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Filing # 186092335 E-Filed 11/14/2023 01:10:29 PM
IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND
FOR LAKE COUNTY, FLORIDA
LATONYA A STEPHENS AS PERSONAL
REPRESENTATIVE OF THE ESTATE OF
JESSIE O WALKER AKA JESSIE M WALKERCASE NO.: 35-2022-CA-002112-AXXX-XX
DECEASED,
PLAINTIFF
VS.
CLARENCE W BIVENS JR, CURTINE
BIVENS,
DEFENDANTS.
______________________________/
ORDER SETTING CAUSE FOR
PRE-TRIAL CONFERENCE AND JURY TRIAL
AND ORDER OF MEDIATION
THIS CAUSE having come before the Court upon motion of one of the parties, and
it appearing that the above cause is at issue and ready for trial, it is upon consideration
ORDERED that a pre-trial conference in this cause will be held VIA ZOOM –
ZOOM INFORMATION ATTACHED - at 9:00 A.M., on Monday, April 01, 2024,
pursuant to Rule 1.200, Florida Rules of Civil Procedure, to consider all matters suggested
in this rule to simplify the issues and expedite the trial, or other disposition of the case. It
is further ORDERED that:
1. Each party shall be represented at the conference by the attorney who
expects to conduct the actual trial, and who shall be familiar not only with the provisions
and purposes of Fla. R. Civ. P. 1.200, but with his or her own evidence, and who shall have
full authority to make disclosures of facts, to admit and stipulate any undisputed facts and
to waive technical requirements for admission of evidence.
2. WILLFUL FAILURE TO COMPLY WITH THE FOLLOWING WILL
RESULT IN THE ATTORNEY ANSWERING A CONTEMPT OF COURT CITATION.
3. At least five (5) days prior to the pre-trial conference, counsel shall deliver
via email, to the undersigned Judge, and a copy thereof to opposing counsel, the
following:
FILED: LAKE COUNTY, GARY J. COONEY, CLERK, 11/14/2023 02:09:19 PM
A. A brief memorandum setting forth the general nature of the
proceedings, including:
a. the names of all parties;
b. factual contentions of each party;
c. type of action and relief sought;
d. defense interposed;
e. type of counterclaim, if any, and the relief sought thereby;
f. all facts either party will admit.
B. A schedule of all exhibits and documentary evidence which may be
used at trial;
C. A witness list of the names and addresses of all individuals who may
be called to testify at trial;
D. Any requests for preliminary rulings on questions of law and
citations in regard thereto.
E. Jury Instructions
a. Plaintiff shall submit proposed general instructions as to
cause of action and Defendant shall submit proposed defense
or special instructions sought.
F. Statement of Cause.
a. Each party shall submit a proposed statement of the case for
jury instructions.
4. Counsel are encouraged to stipulate to admissibility of evidence listed in
their respective pre-trial memos.
5. All demonstrative aids to be used in the trial shall be agreed to or ruled
upon by the Court prior to the Pretrial Conference.
6. Prior to the pre-trial conference counsel shall confer relative to the
following:
A. The admissibility of documentary evidence and reservations of
objections pertaining only to relevancy and materiality, waiving
those relating to authenticity and/or requirements for custodians;
B. Any matter of law or fact about which there is no issue;
C. Any matters that would simplify the issues or aid in the speedy
disposition of the action; and
D. Possible settlement.
7. Failure of any party to appear by trial counsel or to comply with any other
provisions of this order will be grounds for the Court to strike that party’s pleadings or
take such other action as justice requires, including contempt of court proceedings.
8. Any record made in the course of the conference proceedings shall be
deemed part of the record made upon the trial of this cause, excepting statements relative
to settlement. Counsel shall come prepared to state a computed settlement figure
acceptable to your party, based upon damages and liability that can be proven. If counsel
desires a transcript of the conference, arrangements should be made for it to be taken at
his/her own expense.
9. The trial of this cause shall be reported and it is the responsibility of counsel
for plaintiff to ensure the presence of a qualified reporter for that purpose. Counsel are
encouraged to stipulate to designation of a reporter at or prior to pre-trial conference.
10. Unless extended by order of the Court all discovery shall be completed two
weeks prior to the pre-trial conference date.
