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IN THE CIRCUIT COURT OF THE SXTH JUDICIAL CIRCUIT
IN AND FOR PINE_LAS COUNTY, FLORIDA
CIRCUIT CIVIL
LUCIAN ZALESKI, El' AL Case No: 23-000460-Cl
Plaintiff
VS.
Division: Section 7
NATIONAL GENERAL INSURANCE COMPANY
Defendant
MANDATORY COVID-19 EMERGENCY CASE MANAGEMENT ORDER (CW)
Whereas, the Florida Supreme Court has issued several administrative orders
implementing temporary measures essential t0 safely administering justice during the COVID-
19 pandemic and the high court has entered its COVID-l9 HEALTH AND SAFETY
PROTOCOLS AND EMERGENCY OPERATIONAL MEASURES FOR FLORIDA
APPELLATE AND TRIAL COURTS, AOSC21-17 which requires presiding judges in
specifically defined civil cases t0 issue case management orders that contain deadlines and
projected trial dates consistent with the time standards specified in the Florida Rules 0f
General Practice and Judicial Administration 2.250(a)(1)(B) for the completion 0f civil cases.
Whereas, the Chief Judge issued Administrative Order 2021-013 PA/PI-CIR RE:
AOSC20—23 COVID—19 EMERGENCY MEASURES AND MANDATORY CIVIL CASE
MANAGEMENT ORDERS and Administrative Order 202 1-012 PA/PI-CIR RE: AOSC20-
23 MANDATORY REVIEW OF PENDING CIVIL CASES AND SUBMISSION OF
AGREED MANDATORY CIVIL CASE MANAGEMENT ORDERS.
In order t0 implement these provisions,
IT IS ORDERED:
Counsel for the parties orpro se individuals who are representing themselves in this
action shall review the status 0f the above styled cause with the specific purpose 0f complying
with Fla. R. Gen. Prac. & Jud. Admin. 2.250 and 2.545 and the Supreme Court case
management and resolution provisions contained in AOSC21—l70r subsequent amendment.
In cases which have been designated as “Complex Litigation” pursuant t0 Fla. R. Civ.
Pro. 1.201, the court has 0r will enter a comprehensive scheduling order in conformity with the
Such case management orders shall include deadlines consistent
stated provisions 0f that rule.
with AOSC21—17 and the mandates t0 conclude the litigation as soon as reasonably possible.
The scheduling orders in complex litigation cases supersede any deadlines listed below.
In cases which are not designated under Rule 1.201 there are two categories 0f actions.
The first category are “Streamlined Cases” which in this circuit are determined t0 be civil
be set for trial before a judge rather than a jury. The second category are
actions that will
“General Cases” which are those civil cases that will be set for a jury trial. T0 comply with the
mandate in AOSC21—17 0r subsequent amendment, the court now orders the following
deadlines t0 be imposed in this case:
***ELECTRON|CALLY FILED 2/16/2023 3:49:58 PM KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY***
1. Deadlines for Service 0f the Complaint
Service 0f process and pleading must be made in conformity with Fla. R. Civ. P. 1.0700)
and if not timely served, the cause shall be subject t0 dismissal. Counsel for plaintiff is
responsible for and required order 0n any Defendant(s) that is a party t0
t0 serve this
the case. Initial service shall be limited t0 120 days after filing and will not be extended
absent a motion filed prior t0 the expiration 0f that period. If a motion t0 amend is
permitted, the period for service shall beginupon entry 0f an order granting leave t0
amend. Motions t0 amend and motions t0 add additional parties are generally liberally
granted; however, the court shall consider the time standards in Rule 0f General
Practice and Judicial Administration 2.250 and the movant’s good faith efforts t0
advance the cause toward a timely disposition in determining whether t0 allow same.
