trial conference. The request shall
specify with particularity the specific facts sought to be recognized and provide
any legal authorities in support.
Case No: 2023-020202-CA-01 Page 3 of 4
DONE and ORDERED in Chambers at Miami-Dade County, Florida on this 20th day of
December, 2023.
2023-020202-CA-01 12-20-2023 9:49 AM
Hon. Lisa Walsh
CIRCUIT COURT JUDGE
Electronically Signed
Electronically Served:
Brian Barakat, barakat@b2b.legal
Brian Barakat, service@b2b.legal
Brian Barakat, chawkins@b2b.legal
CBL Division 44, cbl44@jud11.flcourts.org
David M Levine, dlevine@sfl-law.com
David M Levine, eservice@sfl-law.com
Elaine Kussurelis, elaine.kussurelis@nelsonmullins.com
Elaine Kussurelis, marisa.armas@nelsonmullins.com
Fausto Sanchez, fsanchez@sfl-law.com
Jaime A. Bianchi, jbianchi@whitecase.com
Jaime A. Bianchi, khoward@whitecase.com
Jaime A. Bianchi, MiamiLitigationFileRoom@whitecase.com
Jocelyne Anne Macelloni, jmacelloni@b2b.legal
Jocelyne Anne Macelloni, gsmith@b2b.legal
Justin B. Kaplan, justin.kaplan@nelsonmullins.com
Justin B. Kaplan, marisa.armas@nelsonmullins.com
Lauren M Allen, lallen@sfl-law.com
Lauren M. Allen, lallen@sfl-law.com
RYAN K TODD, ryan.todd@nelsonmullins.com
RYAN K TODD, herold.labissiere@nelsonmullins.com
Robert DeNault, robert.denault@whitecase.com
Robert Kemper, rkemper@sfl-law.com
Sadena Blatt Miropol, sblattmiropol@whitecase.com
Spencer Thompson, sthompson@sfl-law.com
Zachary Brian Dickens, zachary.dickens@whitecase.com
Zachary Brian Dickens, khoward@whitecase.com
Zachary Brian Dickens, MiamiLitigationFileRoom@whitecase.com
Physically Served:
Case No: 2023-020202-CA-01 Page 4 of 4
Preview
Filing # 188397405 E-Filed 12/20/2023 09:58:10 AM IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CASE NO: 2023-020202-CA-01 SECTION: CA44 JUDGE: Lisa Walsh Cody Kerns et al Plaintiff(s) vs. FXWinning, Ltd. et al Defendant(s) ____________________________/ UNIFORM PRE-TRIAL PREPARATION ORDER You have a Final Pre-Trial Conference scheduled before Judge Lisa Walsh in the Complex Business Litigation Division. The following task(s) shall be completed, as indicated below, prior to the final pre-trial conference: All parties must submit an exhibit list to the Court two (2) business days prior to the start of the final pre-trial conference. 1. All exhibits must be submitted to all Parties no later than twenty (20) days prior to the start of the final pre-trial conference. Opposing counsel must identify, in writing, the specific objection to any exhibit(s). The objection to any exhibit must be submitted to opposing counsel and the Court in writing ten (10) days prior to the start of final pre-trial conference. 2. Objections to admission of any exhibit under section 90.803(6)(c) or 90.902(11), Florida Statutes, are deemed waived if not timely made in accordance with section (1) above. 3. The Parties must meet and confer five (5) days prior to the final pre-trial conference concerning the exhibit list and endeavor to resolve any objections and disputes. 4. The witness list must be submitted to all Parties no later than twenty (20) days before the end of the Fact Discovery cut-off date listed in the Court’s Scheduling Order. Opposing counsel must identify, in writing, the specific objection to any witness(s). The objection to any witness must be submitted to Case No: 2023-020202-CA-01 Page 1 of 4 opposing counsel and the Court in writing ten (10) days prior to the start of final pre-trial conference. The Parties must meet and confer five (5) days prior to the final pre-trial conference concerning the witness list and endeavor to resolve any disputes and objections. 5. All exhibits are to be pre-marked and initialed and provided to clerk on the first day of trial. Plaintiff’s exhibits are marked, if stipulated or agreed, into evidence with a numerical marking, i.e., 1, 2, 3. Plaintiff’s exhibits, if not yet deemed admitted, are marked for identification as 1a. 1b, 1c, for identification. Defendant shall likewise mark agreed exhibits alphabetically, i.e., a, b, c, and mark for identification as, i.e., a1, a2, a3. 6. No document or exhibit, except impeachment exhibits, may be offered into evidence unless it has been pre-marked. 7. Proposed jury instructions and verdict forms must be submitted to the Court two (2) weeks prior to the final pre-trial conference. All counsel must meet and confer (at least 5 days prior to the final pre-trial conference) concerning jury instructions/verdict form and endeavor to submit an agreed set of jury instructions to the Court. The parties shall submit, in Word, a single set of jury instructions, redlining any disputed instructions in track changes format. These shall be submitted, along with a verdict form, to the judicial assistant at dwright@jud11.flcourts.org. Failure to comply with this section waives any party’s right to have the court substantively instruct the jury before opening statement. 8. The parties must identify any unique jury selections issues or concerns that the case presents and provide those concerns (in writing) to the court at least thirty (30) days prior to the start of final pre-trial conference. 