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Filing # MME E -Filed 07/31/2023 11:28:33 AM
IN THE CIRCUIT COURT OF THE THIRD JUDICIAL CIRCUIT
IN AND FOR HAMILTON COUNTY, FLORIDA
CIRCUIT CIVIL DIVISION
ALLIED FIRST BANK, CASE NO. 24-2023-CA-056
SB DBA SERVBANK,
Plaintiff,
Vs.
DUSTIN S. PARR A/K/A
DUSTIN SHANE PARR, et al.,
Defendants.
/
CASE MANAGEMENT ORDER WITH ATTACHED PLAN
AND PROCEDURES
THIS CAUSE came before the Court on case management review. Based on the review of the
file, and pursuant to Rule 2.545, Fla. R. Jud. Admin., the Court has established an initial case
management plan, and it is hereby
ORDERED that:
1 Case Management Plan: The parties shall comply with the Case Management
Plan (Plan) attached hereto as “Exhibit
A”, until further order of the court. The parties shall
strictly comply with the Plan and should expect that the case will be tried during the trial period
specified therein, absent any continuances.
2 Procedural Requirements: In addition to strict adherence to the Florida Rules of
Civil Procedure and the Administrative Orders of the Court, the parties shall comply with the
Case Management Procedures attached hereto as “Exhibit B”.
3. The parties may not unilaterally extend any of the deadlines contained in the
Case Management Procedures. Deadlines may be altered by the Court where the interests of
justice so requires, upon prompt motion, notice and hearing.
DONE and ORDERED in Chambers at Hamilton County, Florida, on Monday, July 31, 2023.
ee RESON
seas
Z
On DonbaS CAAT OTS bed DADE AMT
Electronically Filed Hamilton County Case # 23000056CAAXMX 07/31/2023 11:28:33 AM
Form Order 2-5
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished using the
Florida Court’s E-Filing E-Portal, via U.S. Mail, and/or Electronic Mail in accordance with the
corresponding addresses listed therein on Monday, July 31, 2023, to the following:
= ICE
Electronic Service List: Carly Johansson, Esquire, , Attorney for
Plaintiff
Mailing Service List: Dustin S. Parr a/k/a Dustin Shane Parr, 3797 NW 96" Pl., Jasper, FL 32052
U.S. Bank Trust National Association, as trustee of CVF II Mortgage Loan Trust II c/o authorized
agent, chief legal officer, general counsel & corporate secretary, 1011 Centre Road, Suite 203,
Wilmington, DE 19805
\.a. OK a
24-2088 CA 00056. CAA 07/31/2023 11:26:38 AM
Form Order 2-5
“EXHIBIT A”
(Foreclosure Case Management Plan)
Deadline for Service of Complaint: Within 120 days after the Complaint is filed pursuant to
Florida Rule of Civil Procedure 1.070(j).
Service under Extension: The time for service shall be extended by the Court
provided that Plaintiff shows good cause or excusable
neglect for the failure to effect service within 120 days.
Service when Adding New Parties: The 120-day period shall begin upon the entry of the order
granting leave to amend complaints to add a new party or
parties.
Date of First Response: (e.g. Answer, The date of first filing by the Defendant(s).
Notice of Appearance, Motion for
Extension of Time, Motion to
Dismiss)
Deadline for Propounding Requests Within 15 days out from the first response date.
for Production, Requests to Admit
and Interrogatories:
Deadline for filing, setting and Within 30 days out from the first response date.
resolving motions directed at
pleadings:
Deadline for Witness and Exhibit At least 30 days prior to trial.
List:
Deadline for Motion for Summary At least 40 days prior to trial.
Judgment or other Dispositive
Motions:
Deadline for nonmovant’s response At least 20 days prior to trial.
to Motion for Summary Judgment
with its supporting factual position:
10. Deadline for Discovery Completion At least 30 days prior to trial.
(Including Depositions):
11 Notice of Trial date week Must include length of trial period and date trial is set to
period: (Trial notice must be sent at commence. Case Manager to issue Trial Order as soon as
least 35 days prior to trial.) case is at issue.
