Preview
Filing
# 156943963 E-Filed 09/07/2022 04:39:45 PM
a oo
f#: 1184-1496B
RETURN OF SERVICE
IN THE CIRCUIT COURT OF MANATEE COUNTY, FLORIDA
PLAINTIFF LAKEVIEW LOAN SERVICING, LLC.; et seq.
DEFENDANT JAMES L. BERNHARDT JR, ET AL,
DEFENDANT UNKNOWN SPOUSE OF JAMES L. BERNHARDT, JR.
TO BE SERVED
CASE NO 41-2022-CA-003092 TYPE OF PROCESS COMPLAINT, LIS PENDENS, SUMMONS
DIVISION
Ireceived this process on the 8/31/2022 at 8:00 AM AT ADDRESS: 5308 10STH TER E
I ( )served (x) not served the within named defendant. WHERE SERVED PARRISH, FL 34219
ON DATE/TIME: 9/1/2022 7:42 PM. (OR ATTEMPTED)
(x) NON-SERVICE: For the reason that after diligent efforts, I could not serve the Defendant identified above at the address stated above.
Military Status: ( ) Refused ()No () Yes Branch:
Marital Status: ( ) Refused () Not married () Married () Married, but separated
Mobile Home: No
COMMENTS:
09/01/2022 07: :00 PM - Non-service not m
Thereby certify that I am over the age of 18, am not a party to this action and have no interest in the process being served, and Iam a Certified Process Server or
Special Process Server in good standing in the judicial circuit/county in which the process was served, and/or am otherwise duly authorized to have served process in
the jurisdiction where process was served.
"Under penaltiesof per I declare that I have read the fo oing doc! nt and that the facts stated in it e true.” F.S. 92.525
La Qe Notary Not Required Pursuant to FS 92.525
Server Signature / ProVest Case id # 6476370.
Tommy Down - Process Server ID: 323/157346/1311
Title (if applicable): CERTIFIED PROCESS SERVER
"2022CA003092AX" 156943963 Filed at Manatee County Clerk 09/07/2022 04:39:45 PM EDT
Non-Served on 09/01/2022 7:42 PM
Filing # 154347445 E-Filed 07/29/2022 02:57:52 PM
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR MANATEE COUNTY, FLORIDA
LAKEVIEW LOAN SERVICING, LLC., CASE NO, 2022CA003092
Plaintiffs), DIVISION
vs.
JAMES L. BERNHARDT, JR; UNKNOWN
SPOUSE OF JAMES L. BERNHARDT, JR.;
HARRISON RANCH HOMEOWNERS'
ASSOCIATION, INC; UNKNOWN
TENANT #1; UNKNOWN TENANT #2;
Defendant(s).
UMMONS:
THE STATE OF FLORIDA
TO EACH SHERIFF OF THE STATE: You are commanded to serve this summons and a copy of the
complaint in this lawsuit on the above-named defendant.
TO:
UNKNOWN SPOUSE OF JAMES L. BERNHARDT, JR.
5308 105TH TER E
PARRISH, FL 34219
7/29/2022
DATED ON. Angelina "Angel" Colonneso
eas, CLERK OF THE CIRCUIT COURT
(SEAL) % \z)
B
As Deputy Clerk
IMPORTANT
A lawsuit has been filed against you. You have twenty (20) calendar days after this summons is
served on you to file a written response to the attached complaint with the clerk of this court at
Manatee County Clerk of the Court, 1115 Manatee Avenue West, Bradenton, FL, 34205. A phone
call will not protect you. Your written response, including the case number given above and the
names of the parties, must be filed if you want the court to hear your side of the case. If you do not
file your response on time, ‘ou may lose the case, and your wages, money, and property may
i
thereafter be taken without ‘urther warning from the court. There are other legal requirements.
If ‘ou do not know an attorney, you may call an
You may want to call an attorney right awa’
attorney referral service or a legal aid office (list ed in the phone book).
1184-1496B
Ref# 1572
“2022CA003092AX" 154347445 Filed at Manatee County Clerk 07/29/2022 02:57:50 PM EDT
"2022CA003092AX" 156943963 Filed at Manatee County Clerk 09/07/2022 04:39:45 PM EDT
Non-Served on 09/01/2022 7:42 PM
If you choose to file a written response yourself, at the same time you file your written response
to the court you must also mail or take a copy of your written response to the "Plaintiff/Plaintiff's
Attorney” named below.
