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Filing # 131774758 E-Filed 07/30/2021 04:22:28 PM
IN THE CIRCUIT COURT OF THE NINTH
JUDICIAL CIRCUIT IN AND FOR OSCEOLA
COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO. 49 2020 CA 001981 MF
DEUTSCHE BANK NATIONAL TRUST
COMPANY, AS TRUSTEE FOR
AMERICAN HOME MORTGAGE
ASSETS TRUST 2006-2,
MORTGAGE-BACKED PASS-THROUGH
CERTIFICATES SERIES 2006-2,
Plaintiff,
Vs.
YVETTE B. ALLEN A/K/A YVETTE
ALLEN, et al.,
Defendant(s).
/
CERTIFICATE OF SERVICE OF AMENDED ORDER SETTING NON-JURY
FORECLOSURE TRIAL
Plaintiff, by and through its undersigned counsel, hereby gives notice of serving the
attached copy of Amended Order Setting Non-Jury Foreclosure Trial upon the parties listed
on the attached service list.
ROBERTSON, ANSCHUTZ, SCHNEID, CRANE
& PARTNERS, PLLC
ATTORNEY FOR PLAINTIFF
6409 CONGRESS AVE., SUITE 100
BOCA RATON, FL 33487
TELEPHONE: 561-241-6901
FACSIMILE: 561-997-6909
SERVICE EMAIL: FLMAIL@RASLG.COM
By: _\S\Corey Lewis_
Corey Lewis, Esquire
Florida Bar No. 72580
Communication Email: clewis@raslg.com
UV AAA UAC A
20-030251
CERTIFICATE OF SERVICE
I hereby certify that a copy of the Amended Order Setting Non-Jury Foreclosure
Trial has been furnished to the parties listed on the attached service list via Mail and/or E-mail in
accordance with the corresponding addresses listed therein on this 30 day ofJuly, 2021.
ROBERTSON, ANSCHUTZ, SCHNEID, CRANE
& PARTNERS, PLLC
Attorney for Plaintiff
6409 Congress Ave., Suite 100
Boca Raton, FL 33487
Telephone: 561-241-6901
Facsimile: 561-997-6909
Service Email: flmail@raslg.com
By: _\S\Corey Lewis_
Corey Lewis, Esquire
Florida Bar No. 72580
Communication Email: clewis@raslg.com
SERVICE LIST
YVETTE B. ALLEN A/K/A YVETTE ALLEN
106 ACADIA TER
CELEBRATION, FL 34747
PRIMARY EMAIL: KIDSYETTE@YAHOO.COM
GARY S. ALLEN A/K/A GARY ALLEN
11508 VINCI DR 11
WINDERMERE, FL 34786
UNKNOWN SPOUSE OF YVETTE B. ALLEN A/K/A YVETTE ALLEN
106 ACADIA TER
CELEBRATION, FL 34747
CELEBRATION RESIDENTIAL OWNERS ASSOCIATION, INC.
C/O LARSEN & ASSOCIATES, INC
300 SOUTH ORANGE AVE. STE 1200
ORLANDO, FL 32801
GREENSPOON MARDER, P.A.
EVAN B. KLINEK
ATTORNEY FOR GREENSPOON MARDER, P.A.
C/O GREENSPOON MARDER, P.A.
200 E. BROWARD BLVD SUITE 1800
FORT LAUDERDALE, FL 33301
20-030251
PRIMARY EMAIL: EAVN.KLINEK@GMLAW.COM
SECONDARY EMAIL: RACHEL.EDELSBURG@GMLAW.COM
THERESA L. BLAIR
2126 MATTHEW AVENUE
ALBUQUERQUE, NM 87104
ROGER C. BLAIR
2126 MATTHEW AVENUE
ALBUQUERQUE, NM 87104
THOMAS TOSCANO
1209 DOWNEY PLACE
KISSIMMEE, FL 34747
ANTONIA TOSCANO
1209 DOWNEY PLACE
KISSIMMEE, FL 34747
20-030251
Filing # 130317440 E-Filed 07/09/2021 07:29:14 AM
IN THE CIRCUIT COURT OF THE
NINTH JUDICIAL CIRCUIT IN AND
FOR OSCEOLA COUNTY, FLORIDA
CASE NO.: 2020-CA-1981
DIVISION: 22
DEUTSCHE BANK NATIONAL
TRUST CO.,
Plaintiff,
VS.
YVETTE B. ALLEN, etal.,
Defendant(s).
ORD ETINGNO OREC OS BU mh
It appearing that this case is at issue and can be set for trial, it is ORDERED as follows:
FAMILIARITY WITH THIS ORDER. Counsel and pro se (unrepresented) parties shall
read this Order, be familiar with its contents and comply with its requirements.
PRETRIAL / SCHEDULING CONFERENCE.
a / Counsel and pro se parties shall attend a pretrial conference on
N/A__/p.m., in
Courtroom 5-E of the Osceola County Courthouse, 2 Courthouse Square, Kissimmee, FL
34741. No telephonic appearances will be permitted at the Pretrial Conference.
OR
b. N/A / The Pretrial / Scheduling Conference is WAIVED.
TRIAL DATE. This is a case set for a non-jury trial in Courtroom 5-E, of the Osceola
County Courthouse, 2 Courthouse Square, Kissimmee, FL 34741, on September 29 2021
@ 9:00 AM:
No telephonic appearances will be permitted at Trial. All appearances shall be in person.
Failure of a party to appear may result in dismissal, default, judgment and/or sanctions.