Form Order 2-5
“EXHIBIT B”- CASE MANAGEMENT PROCEDURES
Motion Practice
1. Duty to Communicate: Prior to filing any motion, counsel have a duty to confer with
each other directly in good faith, not through law firm staff, to attempt to narrow or
resolve issues. “In good faith” means you are professional and temperate in your
communications, you return phone calls and emails in a timely manner, and you do not
set unreasonable deadlines for responses.
Scheduling of Hearings: Motions filed (other than dispositive motions or those
requiring testimony) must be noticed for hearing on the first available motion calendar.
Motions for Protective Order: Motions for protective order must be filed as soon as
the grounds are known. Counsel should be coordinating deposition dates for specific
parties/witnesses and have a duty to confer regarding any issues that would be the
subject of a motion for protective order prior to scheduling the deposition. The filing of
the motion must not be delayed until immediately prior to the scheduled deposition. A
motion for protective order does not automatically stay the deposition and the
deposition shall proceed unless an order granting the motion is entered by the Court.
Dispositive Motions: Motions which may dispose of specific issues, portions of the
case or the entire case should be filed and set for hearing as soon as possible. Parties
wishing to pursue a dispositive motion should target the essential discovery promptly.
Parties should confer to assure necessary discovery is scheduled to be completed and
will be completed prior to_a special set hearing date. Last minute cancellations ar
disfavored.
Amendment of Pleadings: Motions to amend should be filed so as not to affect the
date of trial. Although the Court recognizes the rule of liberality with regard to
amendment of pleadings, liberality declines with an approaching trial date unless the
amendment involves newly discovered information not previously available. Review
your pleadings for necessary amendment(s) early, not as part of last minute trial
preparation.
Discovery
6. Written Discovery shall be propounded promptly:
a Objections: If objections to written discovery involve the phrasing of the
request or time frame of any discovery request, these objections may not be
extended (even if the parties agree) and are due at the time the initial response is
due. Failure to timely make these objections, constitutes a waiver. Parties shall
comply with the “Duty to Communicate” above, prior to setting timely made
objections for hearing.
Documents_made_available_for_inspection_and_copying: If discovery
responses provide that the documents are available for inspection and copying at
a mutually convenient time and place, the responding party shall immediately
(within 48 hours) provide three alternative dates and times that the documents
are available for inspection and copying. All of the dates shall be within ten (10)
days. Failure to provide the dates and times shall constitute a failure to respond
Form Order 2-5
to discovery. Review shall occur within fifteen (15) days of the response, absent
extraordinary circumstances. Examples of “extraordinary circumstances”
include a sole practitioner in trial on another case, a medical emergency, prepaid
vacation, and a death in the family.
Privilege Logs: Privilege logs are due at the time of the response and may not
be reserved to be provided later. Privilege logs must specifically identify the
document in accordance with Rule 1.280(b)(6), Fla.R.Civ.P.
Failure to timely provide the privilege log may result in the waiver of the
privilege. This procedure requires preparation of a privilege log with respect to
all documents, electronically stored information, things and oral
communications withheld on the basis of a claim of privilege or work product
except the following: written and oral communications between a party and their
counsel after commencement of the action and work product material created
after commencement of the action.
Parties are instructed that where they believe that the divulgence of the logging
information would necessarily cause disclosure of the allegedly privileged
information, they must identify that the item exists and that in in camera review
by the court will be sought. The item may be described generically. However, if
the Court determines that there is nothing inherent in the divulgence of the
existence of the document or the logging information required that would violate
privilege, the Court will impose sanctions for any in camera request determined
to be frivolous. In camera requests by the party claiming the privilege must be
signed by both the requesting attorney and the client, so as to assure that all are
aware of the request and the consequences.
7. Depositions: The parties are ordered to block time now for necessary depositions to
be set in this case. Depositions may commence at any time. Refer to paragraph 4
above regarding motions for protective order.
Witness and Exhibit Lists
8 Witness and Exhibit Lists: The parties shall timely exchange their witness and
exhibit lists. The lists shall include complete proper names and addresses. If counsel
chooses to list their bar address as the witness’ address, counsel is deemed to have
agreed to produce the witness voluntarily as they have withheld the information
necessary for a witness subpoena, and counsel will be responsible for assuring that
witness’ presence at trial.