IMPORTANTE
Usted ha sido demandado legalmente. Tiene 20 dias, contados a partir del recibo de esta
notificacion, para contestar la demanda adjunta, por escrito, y presentarla ante este tribunal. Una
llamada telefonica no lo protegera. Si usted desea que el tribunal considere su defensa, debe
presentar su respuesta por escrito, incluyendo el numero del caso y los nombres de las partes
diese perder el caso podria ser
interesadas. Si usted no contesta la demanda a tiempo,
despojado de sus ingresos y ‘opiedades, o privado de sus lerechos,de
Existen otros requisitos legales. Si lo desea, puede usted consultar a
sin previo aviso del tribunal.
un abogado inmediatamente.
Si no conoce a un abogado, puede llamar a una de las oficinas de asistencia legal o un servicio de
reterencia de abogados que aparecen en la guia telefonica.
Si desea responder a la demanda por su cuenta, al mismo tiempo en
el tribunal, debera usted enviar por correo o entregar una copia
denominada abajo como “Plaintiff/Plaintiff’s ttorney”
d jue presenta su respuesta ante
le su respuesta a la persona
(Demandante o Abogado del
Demandante).
IMPORTANT
Des poursuites judiciares ont ete entreprises contre vous. Vous avez 20 jours consecu-tifs a partir
de la date de assignation de cette citation pour deposer une reponse ecrite a la plainte ci-jointe
abl res de ce tribunal. Un simple coup de telephone est insuffisant pour vous proteger. Vous etes
iges de deposer votre reponse ecrite, avec mention du numero de dossier ci-dessus et du nom
3;
des parties nommees ici, si vous souhaitez que Ie tribunal entende votre cause. Si vous ne deposez
pas votre reponse ecrite dans le relai requis, vous risquez de perdre la cause ainsi que votre salaire,
votre argent, et vos biens peuvent etre saisis par la suite, sans aucun preavis ulterieur du tribunal.
Il y a d’autres obligations juridiques et vous pouvez requerir les services immediats d’un avocat.
Si vous ne connaissez pas d’avocat, vous pourriez telephoner a un service de reference d’avocats
ou a un bureau d’assistance juridique (figurant a l’annuaire de telephones),
Si vous choisissez de dey ser vous-meme une reponse ecrite, il vous faudra egale-ment, en meme
temps ue cette formalite, faire parvenir ou expedier une copie de votre reponse ecrite au
“Plaintiff/Plaintiff's Attorney” (Plaignant ou a son avocat) nomme ci-dessous
Aldridge Pite, LLP
Attorney for Plaintiff(s)
5300 West Atlantic Avenue
Delray Bach FL 33484
ServiceMail@aldridgepite.com
In and for Manatee County:
If you cannot afford an attorney, contact Gulfcoast Legal Services at
(941) 746-6151 or www.gulfcoastlegal.org, or Legal Aid of Manasota
at (941) 747-1628 or www.legalaidofmanasota.org. If you do not
qualify for free legal assistance or do not know an attorney, you may
email an attorney referral service (listed in the phone book) or contact
the Florida Bar Lawyer Referral Service at (800) 342-8011.
1184-1496B
Ref 1572
“2022CA003092AX" 154347445 Filed at Manatee County Clerk 07/29/2022 02:57:50 PM EDT
"2022CA003092AX" 156943963 Filed at Manatee County Clerk 09/07/2022 04:39:45 PM EDT
IN THE COUNTY COURTS OF THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR SARASOTA, MANATEE, AND DESOTO COUNTIES, FLORIDA
ADMINISTRATIVE ORDER 2621-17.1
RE: STANDING ORDER AND CASE MANAGEMENT REPORT
FOR COUNTY COURT CIVIL CASE MANAGEMENT
IN DESOTO, MANATEE AND SARASOTA COUNTIES
/
In accordance with Article V, section 7, Florida Constitution, section 43.26, Florida
Statutes, and pursuant to the authority vested in Rule 2.215, Florida Rules of General Practice
and Judicial Administration, establishing a Standing Order and case management report for civil
case management in county court that addresses the parties’ responsibilities in original actions is
necessary for the efficient and proper administration of justice.
