Preview
Filing # 169550815 E-Filed 03/24/2023 09:36:54 AM
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT COURT
IN AND FOR DESOTO COUNTY, FLORIDA
THE BANK OF NEW YORK MELLON
Plaintiff(s)
vs. CASE NO.:
2022CA000280AXMA
DIVISION:
GLORIA A ANTHONY, LAKE SUZY
PROPERTY OWNERS ASSOCIATION INC,
MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS INC, UNKNOWN TENANT NO 1,
UNKNOWN TENANT NO 2
Defendant(s)
CIRCUIT CIVIL CASE MANAGEMENT ORDER AND
ORDER SETTING INITIAL CASE MANAGEMENT HEARING
(for Streamlined Track cases)
The Twelfth Judicial Circuit’s Civil Case Management Protocol requires the parties to
meet and confer within 30 days after the last party is served with initial process to discuss, and
jointly complete, the attached Case Management Report. A fillable Case Management Report
may be found at https://www.jud12.ficourts.org/A bout/Divisions/Civil. The parties must submit
the completed Case Management Report to the Court within 5 days after the initial meet and
confer (not 5 days after the last conference, if more than one meet and confer).
Separately, the Court sets a mandatory Initial Case Management Conference as follows:
Date & Time: 07/12/2023 at 2:30PM
Location: DeSoto County Courthouse
115 East Oak St., Suite 201
Arcadia, FL 34266
Courtroom: ZOOM
Zoom credential: https://www.zoom.us/ Click “Join A Meeting”
Meeting ID: 978 7041 0216
Password: 028027
Audio: 1.253.215.8782 —only if no video access
Appearance at that Initial Case Management Conference is mandatory, unless excused by
the Court. Fla. R. Civ. P. 1.200(a). Failure to attend could result in the Court dismissing the
Electronically Filed DeSoto Case # 2022CA000280AXMA 03/24/2023 09:36:54 AM
action, striking the pleadings, limiting proof or witnesses, or taking other appropriate action. Fla.
R. Civ. P. 1.200(c). Appearance shall be as follows:
oO The parties must appear in person at the Courthouse.
g The parties must appear by Zoom.
o The parties may choose to appear in person at the Courthouse or by Zoom.
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 the Initial Case Management
Conference. If, however, there is disagreement on completing the Case Management Report, the
parties must appear at the 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 the 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 deadlines. 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 as a “streamlined track” case. Cases are expected to be
resolved well within the timeframes established by Florida Rule of General Practice and Judicial
Administration 2.250(a)(1)(B).
The Court hereby orders:
1 Plaintiff shall serve a copy of this Order upon all defendants within 7 days of initial
process and file a Certification of Compliance in the court file that specifies, at a
minimum, the date of service, the method of service, and specific address served.
The parties, or their attorneys, shall meet and confer within 30 days after the last
party is served with initial process to meet and confer and jointly complete the Case
Management Report, which is attached to this Order.
The parties, or their attorneys, shall file the signed, completed Case Management
Report within 5 days after the first meet and confer conference in the Court file. If
there is no agreement, each party shall file their proposed Case Management.
Each attomey that appears on behalf of a party must file in the Court file a notice of
appearance and designation of email address. If multiple attorneys from the same law
firm appear, each attomey must file a separate notice of appearance and designation
of email address. If an attorney represents multiple parties, the attorney must file a
separate notice of appearance and designation for each party that attorney represents.
This is an on-going requirement for any new attommey that appears during the
litigation. Each attorney that appears is fully responsible for the case.
5. The attomeys 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.
www 1G 2 COUTTS.O1
Court Reporters
The Court does not provide a court reporter. If a party wishes to have a court reporter
present, that party must arrange for the court reporter’s attendance and must notify all other
parties before the hearing.
No Recording Proceedings
By court rule and court order, you are not authorized to make your own audio or visual
recording of a court proceeding. No one may take “screenshots” or other audio or visual
depictions of a court proceeding. Recording a court proceeding is strictly prohibited unless
approved by the Judge. If you violate these rules, you may be held in contempt of court.
Members of the media must comply with rule 2.450 and administrative order 2020-23.2
regarding media coverage. Please contact the Court’s Public Information Officer for further
information.
Late entry or Technical Difficulties
If the hearing is to be by Zoom, and if you are not logged in when the hearing begins, the
judge may not interrupt the proceedings to admit you to the hearing. If you have trouble logging
in, and you wish to participate in the hearing, contact the Court’s Judicial Assistant immediately.