9. All parties must provide deposition designations (this includes video testimony) they intend to read during the trial to opposing counsel twenty (20) days prior to the final pre-trial conference. Cross designations must be provided five (5) days after receipt of original designations. Any objections to the proposed designations must be submitted—in writing—five (5) days prior to the start of final pre-trial conference. The Parties must meet and confer concerning the designations and endeavor to resolve any disputes five (5) days prior to the final pre-trial conference. 10. The Court will generally be in trial session from 10 a.m. until 6 p.m. All parties are responsible for having witnesses available and ready to testify until 6 p.m. The Court generally recesses for lunch at 12:30 p.m. The lunch recess is for 1 hour. The Court will resume the trial promptly at 1:30 p.m. Periodic breaks are taken throughout the day as requested or needed. Case No: 2023-020202-CA-01 Page 2 of 4 11. Remote appearance of witnesses is governed by the Rules of Judicial Administration. Counsel who intends to use any technology (video trial testimony, Zoom, Skype, etc.) during the trial must ensure the technology device and necessary equipment and accessories are working properly prior to its use. If counsel is unfamiliar with the technology, they must ensure a technician or other individual who is familiar with the technology is available to address any issues that may arise during the presentation. The space in the court room is limited, therefore, the parties must work together to share screens, monitors or projectors. In addition, simply using a single laptop, Zoom account, and projection screen is insufficient to comply with remote witness procedures. All jurors must be able to see and hear the witness, and the witness must be able to see and hear the court, counsel, and opposing counsel. A single laptop and projection screen without sufficient audio and video setup results in the witness not seeing or hearing the judge and/ or jury. The party calling the witness is responsible for ensuring that the system used causes no feedback, that sufficient bandwidth exists, and that there are no technological interruptions. 12. Counsel must bring to the Court’s attention, at the final pre-trial conference, any personal, medical issues, childcare issues or similar type concerns that may impact the 10 a.m. to 6 p.m. schedule of the Court. 13. All trial stipulations must be in writing and submitted to the Court two (2) business days prior to the final pre-trial conference. 14. All motions in limine must be in writing and filed 30 days in advance of the final pre-trial conference. 15. All parties are responsible for preparing a joint final pre-trial report that must include a brief written synopsis detailing the factual and/or legal issues to be resolved by the Court and/or the jury. 16. Any power point presentations that include exhibits of any kind whatsoever intended to be used during opening statement must be shared with opposing counsel prior to start of the trial. 17. If either party desires the Court to judicially notice any adjudicative facts pursuant to Florida Evidence Code 90.201 through 90.204 such request shall be in writing and filed prior to the final pre-trial conference. The request shall specify with particularity the specific facts sought to be recognized and provide any legal authorities in support. Case No: 2023-020202-CA-01 Page 3 of 4 DONE and ORDERED in Chambers at Miami-Dade County, Florida on this 20th day of December, 2023. 2023-020202-CA-01 12-20-2023 9:49 AM Hon. Lisa Walsh CIRCUIT COURT JUDGE Electronically Signed Electronically Served: Brian Barakat, barakat@b2b.legal Brian Barakat, service@b2b.legal Brian Barakat, chawkins@b2b.legal CBL Division 44, cbl44@jud11.flcourts.org David M Levine, dlevine@sfl-law.com David M Levine, eservice@sfl-law.com Elaine Kussurelis, elaine.kussurelis@nelsonmullins.com Elaine Kussurelis, marisa.armas@nelsonmullins.com Fausto Sanchez, fsanchez@sfl-law.com Jaime A. Bianchi, jbianchi@whitecase.com Jaime A. Bianchi, khoward@whitecase.com Jaime A. Bianchi, MiamiLitigationFileRoom@whitecase.com Jocelyne Anne Macelloni, jmacelloni@b2b.legal Jocelyne Anne Macelloni, gsmith@b2b.legal Justin B. Kaplan, justin.kaplan@nelsonmullins.com Justin B. Kaplan, marisa.armas@nelsonmullins.com Lauren M Allen, lallen@sfl-law.com Lauren M. Allen, lallen@sfl-law.com RYAN K TODD, ryan.todd@nelsonmullins.com RYAN K TODD, herold.labissiere@nelsonmullins.com Robert DeNault, robert.denault@whitecase.com Robert Kemper, rkemper@sfl-law.com Sadena Blatt Miropol, sblattmiropol@whitecase.com Spencer Thompson, sthompson@sfl-law.com Zachary Brian Dickens, zachary.dickens@whitecase.com Zachary Brian Dickens, khoward@whitecase.com Zachary Brian Dickens, MiamiLitigationFileRoom@whitecase.com Physically Served: Case No: 2023-020202-CA-01 Page 4 of 4