NOW, THEREFORE, IT IS ORDERED as follows:
1 A Standing Order for county court civil case management, attached as “Attachment
A”, and a County Civil Case Management Report, attached as “Attachment B”, shall
be filed with all county civil complaints, except for eviction complaints or other
summary proceedings filed under section 51.011, Florida Statutes.
The Clerks of Court in Sarasota, Manatee, and Desoto Counties are directed to
require that any county civil complaint or petition filed, except for eviction
complaints or other summary proceedings filed under section 51.011, Florida
Statutes, have a copy of this Standing Order for County Civil Case Management and
the County Civii Case Management Report attached thereto.
The Clerk of Court is directed to reject any new County Civil Complaint/Petition (not
including evictions or other summary proceedings) that does not include this Standing
Order and County Civil Case Management Report.
All Plaintiffs shall include in their initial filing of a case a copy of this Standing Order
and County Civil Case Management Report and serve a copy of this Standing Order
and Case Management Report upon all Defendants with the initial process. It is the
responsibility of the Petitioner and/or Petitioner’s counsel to provide the Respondent
with a copy of the Standing Order and County Civil Case Management Report by
including it with the petition at the time of service.
Failure to comply with the terms of the standing order may result in appropriate
sanctions against the offending party.
Page | of 6
"2022CA003092AX" 156943963 Filed at Manatee County Clerk 09/07/2022 04:39:45 PM EDT
6. This Administrative Order is effective October 11, 2021 and shall remain in effect
until amended by further administrative order of the Chief Judge.
DONE AND ORDERED in Sarasota County, Florida, this 27th day of September, 2021
Liga)
CHARLES E. ROBERTS.
CHIEF JUDGE
Original to: Clerk of Court, Sarasota County
Copy to: Clerk of Court, Manatee County
Clerk of Court, Desoto County
All £2" Circuit County Court Judges
Kim Miller, Court Administrator
Monica Ausborn, Court Operations Manager
12" Circuit Bar Associations
Page 2 of 6
"2022CA003092AX" 156943963 Filed at Manatee County Clerk 09/07/2022 04:39:45 PM EDT
“ATTACHMENT A”
IN THE COUNTY COURT OF THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR SARASOTA, MANATEE, AND DESOTO COUNTIES, FLORIDA.
ISSUED PURSUANT TO ADMINISTRATIVE ORDER 2021-17.1
STANDING ORDER FOR COUNTY COURT CIVIL CASE MANAGEMENT
(For General Track and Streamlined Cases)
The following Standing Order for County Civil Cases applies to all County Civil cases,
except eviction and other summary proceedings filed under 51.011, Florida Statutes, The
Twelfth Judicial Circuit’s County Civil Case Management Protocol directs the Clerks of Court in
Sarasota, Manatee, and DeSoto Counties to require that any County Civil Complaint, except for
eviction complaints or other summary proceedings filed under section 51.011, Florida Statutes,
have a copy of this Standing Order for County Civil Case Management and the County Civil
Case Management Report attached hereto.
1 The parties shall meet and confer within 30 days after the last party is served with
initial process to discuss, and jointly complete, the Case Management Report. The
parties must submit the completed Case Management Report to the Court within 5
days after the initial meet and confer.
The Court’s expectation is that the parties in most cases will agree to various
deadlines in the Case Management Report and will not have to appear at an Initial
Case Management Conference. If, however, there is disagreement on completing the
Case Management Report, the parties must appear at an Initial Case Management
Conference.
Based on the Case Management Report, the Court will enter a Case Management
Order, a Trial Order, or both. The Case Management Order will tell the parties
whether they are excused from attending an Initial Case Management, and it will set
various deadlines that will govern the progression of the case. The parties must
adhere to these deadlines unless changed by the Court upon a showing of good cause.
Procrastination in completing discovery or the known unavailability of counsel! not
timely addressed will not constitute good cause for a change to these deadfines. The
failure to abide by these deadlines may result in sanctions by the Court, including the
award of attorney’s fees, the striking of pleadings, and/or a dismissal of the action.
This case has been designated either as a “streamlined” or a “general track” case.
General track and jury cases should be disposed of within 18 months of filing, and
streamlined and non-jury cases should be disposed of within 12 months of filing. See
Fla. R. Gen. Prac. & Jud. Admin. 2.250(a)(1)(B). Parties who seek an extended trial
date beyond these time standards may be required to appear at an Initial Case
Management Conference.