ADA Notice
If you are a person with a disability who needs any accommodation in order to participate
in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please
contact the DeSoto County Clerk of Court, DeSoto County Courthouse, 115 E. Oak Street,
Arcadia, Florida 34266 at (863) 993-4877 within 2 working days of your receipt of this Notice of
Hearing. If hearing impaired, contact (TDD) 1-800-955-8771, 1-800-955-8770 via Florida Relay
Service.
DONE AND ORDERED in DeSoto County, Florida, on 22nd day of March, 2023 .
Aon qo Af ae
eSigned by DON HALL 03/24/2023 09:36:21 G6ORNst-
Don T. Hall , CIRCUIT JUDGE
SERVICE CERTIFICATE
On 3/22/2023 , the Court caused the foregoing document to be served via the Clerk of
Court’s case management system, which served the following individuals via email (where
indicated). On the same date, the Court also served a copy of the foregoing document via First
Class U.S. Mail on the individual who do not have an email address on file with the Clerk of
Court.
ATTORNEY EMAIL ADDRESSES
efiling@shdlegalgroup.com
ANSWERS@DALLEGAL.COM
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT COURT
IN AND FOR DESOTO COUNTY, FLORIDA
THE BANK OF NEW YORK MELLON
Plaintiff(s)
vs. CASE NO.:
2022CA000280AXM
A
DIVISION:
GLORIA A ANTHONY, LAKE SUZY
PROPERTY OWNERS ASSOCIATION
INC, MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS INC,
UNKNOWN TENANT NO 1,
UNKNOWN TENANT NO 2
Defendant(s)
CASE MANAGEMENT REPORT
(for use in Streamlined Cases — Circuit Civil)
Did all parties meet and confer as required?
O Yes.
0 No. (Must attend Initial Case Management Conference unless the Court excuses you.)
Are one or more Defendants defaulted?
O Yes.
ONo.
This Case Management Report is submitted on behalf of:
O All parties named in this lawsuit, each of whom agrees to this Report.
O Only on behalf of the following party or parties:
The parties in this lawsuit request a:
0 Jury trial (to begin within 18 months of the date of filing of the lawsuit).
Proposed trial date:__PTC: _ DS:
O Nonjury trial (to begin within 12 months of the date of filing of the lawsuit).
Proposed trial date: Docket Sounding:
O Residential foreclosure trial (to begin within 7 months of the date of filing).
Proposed trial date: Estimated Days:
Setting the case for trial:
O The parties waive the “at issue” requirement and request the Court to enter an order
setting the case for trial for the date agreed to above.
Page 1 of 2
OO The parties do not waive the “at issue” requirement, and the Plaintiff must send the
Court a proposed order setting the case for the date agreed to above within 15
days of the case being at issue. The Court will set a firm trial date when at issue.
O The parties do not agree to a proposed trial date and will attend Initial Case
Management Conference and will discuss with the Court setting the case for trial.
Trial calendars are posted at https://www.jud12.flcourts.org/About/Divisions/Civil
under “DeSoto,” “Manatee,” “Sarasota,” and “South County (Venice)” tabs.
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 RESPONSE
Do all parties agree to this Case Management Report? (If no, you 0 Yes O1No
must attend the Initial Case Management Conference unless excused
by the Court.)
Date this lawsuit was filed.
Have all Defendants been served? O Yes O No
If all Defendants have not been served, what deadline do you
propose by when the last Defendant will be served?
Deadline for all motions to dismiss directed to the pleadings or
objections to the pleadings to be resolved, including motions to
strike. (If greater than 60 days, parties must appear at the Initial Case
Management Conference, unless excused by the Court.)
Deadline to file expert witness lists for experts used to oppose
affirmative claims. (The Court recommends 60 days before the Pre-
Trial Conference date in jury cases and 60 days before the Trial Period
in nonjury cases.)
Deadline to file final witness and exhibit lists, which list includes
designation of those witnesses and exhibits a party reasonably
believes the party will call or use in trial. (The Court recommends 45
days before the Pre-Trial Conference date in jury cases and 45 days
before the Trial Period in nonjury cases.)
Discovery deadline. No discovery may occur after this date without
Court permission or, only if permitted by the Court, agreement of
Page 2 of 3
all parties. (The Court recommends the Pre-Trial Conference Date for
jury cases and 30 days before the first day of the Trial Period for
nonjury cases.)
Deadline for all motions to be heard. (The Court will not permit
motions to be heard after Docket Sounding without Court permission.