2. Deadlines for Answers and Initial Motions
Answer t0 initial complaints, counterclaims 0r cross claims shall be filed within 20 days
0f service unless otherwise permitted. Any motion raising lack 0f jurisdiction, improper
venue, insufiiciency 0f process 0r service, and any other preliminary matter filed within
the initial 20 days purporting t0 suspend the requirement t0 file formal answers and
defenses shall be brought before the court without delay. T0 insure these are addressed
in a timely fashion, all such motions shall be subject t0 the Sixth Circuit’s
Administrative Order N0. 2020-012 PA/PI- CIR 0r subsequent amendment, which
permits the court t0 rule based upon written submissions. Within 15 days 0f filing the
motion (0r within 15 days 0f this order if such motions are presently past that date)
movant must file and serve a Notice 0f Request for the Court t0 Consider Motion Based
0n Written Submissions without Hearing (see A.O. 2020-012 attachment A) along with
any legal argument and authority. The filing 0f opposition papers and subsequent
submissions t0 the judge are governed by A.O. 2020-012, 0r subsequent amendment.
Assertions that the m0ti0n(s) needs t0 be scheduled for a hearing rather than decided
by written submission should be included for the court’s consideration in addition t0,
but not in lieu 0f, any other memoranda. The court will decide, based 0n submissions, if
hearing with oral argument is needed.
3. Deadlines for Motions after an Answer
After the initial complaint is served and the answer filed the parties
shall have 20 days t0
file any motions directed t0 these pleadings. These motions shall be scheduled for
hearing by the movant as soon as time can be secured 0n the court’s calendar. A date
should be secured and the notice 0f hearing shall be served within 15 days 0f filing (if
that date has already passed the movant has 10 days t0 schedule the hearing and send
the notice). For other pretrial motions A.O. 2020-012, 0r subsequent amendment,
should be used unless the matters involve testimony 0r evidence 0r otherwise require
oral argument. If a hearing will be required the movant shall obtain a time and date
that is cleared with all parties, and send out the notice 0f hearing within 15 days 0f
filing. Of course good faith efforts t0 resolve such matters should be attempted prior t0
setting a hearing.
4. Deadlines for Discovery
The parties may engage in discovery pursuant t0 the civil rules which are t0 be
“construed t0 just, speedy, and inexpensive determination 0f every action.” Bainter v.
League 0f Women Voters, 150 So. 3d 1115, 1118 (Fla.2014). Although investigation and
preparation may occur prior t0 the formal discovery methods in Rule 1.280, such
formal methods should be conducted With the time standards in Rule 2.250 in mind.
Those time standards are 18 months from initial filing t0 final disposition in jury cases
and 12 months in non—jury cases. Fact and expert witnesses should be disclosed and
discovery completed within 270 days from service of the complaint 0n the last 0f all
named defendants, in jury trial cases, 01' Within 150 days from the last served
defendant, in non-jury cases. If those dates have already passed in this case then the
parties are given 90 days from the date 0fthis order t0 complete discovery.
5. Scheduling Mediation
Once there has been suficient discovery for the parties t0 know the strengths and
weaknesses 0f the respective positions in the case then alternative dispute resolution
should be considered as a way t0 reach a resolution and reduce the time and expense
associated with continued litigation. If mediation has not yet occurred in this case then it
should be scheduled once the above described discovery deadline has passed, if not
m
sooner. Mediation should be scheduled and completed within 90 days following the
completion 0f discovery as required in paragraph 4 above.
6.
Fina] disposition in cases may ultimately require a trial. The setting 0f an action for trial
is governed by Rule 1.440 and requires the cause t0 be “at issue”. An action is at issue
after any motions directed t0 the last pleading served have been disposed 0f 0r, if n0
such motions are served, 20 days after service 0f the last pleading. If the case is at issue
and the discovery deadline (paragraph 4) has passed then the Plaintiff shall file a
“Notice 0f Trial” in conformity with 1.440(b) and schedule a pretrial 0r case
management conference with the court t0 schedule a date certain for the trial.
AOSC21-17 requires the presiding judge t0 specify a “projected trial da ” in cases that
are not yet at issue and the court therefore orders that the projected trial date will be
the presiding judge’s first available jury trial docket 90 days after the cause is at issue,
unless and until otherwise ordered pursuant t0 Rule 1.440.