Page 3 of 6
"2022CA003092AX" 156943963 Filed at Manatee County Clerk 09/07/2022 04:39:45 PM EDT
For small claims cases that proceed under one or more of the Florida Rules of Civil
Procedure, pursuant to Fla. Sm. Cl. R. 7.020(c) if the deadline for the trial date
specified in Fla, Sm. Cl. R. 7.090(d) no longer applies in the case, the Court shall
attach this Standing Order and the Case Management Report to any Order invoking
the Rules of Civil Procedure,
The parties, or their attorneys, shall meet and confer within 30 days after the last
party is served with initial process, or order invoking Rules of Civil Procedure is
entered, to meet, confer, and jointly complete the Case Management Report.
The parties or their counsel shall file the signed, completed Case Management Report
within 5 days after the first meet and confer conference. Concurrently, the parties
shall provide a copy of that Case Management Report to the assigned judge’s
designated email, copying all parties. If there is no agreement, each party shall file
their proposed Case Management Report and concurrently email the Court’s judicial
assistant with it, copying all parties.
The attorneys shall comply with the Local Rules of the Twelfth Judicial Circuit and
the Standards of Professionalism of the Twelfth Judicial Circuit, each of which is
posted on the Court’s website: www.jud12.flcourts.org.
DONE AND ORDERED in Sarasota County, Florida, on this 27" day of September,
2021.
CHARLES E. ROBERTS
CHIEF JUDGE
Page 4 of 6
"2022CA003092AX" 156943963 Filed at Manatee County Clerk 09/07/2022 04:39:45 PM EDT
“ATTACHMENT B”
IN THE COUNTY COURT OF THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR SARASOTA, MANATEE, AND DESOTO COUNTIES, FLORIDA
LAKEVIEW LOAN SERVICING, LLC.,
Plaintiff(s) / Petitioner(s),
v Case No.:
Division:
JAMES L. BERNHARDT, JR; et al.,
Defendant(s) / Respondent(s).
CASE MANAGEMENT REP. T
(for use in General and Streamlined Civil Cases)
Did ail parties meet and confer as required?
1] Yes
C1 No (must schedule Case Management Conference unless the Court excuses you.)
Is this ease a General! or Streamlined? Civil Case?
a General
© Streamlined
This Case Management Report is submitted on behalf of:
D All parties named in this lawsuit, each of whom agrees to this Report.
0 Oaly on behalf of the following party or parties:
The Court, in establishing case management deadlines, will give due regard to the parties’
proposed deadlines. As required by various administrative orders, case management deadlines established
in the Case Management Order will be strictly enforced. A party must demonstrate good cause for a date
to be changed.
DEADLINE, EVENT, OR QUESTION MAXIMUM RESPONSE
DEADLINE PERIOD
Do all parties agree to this Case Management D Yes ONo
Report? (If no, you must schedule a Case
Management Conference unless excused by the Court)
Deadline for all objections to pleadings and pre- 45 days after filing and
trial motions to be resolved prior to the pre-trial
conference
Deadline to file initial witness and exhibit lists.
(The Court recommends 15 days before the Pre-Trial
Conference date in jury cases and 15 days before the
Trial Period in a nonjury case.)
+ Ail county civil cases are “general,” unless otherwise specifically designated as complex or streamlined.
“Complex”
2
cases are civil cases that have been or may be designated by court order as complex under Rule 1.201.
2 “Streamlined” cases are uncontested cases, cases not entitled to jury trial, or cases where a jury trial is not
demanded, and anticipated trial length is less than two days,
Page 5 of 6
"2022CA003092AX" 156943963 Filed at Manatee County Clerk 09/07/2022 04:39:45 PM EDT
Discovery deadline. No discovery may occur after 450 days after
this date without Court permission or agreement Complaint filed for
of all parties. general cases, 270 days
for streamlined
Dispositive motions (i.c., summary judgment) and
Daubert motion deadline to be filed. (The Court
recommends no later than 30 days before the trial)
Dispositive motion (i.e., summary judgment) and
Daubert motion deadline to be heard. (These
motions may not be heard within 15 days before the
first day of the trial without Court permission. Any
pending motion not heard by the Court by this
deadline will be denied.)