Mediation
Mediation: Parties must mediate by the Court’s deadline. The parties are
responsible for assuring that they have all the necessary information to value
their position prior to mediation. If the parties fail to mediate before the
mediation deadline, sanctions shall be imposed by the Court. Failure to timely
mediate shall not constitute just cause for a trial continuance.
Form Order 2-5
Preview
Filing # MME E -Filed 07/31/2023 11:28:33 AM IN THE CIRCUIT COURT OF THE THIRD JUDICIAL CIRCUIT IN AND FOR HAMILTON COUNTY, FLORIDA CIRCUIT CIVIL DIVISION ALLIED FIRST BANK, CASE NO. 24-2023-CA-056 SB DBA SERVBANK, Plaintiff, Vs. DUSTIN S. PARR A/K/A DUSTIN SHANE PARR, et al., Defendants. / CASE MANAGEMENT ORDER WITH ATTACHED PLAN AND PROCEDURES THIS CAUSE came before the Court on case management review. Based on the review of the file, and pursuant to Rule 2.545, Fla. R. Jud. Admin., the Court has established an initial case management plan, and it is hereby ORDERED that: 1 Case Management Plan: The parties shall comply with the Case Management Plan (Plan) attached hereto as “Exhibit A”, until further order of the court. The parties shall strictly comply with the Plan and should expect that the case will be tried during the trial period specified therein, absent any continuances. 2 Procedural Requirements: In addition to strict adherence to the Florida Rules of Civil Procedure and the Administrative Orders of the Court, the parties shall comply with the Case Management Procedures attached hereto as “Exhibit B”. 3. The parties may not unilaterally extend any of the deadlines contained in the Case Management Procedures. Deadlines may be altered by the Court where the interests of justice so requires, upon prompt motion, notice and hearing. DONE and ORDERED in Chambers at Hamilton County, Florida, on Monday, July 31, 2023. ee RESON seas Z On DonbaS CAAT OTS bed DADE AMT Electronically Filed Hamilton County Case # 23000056CAAXMX 07/31/2023 11:28:33 AM Form Order 2-5 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished using the Florida Court’s E-Filing E-Portal, via U.S. Mail, and/or Electronic Mail in accordance with the corresponding addresses listed therein on Monday, July 31, 2023, to the following: = ICE Electronic Service List: Carly Johansson, Esquire, , Attorney for Plaintiff Mailing Service List: Dustin S. Parr a/k/a Dustin Shane Parr, 3797 NW 96" Pl., Jasper, FL 32052 U.S. Bank Trust National Association, as trustee of CVF II Mortgage Loan Trust II c/o authorized agent, chief legal officer, general counsel & corporate secretary, 1011 Centre Road, Suite 203, Wilmington, DE 19805 \.a. OK a 24-2088 CA 00056. CAA 07/31/2023 11:26:38 AM Form Order 2-5 “EXHIBIT A” (Foreclosure Case Management Plan) Deadline for Service of Complaint: Within 120 days after the Complaint is filed pursuant to Florida Rule of Civil Procedure 1.070(j). Service under Extension: The time for service shall be extended by the Court provided that Plaintiff shows good cause or excusable neglect for the failure to effect service within 120 days. Service when Adding New Parties: The 120-day period shall begin upon the entry of the order granting leave to amend complaints to add a new party or parties. Date of First Response: (e.g. Answer, The date of first filing by the Defendant(s). Notice of Appearance, Motion for Extension of Time, Motion to Dismiss) Deadline for Propounding Requests Within 15 days out from the first response date. for Production, Requests to Admit and Interrogatories: Deadline for filing, setting and Within 30 days out from the first response date. resolving motions directed at pleadings: Deadline for Witness and Exhibit At least 30 days prior to trial. List: Deadline for Motion for Summary At least 40 days prior to trial. Judgment or other Dispositive Motions: Deadline for nonmovant’s response At least 20 days prior to trial. to Motion for Summary Judgment with its supporting factual position: 10. Deadline for Discovery Completion At least 30 days prior to trial. (Including Depositions): 11 Notice of Trial date week Must include length of trial period and date trial is set to period: (Trial notice must be sent at commence. Case Manager to issue Trial Order as soon as least 35 days prior to trial.) case is at issue. Form Order 2-5 “EXHIBIT B”- CASE MANAGEMENT PROCEDURES Motion Practice 1. Duty to Communicate: Prior to filing any motion, counsel have a duty to confer with each other directly in good faith, not through law firm staff, to attempt to narrow or resolve issues. “In good faith” means you are professional and temperate in your communications, you return phone calls and emails in a timely manner, and you do not set unreasonable deadlines for responses. Scheduling of Hearings: Motions filed (other than dispositive motions or those requiring testimony) must be noticed for hearing on the first available motion calendar. Motions for Protective Order: Motions for protective order must be filed as soon as the grounds are known. Counsel should be coordinating deposition dates for specific