Any pending motion after this date will be denied.)
Mediation deadline (The Court recommends no later than the Pre-
Trial Conference date.)
Magistrate Referral
The Court refers certain matters to a general magistrate as permitted by Florida Rule of
Civil Procedure 1.490(a). The Court will refer all motions directed to the pleadings and all
discovery motions. The parties may agree to additional matters to be referred.
Attorney Appearance
Each attomey that appears on behalf of a party must file a separate notice of appearance
and designation of email address. (Multiple attomeys within the same firm must each file a
separate notice of appearance and designation of email address.) This is an on-going requirement
for any new attorney that appears during the litigation. Each attorney that appears is fully
responsible for the case.
Please identify all known attorneys currently appearing for each party for each status that
parties holds, such as Plaintiff or Defendant. Some parties may have more than one status, such
as Defendant and Counterclaim Plaintiff, and will have multiple entries in the table below. If a
party does not have an attomey, simply complete the Party Name and Status of the table below.
Please remember that each corporate entity must have an attomey represent it. Additionally, an
individual sued in a representative capacity, such as Trustee, must have an attorney represent the
person in the person’s representative capacity.
Party Name Status Attorney Name FL Bar #
Page 3 of 4
The parties agree to this Case Management Report in Case Number 2022CA000280A
XMA :
Name:
Bar Number:
Firm:
Email:
Address 1:
Address 2:
Address 3:
Attomey for:
Date:
Signature
Name:
Bar Number:
Firm:
Email:
Address 1:
Address 2:
Address 3:
Attomey for:
Date:
Signature
Name:
Bar Number:
Firm:
Email:
Address 1:
Address 2:
Address 3:
Attomey for:
Date:
Signature
Page 4 of 5
Certificate of Service
On 07/12/2023, I certify (1) that I sent a copy of the Case Management Report directly to
the assigned judge’s Judicial Assistant AND (2) I either (check one box):
oO electronically filed the foregoing Case Management Report with the Clerk of Court by
using the Florida Court, which will send a copy to:
or
Oo served a copy of the foregoing Case Management Report by First Class U.S. Mail to:
Name:
Bar Number:
Firm:
Email: efiling@shdlegalgroup.com
Address 1:
Address 2:
Address 3:
Attomey for:
Date:
Name:
Bar Number:
Firm:
Email:
Address 1:
Address 2:
Address 3:
Attomey for:
Date:
Name:
Bar Number:
Firm:
Email:
Address 1:
Address 2:
Address 3:
Attomey for:
Date:
Signature
Page 5 of 5
Preview
Filing # 169550815 E-Filed 03/24/2023 09:36:54 AM IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT COURT IN AND FOR DESOTO COUNTY, FLORIDA THE BANK OF NEW YORK MELLON Plaintiff(s) vs. CASE NO.: 2022CA000280AXMA DIVISION: GLORIA A ANTHONY, LAKE SUZY PROPERTY OWNERS ASSOCIATION INC, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC, UNKNOWN TENANT NO 1, UNKNOWN TENANT NO 2 Defendant(s) CIRCUIT CIVIL CASE MANAGEMENT ORDER AND ORDER SETTING INITIAL CASE MANAGEMENT HEARING (for Streamlined Track cases) The Twelfth Judicial Circuit’s Civil Case Management Protocol requires the parties to meet and confer within 30 days after the last party is served with initial process to discuss, and jointly complete, the attached Case Management Report. A fillable Case Management Report may be found at https://www.jud12.ficourts.org/A bout/Divisions/Civil. The parties must submit the completed Case Management Report to the Court within 5 days after the initial meet and confer (not 5 days after the last conference, if more than one meet and confer). Separately, the Court sets a mandatory Initial Case Management Conference as follows: Date & Time: 07/12/2023 at 2:30PM Location: DeSoto County Courthouse 115 East Oak St., Suite 201 Arcadia, FL 34266 Courtroom: ZOOM Zoom credential: https://www.zoom.us/ Click “Join A Meeting” Meeting ID: 978 7041 0216 Password: 028027 Audio: 1.253.215.8782 —only if no video access Appearance at that Initial Case Management Conference is mandatory, unless excused by the Court. Fla. R. Civ. P. 1.200(a). Failure to attend could result in the Court dismissing the Electronically Filed DeSoto Case # 2022CA000280AXMA 03/24/2023 09:36:54 AM action, striking the pleadings, limiting proof or witnesses, or taking other appropriate action. Fla. R. Civ. P. 1.200(c). Appearance shall be as follows: oO The parties must appear in person at the Courthouse. g The parties must appear by Zoom. o The parties may choose to appear in person at the Courthouse or by Zoom. 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 the Initial Case Management Conference. If, however, there is disagreement on completing the Case Management Report, the parties must appear at the 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 the 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 deadlines. 