11. All motions to include motions in limine need to be filed at least 30 days
prior to the Pre-Trial Conference.
12. Unless a voluntary dismissal is filed which resolves the entire case the parties
are required to comply with the trial order and attend the pre-trial conference.
13. Prior to the trial date, the parties shall schedule a meeting with the
Court’s clerk, for purposes of pre-marking all exhibits. Each party shall furnish the
clerk a schedule of exhibits. Duplicate exhibits shall not be marked. You may contact
the Court’s Clerk, Mrs. Dana Nolette, at 352-253-6026.
MEDIATION
(Applicable only if case has not been mediated)
14. The Attorneys shall mutually agree upon a mediator. The mediator selected
herein shall schedule the mediation conference and shall notice all parties and the court
in writing of the date, time and place of the conference.
15. The mediation conference shall be set at a mutually agreeable time by the
parties. Counsel for the plaintiff shall be responsible for coordinating and scheduling the
mediation within 30 days of the date of this order. Mediation shall be held prior to the
date of the scheduled Pre-Trial Conference.
16. All parties are required to personally attend the mediation conference. Any
corporate party shall be represented by an individual with the full and final decision
making authority to settle the case. Any interested insurance company shall be
represented at the mediation conference by an individual with full and final decision
making authority to authorize the settlement of this case for the limits of the insurance
coverage.
17. All parties shall be completely prepared to mediate in good faith. “Good faith”
is in part characterized by a willingness to make reasonable concessions in order to
resolve the case. A party required to contact a person not present at the mediation in
order to acquire authority to settle is, prima facie, unable to negotiate in good faith with
the authority to settle required by this order. The parties shall present a brief written
summary of facts and issues to the mediator at least one week prior to the scheduled
mediation or they may be faxed to the mediator’s office at least one day prior to the
mediation.
18. The parties comprising the plaintiff shall pay a pro rata share of 50% of the
mediator’s fee and the parties comprising the defendant shall pay a pro rata share of 50%
of the mediator’s fee.
19. The mediator’s report shall be submitted to the court within 10 days of the
completion of mediation.
20. The mediator may charge the parties a minimum fee based upon one hour of
the mediator’s services for each conference which lasts less than one hour. However, any
conference which lasts beyond one hour shall be billed to the parties based upon the actual
time expended during the conference. The mediator may calculate his time in quarter
hour increments.
21. The mediator may bill any party who cancels a mediation session less than 48
hours prior to a mediation conference for one hour of service. Similarly, any party who
fails to attend a mediation conference may be billed for one hour of service.
22. This Order supersedes and replaces any prior Case Management Orders
entered in this matter
23. Failure to comply with the terms of this order may result in the imposition of
any and all sanctions allowed by the Florida Rules of Civil Procedure and Florida Statutes.
THE TRIAL IN THIS CAUSE IS SCHEDULED TO COMMENCE DURING THE
THREE WEEK TRIAL TERM BEGINNING Monday, April 15, 2024 AT 9:00 A.M.
in COURTROOM #4D of the East Wing.
DONE AND ORDERED in Chambers at Tavares, Lake County, Florida, this
Tuesday, November 14, 2023.
___________________________
DAN R. MOSLEY
CIRCUIT JUDGE
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true copy of the foregoing was furnished by e-mail
and/or U. S. Mail to the following addressees, this Tuesday, November 14, 2023.