parties/witnesses and have a duty to confer regarding any issues that would be the subject of a motion for protective order prior to scheduling the deposition. The filing of the motion must not be delayed until immediately prior to the scheduled deposition. A motion for protective order does not automatically stay the deposition and the deposition shall proceed unless an order granting the motion is entered by the Court. Dispositive Motions: Motions which may dispose of specific issues, portions of the case or the entire case should be filed and set for hearing as soon as possible. Parties wishing to pursue a dispositive motion should target the essential discovery promptly. Parties should confer to assure necessary discovery is scheduled to be completed and will be completed prior to_a special set hearing date. Last minute cancellations ar disfavored. Amendment of Pleadings: Motions to amend should be filed so as not to affect the date of trial. Although the Court recognizes the rule of liberality with regard to amendment of pleadings, liberality declines with an approaching trial date unless the amendment involves newly discovered information not previously available. Review your pleadings for necessary amendment(s) early, not as part of last minute trial preparation. Discovery 6. Written Discovery shall be propounded promptly: a Objections: If objections to written discovery involve the phrasing of the request or time frame of any discovery request, these objections may not be extended (even if the parties agree) and are due at the time the initial response is due. Failure to timely make these objections, constitutes a waiver. Parties shall comply with the “Duty to Communicate” above, prior to setting timely made objections for hearing. Documents_made_available_for_inspection_and_copying: If discovery responses provide that the documents are available for inspection and copying at a mutually convenient time and place, the responding party shall immediately (within 48 hours) provide three alternative dates and times that the documents are available for inspection and copying. All of the dates shall be within ten (10) days. Failure to provide the dates and times shall constitute a failure to respond Form Order 2-5 to discovery. Review shall occur within fifteen (15) days of the response, absent extraordinary circumstances. Examples of “extraordinary circumstances” include a sole practitioner in trial on another case, a medical emergency, prepaid vacation, and a death in the family. Privilege Logs: Privilege logs are due at the time of the response and may not be reserved to be provided later. Privilege logs must specifically identify the document in accordance with Rule 1.280(b)(6), Fla.R.Civ.P. Failure to timely provide the privilege log may result in the waiver of the privilege. This procedure requires preparation of a privilege log with respect to all documents, electronically stored information, things and oral communications withheld on the basis of a claim of privilege or work product except the following: written and oral communications between a party and their counsel after commencement of the action and work product material created after commencement of the action. Parties are instructed that where they believe that the divulgence of the logging information would necessarily cause disclosure of the allegedly privileged information, they must identify that the item exists and that in in camera review by the court will be sought. The item may be described generically. However, if the Court determines that there is nothing inherent in the divulgence of the existence of the document or the logging information required that would violate privilege, the Court will impose sanctions for any in camera request determined to be frivolous. In camera requests by the party claiming the privilege must be signed by both the requesting attorney and the client, so as to assure that all are aware of the request and the consequences. 7. Depositions: The parties are ordered to block time now for necessary depositions to be set in this case. Depositions may commence at any time. Refer to paragraph 4 above regarding motions for protective order. Witness and Exhibit Lists 8 Witness and Exhibit Lists: The parties shall timely exchange their witness and exhibit lists. The lists shall include complete proper names and addresses. If counsel chooses to list their bar address as the witness’ address, counsel is deemed to have agreed to produce the witness voluntarily as they have withheld the information necessary for a witness subpoena, and counsel will be responsible for assuring that witness’ presence at trial. Mediation Mediation: Parties must mediate by the Court’s deadline. The parties are responsible for assuring that they have all the necessary information to value their position prior to mediation. If the parties fail to mediate before the mediation deadline, sanctions shall be imposed by the Court. Failure to timely mediate shall not constitute just cause for a trial continuance. Form Order 2-5