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 as a “streamlined track” case. Cases are expected to be resolved well within the timeframes established by Florida Rule of General Practice and Judicial Administration 2.250(a)(1)(B). The Court hereby orders: 1 Plaintiff shall serve a copy of this Order upon all defendants within 7 days of initial process and file a Certification of Compliance in the court file that specifies, at a minimum, the date of service, the method of service, and specific address served. The parties, or their attorneys, shall meet and confer within 30 days after the last party is served with initial process to meet and confer and jointly complete the Case Management Report, which is attached to this Order. The parties, or their attorneys, shall file the signed, completed Case Management Report within 5 days after the first meet and confer conference in the Court file. If there is no agreement, each party shall file their proposed Case Management. Each attomey that appears on behalf of a party must file in the Court file a notice of appearance and designation of email address. If multiple attorneys from the same law firm appear, each attomey must file a separate notice of appearance and designation of email address. If an attorney represents multiple parties, the attorney must file a separate notice of appearance and designation for each party that attorney represents. This is an on-going requirement for any new attommey that appears during the litigation. Each attorney that appears is fully responsible for the case. 5. The attomeys 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. www 1G 2 COUTTS.O1 Court Reporters The Court does not provide a court reporter. If a party wishes to have a court reporter present, that party must arrange for the court reporter’s attendance and must notify all other parties before the hearing. No Recording Proceedings By court rule and court order, you are not authorized to make your own audio or visual recording of a court proceeding. No one may take “screenshots” or other audio or visual depictions of a court proceeding. Recording a court proceeding is strictly prohibited unless approved by the Judge. If you violate these rules, you may be held in contempt of court. Members of the media must comply with rule 2.450 and administrative order 2020-23.2 regarding media coverage. Please contact the Court’s Public Information Officer for further information. Late entry or Technical Difficulties If the hearing is to be by Zoom, and if you are not logged in when the hearing begins, the judge may not interrupt the proceedings to admit you to the hearing. If you have trouble logging in, and you wish to participate in the hearing, contact the Court’s Judicial Assistant immediately. ADA Notice If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the DeSoto County Clerk of Court, DeSoto County Courthouse, 115 E. Oak Street, Arcadia, Florida 34266 at (863) 993-4877 within 2 working days of your receipt of this Notice of Hearing. If hearing impaired, contact (TDD) 1-800-955-8771, 1-800-955-8770 via Florida Relay Service. DONE AND ORDERED in DeSoto County, Florida, on 22nd day of March, 2023 . Aon qo Af ae eSigned by DON HALL 03/24/2023 09:36:21 G6ORNst- Don T. Hall , CIRCUIT JUDGE SERVICE CERTIFICATE On 3/22/2023 , the Court caused the foregoing document to be served via the Clerk of Court’s case management system, which served the following individuals via email (where indicated). On the same date, the Court also served a copy of the foregoing document via First Class U.S. Mail on the individual who do not have an email address on file with the Clerk of Court. ATTORNEY EMAIL ADDRESSES efiling@shdlegalgroup.com ANSWERS@DALLEGAL.COM IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT COURT IN AND FOR DESOTO COUNTY, FLORIDA THE BANK OF NEW YORK MELLON Plaintiff(s) vs. CASE NO.: 2022CA000280AXM A DIVISION: GLORIA A ANTHONY, LAKE SUZY PROPERTY OWNERS ASSOCIATION INC, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC, UNKNOWN TENANT NO 1, UNKNOWN TENANT NO 2 Defendant(s) CASE MANAGEMENT REPORT (for use in Streamlined Cases — Circuit Civil) Did all parties meet and confer as required? O Yes. 0 No. (Must attend Initial Case Management Conference unless the Court excuses you.) Are one or more Defendants defaulted? O Yes. ONo. This Case Management Report is submitted on behalf of: O All parties named in this lawsuit, each of whom agrees to this Report. O Only on behalf of the following party or parties: The parties in this lawsuit request a: 0 Jury trial (to begin within 18 months of the date of filing of the lawsuit). Proposed trial date:__PTC: _ DS: O Nonjury trial (to begin within 12 months of the date of filing of the lawsuit). Proposed trial date: Docket Sounding: O Residential foreclosure trial (to begin within 7 months of the date of filing). Proposed trial date: Estimated Days: Setting the case for trial: O The parties waive the “at issue” requirement and request the Court to enter an order setting the case for trial for the date agreed to above. Page 1 of 2 OO The parties do not waive the “at issue” requirement, and the Plaintiff must send the Court a proposed order setting the case for the date agreed to above within 15 days of the case being at issue. The Court will set a firm trial date when at issue. O The parties do not agree to a proposed trial date and will attend Initial Case Management Conference and will discuss with the Court setting the case for trial. Trial calendars are posted at https://www.jud12.flcourts.org/About/Divisions/Civil under “DeSoto,” “Manatee,” “Sarasota,” and “South County (Venice)” tabs. 