Mediation deadline 450 days after
Complaint filed for
general cases, 270 days
for streamlined
Projected trial date 18 months after
Complaint filed for
general cases, 12
months for streamlined
This Case Management Report is agreed to by:
Plaintiff/Plaintiff's counsel Defendant/Defendant’s counsel
Counsel Bar No.: Counsel Bar No.:
Address: Address:
Email: Email:
Phone: Phone:
Page 6 of 6
"2022CA003092AX" 156943963 Filed at Manatee County Clerk 09/07/2022 04:39:45 PM EDT
Preview
Filing # 156943963 E-Filed 09/07/2022 04:39:45 PM a oo f#: 1184-1496B RETURN OF SERVICE IN THE CIRCUIT COURT OF MANATEE COUNTY, FLORIDA PLAINTIFF LAKEVIEW LOAN SERVICING, LLC.; et seq. DEFENDANT JAMES L. BERNHARDT JR, ET AL, DEFENDANT UNKNOWN SPOUSE OF JAMES L. BERNHARDT, JR. TO BE SERVED CASE NO 41-2022-CA-003092 TYPE OF PROCESS COMPLAINT, LIS PENDENS, SUMMONS DIVISION Ireceived this process on the 8/31/2022 at 8:00 AM AT ADDRESS: 5308 10STH TER E I ( )served (x) not served the within named defendant. WHERE SERVED PARRISH, FL 34219 ON DATE/TIME: 9/1/2022 7:42 PM. (OR ATTEMPTED) (x) NON-SERVICE: For the reason that after diligent efforts, I could not serve the Defendant identified above at the address stated above. Military Status: ( ) Refused ()No () Yes Branch: Marital Status: ( ) Refused () Not married () Married () Married, but separated Mobile Home: No COMMENTS: 09/01/2022 07: :00 PM - Non-service not m Thereby certify that I am over the age of 18, am not a party to this action and have no interest in the process being served, and Iam a Certified Process Server or Special Process Server in good standing in the judicial circuit/county in which the process was served, and/or am otherwise duly authorized to have served process in the jurisdiction where process was served. "Under penaltiesof per I declare that I have read the fo oing doc! nt and that the facts stated in it e true.” F.S. 92.525 La Qe Notary Not Required Pursuant to FS 92.525 Server Signature / ProVest Case id # 6476370. Tommy Down - Process Server ID: 323/157346/1311 Title (if applicable): CERTIFIED PROCESS SERVER "2022CA003092AX" 156943963 Filed at Manatee County Clerk 09/07/2022 04:39:45 PM EDT Non-Served on 09/01/2022 7:42 PM Filing # 154347445 E-Filed 07/29/2022 02:57:52 PM IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR MANATEE COUNTY, FLORIDA LAKEVIEW LOAN SERVICING, LLC., CASE NO, 2022CA003092 Plaintiffs), DIVISION vs. JAMES L. BERNHARDT, JR; UNKNOWN SPOUSE OF JAMES L. BERNHARDT, JR.; HARRISON RANCH HOMEOWNERS' ASSOCIATION, INC; UNKNOWN TENANT #1; UNKNOWN TENANT #2; Defendant(s). UMMONS: THE STATE OF FLORIDA TO EACH SHERIFF OF THE STATE: You are commanded to serve this summons and a copy of the complaint in this lawsuit on the above-named defendant. TO: UNKNOWN SPOUSE OF JAMES L. BERNHARDT, JR. 5308 105TH TER E PARRISH, FL 34219 7/29/2022 DATED ON. Angelina "Angel" Colonneso eas, CLERK OF THE CIRCUIT COURT (SEAL) % \z) B As Deputy Clerk IMPORTANT A lawsuit has been filed against you. You have twenty (20) calendar days after this summons is served on you to file a written response to the attached complaint with the clerk of this court at Manatee County Clerk of the Court, 1115 Manatee Avenue West, Bradenton, FL, 34205. A phone call will not protect you. Your written response, including the case number given above and the names of the parties, must be filed if you want the court to hear your side of the case. If you do not file your response on time, ‘ou may lose the case, and your wages, money, and property may i thereafter be taken without ‘urther warning from the court. There are other legal requirements. If ‘ou do not know an attorney, you may call an You may want to call an attorney right awa’ attorney referral service or a legal aid office (list ed in the phone book). 