7. Setting a Case Management Conference for hearing
If the parties are unable t0 submit an Agreed Mandatory Civil Case Management Order
and such order has NOT been filed within 180 days after filing the Complaint, then
Plaintiff is required to schedule a case management conference. Plaintiff should submit
a form Order t0 Appear for a Telephonic Case Management Conferencewhich can be
found at www.jud6.org. Failure t0 appear at the case management conference may
result in a dismissal 0f the case without prejudice. At this time, all case management
conferences will be conducted by telephone conference pursuant t0 the section judge’s
conference call procedures. Please follow the section judge’s procedure 0n scheduling
hearings.
The court understands there have been many difficulties occasioned by the pandemic
and protocols that have been instituted because 0f it. The Supreme Court has required the
issuance 0f these mandatory case management orders in outstanding cases and directs trial
judges t0 strictly comply With the rules requiring conclusion 0f cases as soon as it is reasonably
possible. T0 the extent that the deadlines contained in this order appear t0 the parties t0 be
unreasonable because 0f the circumstances involved in the case the parties are encouraged t0
consult and confer in an effort t0 draft an Agreed Mandatory Civil Case Management Order
pursuant t0 Sixth Judicial Circuit Administrative Order N0. 2021-12, 0r subsequent
amendment, and the form included therein. If the parties are unable t0 agree 0n such an order
and there remains a continued good faith belief that this mandatory emergency order needs t0
be modified then a motion t0 amend may be filed and set for hearing.
management order 0r pretrial order with deadlines that
If the court has entered a case
difler from those contained in this mandatory order, then the specific dates in that order shall
control. In cases where the action has been stayed by court order, government suspension 0r
moratorium the Plaintifl shall immediately set a case management hearing upon expiration 0f
the prosecution limits.
Done and Ordered in Pinellas County, Florida this 16th day of February, 2023.
WIW
Circuit Jud e Patricia A. Muscareila
23-000460-5l 2/16/2023 3:49:55 PM
Copies Fumished To:
Plaintiff Defendant
Attomey: JOHN WWINDLE Attomey: CHARLES ANDREWTHARP
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IN THE CIRCUIT COURT OF THE SXTH JUDICIAL CIRCUIT IN AND FOR PINE_LAS COUNTY, FLORIDA CIRCUIT CIVIL LUCIAN ZALESKI, El' AL Case No: 23-000460-Cl Plaintiff VS. Division: Section 7 NATIONAL GENERAL INSURANCE COMPANY Defendant MANDATORY COVID-19 EMERGENCY CASE MANAGEMENT ORDER (CW) Whereas, the Florida Supreme Court has issued several administrative orders implementing temporary measures essential t0 safely administering justice during the COVID- 19 pandemic and the high court has entered its COVID-l9 HEALTH AND SAFETY PROTOCOLS AND EMERGENCY OPERATIONAL MEASURES FOR FLORIDA APPELLATE AND TRIAL COURTS, AOSC21-17 which requires presiding judges in specifically defined civil cases t0 issue case management orders that contain deadlines and projected trial dates consistent with the time standards specified in the Florida Rules 0f General Practice and Judicial Administration 2.250(a)(1)(B) for the completion 0f civil cases. Whereas, the Chief Judge issued Administrative Order 2021-013 PA/PI-CIR RE: AOSC20—23 COVID—19 EMERGENCY MEASURES AND MANDATORY CIVIL CASE MANAGEMENT ORDERS and Administrative Order 202 1-012 PA/PI-CIR RE: AOSC20- 23 MANDATORY REVIEW OF PENDING CIVIL CASES AND SUBMISSION OF AGREED MANDATORY CIVIL CASE MANAGEMENT ORDERS. In order t0 implement these provisions, IT IS ORDERED: Counsel for the parties orpro se individuals who are representing themselves in this action shall review the status 0f the above styled cause with the specific purpose 0f complying with Fla. R. Gen. Prac. & Jud. Admin. 