Joseph C Shoemaker , ,
michelle bottex
___________________________
ANDREA COLUCCIO
JUDICIAL ASSISTANT
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Filing # 186092335 E-Filed 11/14/2023 01:10:29 PM IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR LAKE COUNTY, FLORIDA LATONYA A STEPHENS AS PERSONAL REPRESENTATIVE OF THE ESTATE OF JESSIE O WALKER AKA JESSIE M WALKERCASE NO.: 35-2022-CA-002112-AXXX-XX DECEASED, PLAINTIFF VS. CLARENCE W BIVENS JR, CURTINE BIVENS, DEFENDANTS. ______________________________/ ORDER SETTING CAUSE FOR PRE-TRIAL CONFERENCE AND JURY TRIAL AND ORDER OF MEDIATION THIS CAUSE having come before the Court upon motion of one of the parties, and it appearing that the above cause is at issue and ready for trial, it is upon consideration ORDERED that a pre-trial conference in this cause will be held VIA ZOOM – ZOOM INFORMATION ATTACHED - at 9:00 A.M., on Monday, April 01, 2024, pursuant to Rule 1.200, Florida Rules of Civil Procedure, to consider all matters suggested in this rule to simplify the issues and expedite the trial, or other disposition of the case. It is further ORDERED that: 1. Each party shall be represented at the conference by the attorney who expects to conduct the actual trial, and who shall be familiar not only with the provisions and purposes of Fla. R. Civ. P. 1.200, but with his or her own evidence, and who shall have full authority to make disclosures of facts, to admit and stipulate any undisputed facts and to waive technical requirements for admission of evidence. 2. WILLFUL FAILURE TO COMPLY WITH THE FOLLOWING WILL RESULT IN THE ATTORNEY ANSWERING A CONTEMPT OF COURT CITATION. 3. At least five (5) days prior to the pre-trial conference, counsel shall deliver via email, to the undersigned Judge, and a copy thereof to opposing counsel, the following: FILED: LAKE COUNTY, GARY J. COONEY, CLERK, 11/14/2023 02:09:19 PM A. A brief memorandum setting forth the general nature of the proceedings, including: a. the names of all parties; b. factual contentions of each party; c. type of action and relief sought; d. defense interposed; e. type of counterclaim, if any, and the relief sought thereby; f. all facts either party will admit. B. A schedule of all exhibits and documentary evidence which may be used at trial; C. A witness list of the names and addresses of all individuals who may be called to testify at trial; D. Any requests for preliminary rulings on questions of law and citations in regard thereto. E. Jury Instructions a. Plaintiff shall submit proposed general instructions as to cause of action and Defendant shall submit proposed defense or special instructions sought. F. Statement of Cause. a. Each party shall submit a proposed statement of the case for jury instructions. 4. Counsel are encouraged to stipulate to admissibility of evidence listed in their respective pre-trial memos. 5. All demonstrative aids to be used in the trial shall be agreed to or ruled upon by the Court prior to the Pretrial Conference. 6. Prior to the pre-trial conference counsel shall confer relative to the following: A. The admissibility of documentary evidence and reservations of objections pertaining only to relevancy and materiality, waiving those relating to authenticity and/or requirements for custodians; B. Any matter of law or fact about which there is no issue; C. Any matters that would simplify the issues or aid in the speedy disposition of the action; and D. Possible settlement. 7. Failure of any party to appear by trial counsel or to comply with any other provisions of this order will be grounds for the Court to strike that party’s pleadings or take such other action as justice requires, including contempt of court proceedings. 8. Any record made in the course of the conference proceedings shall be deemed part of the record made upon the trial of this cause, excepting statements relative to settlement. Counsel shall come prepared to state a computed settlement figure acceptable to your party, based upon damages and liability that can be proven. If counsel desires a transcript of the conference, arrangements should be made for it to be taken at his/her own expense. 9. The trial of this cause shall be reported and it is the responsibility of counsel for plaintiff to ensure the presence of a qualified reporter for that purpose. Counsel are encouraged to stipulate to designation of a reporter at or prior to pre-trial conference. 10. Unless extended by order of the Court all discovery shall be completed two weeks prior to the pre-trial conference date. 11. All motions to include motions in limine need to be filed at least 30 days prior to the Pre-Trial Conference. 12. Unless a voluntary dismissal is filed which resolves the entire case the parties are required to comply with the trial order and attend the pre-trial conference. 