1184-1496B Ref# 1572 “2022CA003092AX" 154347445 Filed at Manatee County Clerk 07/29/2022 02:57:50 PM EDT "2022CA003092AX" 156943963 Filed at Manatee County Clerk 09/07/2022 04:39:45 PM EDT Non-Served on 09/01/2022 7:42 PM If you choose to file a written response yourself, at the same time you file your written response to the court you must also mail or take a copy of your written response to the "Plaintiff/Plaintiff's Attorney” named below. IMPORTANTE Usted ha sido demandado legalmente. Tiene 20 dias, contados a partir del recibo de esta notificacion, para contestar la demanda adjunta, por escrito, y presentarla ante este tribunal. Una llamada telefonica no lo protegera. Si usted desea que el tribunal considere su defensa, debe presentar su respuesta por escrito, incluyendo el numero del caso y los nombres de las partes diese perder el caso podria ser interesadas. Si usted no contesta la demanda a tiempo, despojado de sus ingresos y ‘opiedades, o privado de sus lerechos,de Existen otros requisitos legales. Si lo desea, puede usted consultar a sin previo aviso del tribunal. un abogado inmediatamente. Si no conoce a un abogado, puede llamar a una de las oficinas de asistencia legal o un servicio de reterencia de abogados que aparecen en la guia telefonica. Si desea responder a la demanda por su cuenta, al mismo tiempo en el tribunal, debera usted enviar por correo o entregar una copia denominada abajo como “Plaintiff/Plaintiff’s ttorney” d jue presenta su respuesta ante le su respuesta a la persona (Demandante o Abogado del Demandante). IMPORTANT Des poursuites judiciares ont ete entreprises contre vous. Vous avez 20 jours consecu-tifs a partir de la date de assignation de cette citation pour deposer une reponse ecrite a la plainte ci-jointe abl res de ce tribunal. Un simple coup de telephone est insuffisant pour vous proteger. Vous etes iges de deposer votre reponse ecrite, avec mention du numero de dossier ci-dessus et du nom 3; des parties nommees ici, si vous souhaitez que Ie tribunal entende votre cause. Si vous ne deposez pas votre reponse ecrite dans le relai requis, vous risquez de perdre la cause ainsi que votre salaire, votre argent, et vos biens peuvent etre saisis par la suite, sans aucun preavis ulterieur du tribunal. Il y a d’autres obligations juridiques et vous pouvez requerir les services immediats d’un avocat. Si vous ne connaissez pas d’avocat, vous pourriez telephoner a un service de reference d’avocats ou a un bureau d’assistance juridique (figurant a l’annuaire de telephones), Si vous choisissez de dey ser vous-meme une reponse ecrite, il vous faudra egale-ment, en meme temps ue cette formalite, faire parvenir ou expedier une copie de votre reponse ecrite au “Plaintiff/Plaintiff's Attorney” (Plaignant ou a son avocat) nomme ci-dessous Aldridge Pite, LLP Attorney for Plaintiff(s) 5300 West Atlantic Avenue Delray Bach FL 33484 ServiceMail@aldridgepite.com In and for Manatee County: If you cannot afford an attorney, contact Gulfcoast Legal Services at (941) 746-6151 or www.gulfcoastlegal.org, or Legal Aid of Manasota at (941) 747-1628 or www.legalaidofmanasota.org. If you do not qualify for free legal assistance or do not know an attorney, you may email an attorney referral service (listed in the phone book) or contact the Florida Bar Lawyer Referral Service at (800) 342-8011. 1184-1496B Ref 1572 “2022CA003092AX" 154347445 Filed at Manatee County Clerk 07/29/2022 02:57:50 PM EDT "2022CA003092AX" 156943963 Filed at Manatee County Clerk 09/07/2022 04:39:45 PM EDT IN THE COUNTY COURTS OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR SARASOTA, MANATEE, AND DESOTO COUNTIES, FLORIDA ADMINISTRATIVE ORDER 2621-17.1 RE: STANDING ORDER AND CASE MANAGEMENT REPORT FOR COUNTY COURT CIVIL CASE MANAGEMENT IN DESOTO, MANATEE AND SARASOTA COUNTIES / In accordance with Article V, section 7, Florida Constitution, section 43.26, Florida Statutes, and pursuant to the authority vested in Rule 2.215, Florida Rules of General Practice and Judicial Administration, establishing a Standing Order and case management report for civil case management in county court that addresses the parties’ responsibilities in original actions is necessary for the efficient and proper administration of justice. NOW, THEREFORE, IT IS ORDERED as follows: 1 A Standing Order for county court civil case management, attached as “Attachment A”, and a County Civil Case Management Report, attached as “Attachment B”, shall be filed with all county civil complaints, except for eviction complaints or other summary proceedings filed under section 51.011, Florida Statutes. The Clerks of Court in Sarasota, Manatee, and Desoto Counties are directed to require that any county civil complaint or petition filed, except for eviction complaints or other summary proceedings filed under section 51.011, Florida Statutes, have a copy of this Standing Order for County Civil Case Management and the County Civii Case Management Report attached thereto. The Clerk of Court is directed to reject any new County Civil Complaint/Petition (not including evictions or other summary proceedings) that does not include this Standing Order and County Civil Case Management Report. All Plaintiffs shall include in their initial filing of a case a copy of this Standing Order and County Civil Case Management Report and serve a copy of this Standing Order and Case Management Report upon all Defendants with the initial process. It is the responsibility of the Petitioner and/or Petitioner’s counsel to provide the Respondent with a copy of the Standing Order and County Civil Case Management Report by including it with the petition at the time of service. Failure to comply with the terms of the standing order may result in appropriate sanctions against the offending party. Page | of 6 "2022CA003092AX" 156943963 Filed at Manatee County Clerk 09/07/2022 04:39:45 PM EDT 6. This Administrative Order is effective October 11, 2021 and shall remain in effect until amended by further administrative order of the Chief Judge. DONE AND ORDERED in Sarasota County, Florida, this 27th day of September, 2021 Liga) CHARLES E. ROBERTS. CHIEF JUDGE Original to: Clerk of Court, Sarasota County Copy to: Clerk of Court, Manatee County Clerk of Court, Desoto County All £2" Circuit County Court Judges Kim Miller, Court Administrator Monica Ausborn, Court Operations Manager 12" Circuit Bar Associations Page 2 of 6 "2022CA003092AX" 156943963 Filed at Manatee County Clerk 09/07/2022 04:39:45 PM EDT “ATTACHMENT A” IN THE COUNTY COURT OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR SARASOTA, MANATEE, AND DESOTO COUNTIES, FLORIDA. ISSUED PURSUANT TO ADMINISTRATIVE ORDER 2021-17.1 STANDING ORDER FOR COUNTY COURT CIVIL CASE MANAGEMENT (For General Track and Streamlined Cases) The following Standing Order for County Civil Cases applies to all County Civil cases, except eviction and other summary proceedings filed under 51.011, Florida Statutes, The Twelfth Judicial Circuit’s County Civil Case Management Protocol directs the Clerks of Court in Sarasota, Manatee, and DeSoto Counties to require that any County Civil Complaint, except for eviction complaints or other summary proceedings filed under section 51.011, Florida Statutes, have a copy of this Standing Order for County Civil Case Management and the County Civil Case Management Report attached hereto. 1 The parties shall meet and confer within 30 days after the last party is served with initial process to discuss, and jointly complete, the Case Management Report. The parties must submit the completed Case Management Report to the Court within 5 days after the initial meet and confer. The Court’s expectation is that the parties in most cases will agree to various deadlines in the Case Management Report and will not have to appear at an Initial Case Management Conference. If, however, there is disagreement on completing the Case Management Report, the parties must appear at an Initial Case Management Conference. Based on the Case Management Report, the Court will enter a Case Management Order, a Trial Order, or both. The Case Management Order will tell the parties whether they are excused from attending an Initial Case Management, and it will set various deadlines that will govern the progression of the case. The parties must adhere to these deadlines unless changed by the Court upon a showing of good cause. Procrastination in completing discovery or the known unavailability of counsel! not timely addressed will not constitute good cause for a change to these deadfines. The failure to abide by these deadlines may result in sanctions by the Court, including the award of attorney’s fees, the striking of pleadings, and/or a dismissal of the action. This case has been designated either as a “streamlined” or a “general track” case. General track and jury cases should be disposed of within 18 months of filing, and streamlined and non-jury cases should be disposed of within 12 months of filing. See Fla. R. Gen. Prac. & Jud. Admin. 