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 RESPONSE Do all parties agree to this Case Management Report? (If no, you 0 Yes O1No must attend the Initial Case Management Conference unless excused by the Court.) Date this lawsuit was filed. Have all Defendants been served? O Yes O No If all Defendants have not been served, what deadline do you propose by when the last Defendant will be served? Deadline for all motions to dismiss directed to the pleadings or objections to the pleadings to be resolved, including motions to strike. (If greater than 60 days, parties must appear at the Initial Case Management Conference, unless excused by the Court.) Deadline to file expert witness lists for experts used to oppose affirmative claims. (The Court recommends 60 days before the Pre- Trial Conference date in jury cases and 60 days before the Trial Period in nonjury cases.) Deadline to file final witness and exhibit lists, which list includes designation of those witnesses and exhibits a party reasonably believes the party will call or use in trial. (The Court recommends 45 days before the Pre-Trial Conference date in jury cases and 45 days before the Trial Period in nonjury cases.) Discovery deadline. No discovery may occur after this date without Court permission or, only if permitted by the Court, agreement of Page 2 of 3 all parties. (The Court recommends the Pre-Trial Conference Date for jury cases and 30 days before the first day of the Trial Period for nonjury cases.) Deadline for all motions to be heard. (The Court will not permit motions to be heard after Docket Sounding without Court permission. Any pending motion after this date will be denied.) Mediation deadline (The Court recommends no later than the Pre- Trial Conference date.) Magistrate Referral The Court refers certain matters to a general magistrate as permitted by Florida Rule of Civil Procedure 1.490(a). The Court will refer all motions directed to the pleadings and all discovery motions. The parties may agree to additional matters to be referred. Attorney Appearance Each attomey that appears on behalf of a party must file a separate notice of appearance and designation of email address. (Multiple attomeys within the same firm must each file a separate notice of appearance and designation of email address.) This is an on-going requirement for any new attorney that appears during the litigation. Each attorney that appears is fully responsible for the case. Please identify all known attorneys currently appearing for each party for each status that parties holds, such as Plaintiff or Defendant. Some parties may have more than one status, such as Defendant and Counterclaim Plaintiff, and will have multiple entries in the table below. If a party does not have an attomey, simply complete the Party Name and Status of the table below. Please remember that each corporate entity must have an attomey represent it. Additionally, an individual sued in a representative capacity, such as Trustee, must have an attorney represent the person in the person’s representative capacity. Party Name Status Attorney Name FL Bar # Page 3 of 4 The parties agree to this Case Management Report in Case Number 2022CA000280A XMA : Name: Bar Number: Firm: Email: Address 1: Address 2: Address 3: Attomey for: Date: Signature Name: Bar Number: Firm: Email: Address 1: Address 2: Address 3: Attomey for: Date: Signature Name: Bar Number: Firm: Email: Address 1: Address 2: Address 3: Attomey for: Date: Signature Page 4 of 5 Certificate of Service On 07/12/2023, I certify (1) that I sent a copy of the Case Management Report directly to the assigned judge’s Judicial Assistant AND (2) I either (check one box): oO electronically filed the foregoing Case Management Report with the Clerk of Court by using the Florida Court, which will send a copy to: or Oo served a copy of the foregoing Case Management Report by First Class U.S. Mail to: Name: Bar Number: Firm: Email: efiling@shdlegalgroup.com Address 1: Address 2: Address 3: Attomey for: Date: Name: Bar Number: Firm: Email: Address 1: Address 2: Address 3: Attomey for: Date: Name: Bar Number: Firm: Email: Address 1: Address 2: Address 3: Attomey for: Date: Signature Page 5 of 5