13. Prior to the trial date, the parties shall schedule a meeting with the Court’s clerk, for purposes of pre-marking all exhibits. Each party shall furnish the clerk a schedule of exhibits. Duplicate exhibits shall not be marked. You may contact the Court’s Clerk, Mrs. Dana Nolette, at 352-253-6026. MEDIATION (Applicable only if case has not been mediated) 14. The Attorneys shall mutually agree upon a mediator. The mediator selected herein shall schedule the mediation conference and shall notice all parties and the court in writing of the date, time and place of the conference. 15. The mediation conference shall be set at a mutually agreeable time by the parties. Counsel for the plaintiff shall be responsible for coordinating and scheduling the mediation within 30 days of the date of this order. Mediation shall be held prior to the date of the scheduled Pre-Trial Conference. 16. All parties are required to personally attend the mediation conference. Any corporate party shall be represented by an individual with the full and final decision making authority to settle the case. Any interested insurance company shall be represented at the mediation conference by an individual with full and final decision making authority to authorize the settlement of this case for the limits of the insurance coverage. 17. All parties shall be completely prepared to mediate in good faith. “Good faith” is in part characterized by a willingness to make reasonable concessions in order to resolve the case. A party required to contact a person not present at the mediation in order to acquire authority to settle is, prima facie, unable to negotiate in good faith with the authority to settle required by this order. The parties shall present a brief written summary of facts and issues to the mediator at least one week prior to the scheduled mediation or they may be faxed to the mediator’s office at least one day prior to the mediation. 18. The parties comprising the plaintiff shall pay a pro rata share of 50% of the mediator’s fee and the parties comprising the defendant shall pay a pro rata share of 50% of the mediator’s fee. 19. The mediator’s report shall be submitted to the court within 10 days of the completion of mediation. 20. The mediator may charge the parties a minimum fee based upon one hour of the mediator’s services for each conference which lasts less than one hour. However, any conference which lasts beyond one hour shall be billed to the parties based upon the actual time expended during the conference. The mediator may calculate his time in quarter hour increments. 21. The mediator may bill any party who cancels a mediation session less than 48 hours prior to a mediation conference for one hour of service. Similarly, any party who fails to attend a mediation conference may be billed for one hour of service. 22. This Order supersedes and replaces any prior Case Management Orders entered in this matter 23. Failure to comply with the terms of this order may result in the imposition of any and all sanctions allowed by the Florida Rules of Civil Procedure and Florida Statutes. THE TRIAL IN THIS CAUSE IS SCHEDULED TO COMMENCE DURING THE THREE WEEK TRIAL TERM BEGINNING Monday, April 15, 2024 AT 9:00 A.M. in COURTROOM #4D of the East Wing. DONE AND ORDERED in Chambers at Tavares, Lake County, Florida, this Tuesday, November 14, 2023. ___________________________ DAN R. MOSLEY CIRCUIT JUDGE CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing was furnished by e-mail and/or U. S. Mail to the following addressees, this Tuesday, November 14, 2023. Joseph C Shoemaker , , michelle bottex ___________________________ ANDREA COLUCCIO JUDICIAL ASSISTANT Judge Mosley is inviting you to a scheduled Zoom meeting. Join Zoom Meeting https://zoom.us/j/98666162530?pwd=NC9zQkxUYk1EdGljWkpVNGQ0b1hlQT09 Meeting ID: 986 6616 2530 Passcode: 935213 One tap mobile +17866351003,,98666162530#,,,,*935213# US (Miami) +16465588656,,98666162530#,,,,*935213# US (New York) Dial by your location +1 786 635 1003 US (Miami) +1 646 558 8656 US (New York) +1 651 372 8299 US (Minnesota) +1 267 831 0333 US (Philadelphia) +1 301 715 8592 US (Washington DC) +1 312 626 6799 US (Chicago) +1 470 250 9358 US (Atlanta) +1 470 381 2552 US (Atlanta) +1 646 518 9805 US (New York) +1 253 215 8782 US (Tacoma) +1 346 248 7799 US (Houston) +1 602 753 0140 US (Phoenix) +1 669 219 2599 US (San Jose) +1 669 900 9128 US (San Jose) +1 720 928 9299 US (Denver) +1 971 247 1195 US (Portland) +1 206 337 9723 US (Seattle) +1 213 338 8477 US (Los Angeles) +48 22 398 7356 Poland +48 22 306 5342 Poland +48 22 307 3488 Poland Meeting ID: 986 6616 2530 Passcode: 935213 Find your local number: https://zoom.us/u/adBncdZ8Jz Join by SIP 98666162530@10.212.72.197 Join by H.323 10.212.72.197 Meeting ID: 986 6616 2530 Passcode: 935213