2.250(a)(1)(B). Parties who seek an extended trial date beyond these time standards may be required to appear at an Initial Case Management Conference. Page 3 of 6 "2022CA003092AX" 156943963 Filed at Manatee County Clerk 09/07/2022 04:39:45 PM EDT For small claims cases that proceed under one or more of the Florida Rules of Civil Procedure, pursuant to Fla. Sm. Cl. R. 7.020(c) if the deadline for the trial date specified in Fla, Sm. Cl. R. 7.090(d) no longer applies in the case, the Court shall attach this Standing Order and the Case Management Report to any Order invoking the Rules of Civil Procedure, The parties, or their attorneys, shall meet and confer within 30 days after the last party is served with initial process, or order invoking Rules of Civil Procedure is entered, to meet, confer, and jointly complete the Case Management Report. The parties or their counsel shall file the signed, completed Case Management Report within 5 days after the first meet and confer conference. Concurrently, the parties shall provide a copy of that Case Management Report to the assigned judge’s designated email, copying all parties. If there is no agreement, each party shall file their proposed Case Management Report and concurrently email the Court’s judicial assistant with it, copying all parties. The attorneys shall comply with the Local Rules of the Twelfth Judicial Circuit and the Standards of Professionalism of the Twelfth Judicial Circuit, each of which is posted on the Court’s website: www.jud12.flcourts.org. DONE AND ORDERED in Sarasota County, Florida, on this 27" day of September, 2021. CHARLES E. ROBERTS CHIEF JUDGE Page 4 of 6 "2022CA003092AX" 156943963 Filed at Manatee County Clerk 09/07/2022 04:39:45 PM EDT “ATTACHMENT B” IN THE COUNTY COURT OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR SARASOTA, MANATEE, AND DESOTO COUNTIES, FLORIDA LAKEVIEW LOAN SERVICING, LLC., Plaintiff(s) / Petitioner(s), v Case No.: Division: JAMES L. BERNHARDT, JR; et al., Defendant(s) / Respondent(s). CASE MANAGEMENT REP. T (for use in General and Streamlined Civil Cases) Did ail parties meet and confer as required? 1] Yes C1 No (must schedule Case Management Conference unless the Court excuses you.) Is this ease a General! or Streamlined? Civil Case? a General © Streamlined This Case Management Report is submitted on behalf of: D All parties named in this lawsuit, each of whom agrees to this Report. 0 Oaly on behalf of the following party or parties: The Court, in establishing case management deadlines, will give due regard to the parties’ proposed deadlines. As required by various administrative orders, case management deadlines established in the Case Management Order will be strictly enforced. A party must demonstrate good cause for a date to be changed. DEADLINE, EVENT, OR QUESTION MAXIMUM RESPONSE DEADLINE PERIOD Do all parties agree to this Case Management D Yes ONo Report? (If no, you must schedule a Case Management Conference unless excused by the Court) Deadline for all objections to pleadings and pre- 45 days after filing and trial motions to be resolved prior to the pre-trial conference Deadline to file initial witness and exhibit lists. (The Court recommends 15 days before the Pre-Trial Conference date in jury cases and 15 days before the Trial Period in a nonjury case.) + Ail county civil cases are “general,” unless otherwise specifically designated as complex or streamlined. “Complex” 2 cases are civil cases that have been or may be designated by court order as complex under Rule 1.201. 2 “Streamlined” cases are uncontested cases, cases not entitled to jury trial, or cases where a jury trial is not demanded, and anticipated trial length is less than two days, Page 5 of 6 "2022CA003092AX" 156943963 Filed at Manatee County Clerk 09/07/2022 04:39:45 PM EDT Discovery deadline. No discovery may occur after 450 days after this date without Court permission or agreement Complaint filed for of all parties. general cases, 270 days for streamlined Dispositive motions (i.c., summary judgment) and Daubert motion deadline to be filed. (The Court recommends no later than 30 days before the trial) Dispositive motion (i.e., summary judgment) and Daubert motion deadline to be heard. (These motions may not be heard within 15 days before the first day of the trial without Court permission. Any pending motion not heard by the Court by this deadline will be denied.) Mediation deadline 450 days after Complaint filed for general cases, 270 days for streamlined Projected trial date 18 months after Complaint filed for general cases, 12 months for streamlined This Case Management Report is agreed to by: Plaintiff/Plaintiff's counsel Defendant/Defendant’s counsel Counsel Bar No.: Counsel Bar No.: Address: Address: Email: Email: Phone: Phone: Page 6 of 6 "2022CA003092AX" 156943963 Filed at Manatee County Clerk 09/07/2022 04:39:45 PM EDT