2.250 and 2.545 and the Supreme Court case management and resolution provisions contained in AOSC21—l70r subsequent amendment. In cases which have been designated as “Complex Litigation” pursuant t0 Fla. R. Civ. Pro. 1.201, the court has 0r will enter a comprehensive scheduling order in conformity with the Such case management orders shall include deadlines consistent stated provisions 0f that rule. with AOSC21—17 and the mandates t0 conclude the litigation as soon as reasonably possible. The scheduling orders in complex litigation cases supersede any deadlines listed below. In cases which are not designated under Rule 1.201 there are two categories 0f actions. The first category are “Streamlined Cases” which in this circuit are determined t0 be civil be set for trial before a judge rather than a jury. The second category are actions that will “General Cases” which are those civil cases that will be set for a jury trial. T0 comply with the mandate in AOSC21—17 0r subsequent amendment, the court now orders the following deadlines t0 be imposed in this case: ***ELECTRON|CALLY FILED 2/16/2023 3:49:58 PM KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY*** 1. Deadlines for Service 0f the Complaint Service 0f process and pleading must be made in conformity with Fla. R. Civ. P. 1.0700) and if not timely served, the cause shall be subject t0 dismissal. Counsel for plaintiff is responsible for and required order 0n any Defendant(s) that is a party t0 t0 serve this the case. Initial service shall be limited t0 120 days after filing and will not be extended absent a motion filed prior t0 the expiration 0f that period. If a motion t0 amend is permitted, the period for service shall beginupon entry 0f an order granting leave t0 amend. Motions t0 amend and motions t0 add additional parties are generally liberally granted; however, the court shall consider the time standards in Rule 0f General Practice and Judicial Administration 2.250 and the movant’s good faith efforts t0 advance the cause toward a timely disposition in determining whether t0 allow same. 2. Deadlines for Answers and Initial Motions Answer t0 initial complaints, counterclaims 0r cross claims shall be filed within 20 days 0f service unless otherwise permitted. Any motion raising lack 0f jurisdiction, improper venue, insufiiciency 0f process 0r service, and any other preliminary matter filed within the initial 20 days purporting t0 suspend the requirement t0 file formal answers and defenses shall be brought before the court without delay. T0 insure these are addressed in a timely fashion, all such motions shall be subject t0 the Sixth Circuit’s Administrative Order N0. 2020-012 PA/PI- CIR 0r subsequent amendment, which permits the court t0 rule based upon written submissions. Within 15 days 0f filing the motion (0r within 15 days 0f this order if such motions are presently past that date) movant must file and serve a Notice 0f Request for the Court t0 Consider Motion Based 0n Written Submissions without Hearing (see A.O. 2020-012 attachment A) along with any legal argument and authority. The filing 0f opposition papers and subsequent submissions t0 the judge are governed by A.O. 2020-012, 0r subsequent amendment. Assertions that the m0ti0n(s) needs t0 be scheduled for a hearing rather than decided by written submission should be included for the court’s consideration in addition t0, but not in lieu 0f, any other memoranda. The court will decide, based 0n submissions, if hearing with oral argument is needed. 3. Deadlines for Motions after an Answer After the initial complaint is served and the answer filed the parties shall have 20 days t0 file any motions directed t0 these pleadings. These motions shall be scheduled for hearing by the movant as soon as time can be secured 0n the court’s calendar. A date should be secured and the notice 0f hearing shall be served within 15 days 0f filing (if that date has already passed the movant has 10 days t0 schedule the hearing and send the notice). For other pretrial motions A.O. 2020-012, 0r subsequent amendment, should be used unless the matters involve testimony 0r evidence 0r otherwise require oral argument. If a hearing will be required the movant shall obtain a time and date that is cleared with all parties, and send out the notice 0f hearing within 15 days 0f filing. Of course good faith efforts t0 resolve such matters should be attempted prior t0 setting a hearing. 4. Deadlines for Discovery The parties may engage in discovery pursuant t0 the civil rules which are t0 be “construed t0 just, speedy, and inexpensive determination 0f every action.” Bainter v. League 0f Women Voters, 150 So. 3d 1115, 1118 (Fla.2014). Although investigation and preparation may occur prior t0 the formal discovery methods in Rule 1.280, such formal methods should be conducted With the time standards in Rule 2.250 in mind. Those time standards are 18 months from initial filing t0 final disposition in jury cases and 12 months in non—jury cases. Fact and expert witnesses should be disclosed and discovery completed within 270 days from service of the complaint 0n the last 0f all named defendants, in jury trial cases, 01' Within 150 days from the last served defendant, in non-jury cases. If those dates have already passed in this case then the parties are given 90 days from the date 0fthis order t0 complete discovery. 5. Scheduling Mediation Once there has been suficient discovery for the parties t0 know the strengths and weaknesses 0f the respective positions in the case then alternative dispute resolution should be considered as a way t0 reach a resolution and reduce the time and expense associated with continued litigation. If mediation has not yet occurred in this case then it should be scheduled once the above described discovery deadline has passed, if not m sooner. Mediation should be scheduled and completed within 90 days following the completion 0f discovery as required in paragraph 4 above. 6. Fina] disposition in cases may ultimately require a trial. The setting 0f an action for trial is governed by Rule 1.440 and requires the cause t0 be “at issue”. An action is at issue after any motions directed t0 the last pleading served have been disposed 0f 0r, if n0 such motions are served, 20 days after service 0f the last pleading. If the case is at issue and the discovery deadline (paragraph 4) has passed then the Plaintiff shall file a “Notice 0f Trial” in conformity with 1.440(b) and schedule a pretrial 0r case management conference with the court t0 schedule a date certain for the trial. AOSC21-17 requires the presiding judge t0 specify a “projected trial da ” in cases that are not yet at issue and the court therefore orders that the projected trial date will be the presiding judge’s first available jury trial docket 90 days after the cause is at issue, unless and until otherwise ordered pursuant t0 Rule 1.440. 7. Setting a Case Management Conference for hearing If the parties are unable t0 submit an Agreed Mandatory Civil Case Management Order and such order has NOT been filed within 180 days after filing the Complaint, then Plaintiff is required to schedule a case management conference. Plaintiff should submit a form Order t0 Appear for a Telephonic Case Management Conferencewhich can be found at www.jud6.org. Failure t0 appear at the case management conference may result in a dismissal 0f the case without prejudice. At this time, all case management conferences will be conducted by telephone conference pursuant t0 the section judge’s conference call procedures. Please follow the section judge’s procedure 0n scheduling hearings. The court understands there have been many difficulties occasioned by the pandemic and protocols that have been instituted because 0f it. The Supreme Court has required the issuance 0f these mandatory case management orders in outstanding cases and directs trial judges t0 strictly comply With the rules requiring conclusion 0f cases as soon as it is reasonably possible. T0 the extent that the deadlines contained in this order appear t0 the parties t0 be unreasonable because 0f the circumstances involved in the case the parties are encouraged t0 consult and confer in an effort t0 draft an Agreed Mandatory Civil Case Management Order pursuant t0 Sixth Judicial Circuit Administrative Order N0. 2021-12, 0r subsequent amendment, and the form included therein. If the parties are unable t0 agree 0n such an order and there remains a continued good faith belief that this mandatory emergency order needs t0 be modified then a motion t0 amend may be filed and set for hearing. management order 0r pretrial order with deadlines that If the court has entered a case difler from those contained in this mandatory order, then the specific dates in that order shall control. In cases where the action has been stayed by court order, government suspension 0r moratorium the Plaintifl shall immediately set a case management hearing upon expiration 0f the prosecution limits. Done and Ordered in Pinellas County, Florida this 16th day of February, 2023. WIW Circuit Jud e Patricia A. Muscareila 23-000460-5l 2/16/2023 3:49:55 PM Copies Fumished To: Plaintiff Defendant Attomey: JOHN WWINDLE Attomey: CHARLES ANDREWTHARP