4. SETTLEMENT CONFERENCE / MEDIATION.
a. Mediation. This case is hereby referred to mediation. The parties will agree upon a
mediator and a date for the mediation conference. In the event the parties cannot agree,
the Court will select a mediator. Plaintiff shall submit a proposed mediation order.
(1) Mediation shall be completed prior to the Pretrial Conference.
(2) All parties and their counsel or authorized representative with the authority to
resolve this matter must appear in person.
(3) Costs of mediation shall be shared equally between the plaintiff and defendant,
(4) Any party may move to defer or dispense with mediation upon good cause
shown, but must proceed unless a Court order specifically dispenses with it.
Settlement Conference. In the event mediation occurred more than one hundred and
eight (180) days prior to the trial, then a settlement conference is required. No later
than thirty (30) days prior to the trial, counsel and the parties shall hold a telephonic
settlement conference to discuss settlement.
5 EXCHANGE OF WITNESS LISTS, EXPERT WITNESSES AND EVIDENCE
SCHEDULES. Not later than thirty (30) days before the pretrial conference, or forty-five
(45) days prior to the trial in the event the pretrial conference is waived, attorneys and pro se
parties shall serve upon each other (but not file) the following:
a. List
Witnesses
of all (including known impeachment and rebuttal witnesses) which the
party might call at trial. The list shall contain the name, address and telephone number
of the witness and whether the witness is a liability witness or a damage witness. Expert
witnesses shall also be disclosed and shall be designated as such, as set forth below.
Disclosure of all Expert Witnesses, As used herein, “disclosure” means furnishing in
writing (i) the expert’s name, business address and telephone number, (ii) his or her
curriculum vitae or qualifications, (iii) his or her specialty or field of expertise, (iv) a
statement of the specific subjects upon which the expert will testify and offer opinions
and (v) the party or parties against whom the expert will be called to testify
ibits which a party may offer at trial, numbered sequentially. The
schedules shall include al! depositions to be offered or read into evidence at trial,
MEETING OF ATTORNEYS, AND PRO SE PARTIES. No later than ten (10) working
days prior to the pretrial conference (if scheduled), and thirty (30) days prior to the trial (if no
pretrial conference is set), counsel who will try the case, and pro se parties, if any, shall meet.
Attendance at this meeting is mandatory. Plaintiff's attorney (or if plaintiff is pro se,
defendant's attorney) shall arrange a mutually agreeable time, date and place for this meeting.
At the meeting the attorneys, and pro se parties shall:
a, Discuss and attempt to settle the case.
Produce, examine and initial every evidentiary exhibit intended to be offered at trial;
(i) agree upon those which can be admitted as joint exhibits, (ii) hose which can be
admitted without objection, and (iii) identify those to which objection will be made and
the grounds of each objection, and note this on a separate copy of each partys exhibit
schedule, Objections not reserved or grounds not noted on such separate schedule will
be deemed waived at trial. The annotated separate copies of the schedules will be
attached to and made a part of the joint pretrial statement required in paragraph 7 of
this Order.
Review the witness lists and in good faith note on a separate copy which witnesses and
depositions will actually be used at trial. The annotated separate copies of the witness
list will be attached to the joint pretrial statement required in paragraph 7 of this Order.
Discuss and stipulate as to those facts which will require no proof at trial,
Discuss, clarify and frame all factual issues of fact to be tried.
Identify all issues of law, procedure or evidence to be decided by the Court prior to or
during trial.
Agree upon and draft a concise but complete statement of the case which will fully
inform the judge in a non-jury trial.
Discuss and attempt to agree upon any other matters which will lead to a more orderly
and expeditious trial, e.g, copies in lieu of originals, witnesses out of tum, which
portions and how depositions will be presented, how collateral set-off will be handled,
ete,
JOINT PRETRIAL STATEMENT. Following the meeting of attorneys, plaintiff's
attomey (or defendant’ s attorney, if plaintiff is pro se) shall prepare and present to opposing
counsel and pro se parties a proposed joint written pretrial statement. The statement shall be
signed by all attorneys and pro se parties and the original and one copy delivered to the judge
no later than the pretrial conference. To the extent the parties differ as to how portions of the
statement should read, the differing views should be set forth in the statement.
‘The pretrial statement shall contain the following items in the following format:
a, A statement of the case.
b. A statement of facts which are admitted and may be read in evidence at trial as a
stipulation of counsel.
c. Issues of fact to be tried.
Issues of law, procedure or evidence to be determined by the Court prior to or during
trial.
The annotated copy of each party’s witness list will be attached.
The annotated copy of each party’s schedule of exhibits showing objections and
grounds will be attached. Any objection raised must state the precise ground for the
objection. Any objection not precisely raised in the joint pretrial statement is deemed
waived by the party.
A current estimate of the number of hours/days required for trial.
Any other matters agreed
to by counsel or which need to be addressed by the Courtat
pretrial conference.
DISCOVERY CUT-OFF DEADLINE. All discovery shall close one day prior to the
pretrial conference (if scheduled), or thirty (30) days prior to the trial (if no pretrial conference
is scheduled) (hereinafter the “closure date”) unless extended by court order for good cause
shown. All depositions will be completed, and answers to interrogatories, responses to
requests to produce and requests for admissions of fact will be due before the closure date.
The filing of motions (¢.g. for additional time) that are not set for immediate hearing will
not toll compliance with any provision of this Order,
MOTIONS CUT-OFF DEADLINE.
a. All motions for summary judgment or judgment on the pleadings must be filed and
scheduled for hearing to be held prior to the pretrial conference date (if scheduled), or
thirty (30) days prior to the trial (if no pretrial conference is scheduled).
All Motions in Limine or to exclude witnesses or evidence or other motions directed to
the conduct of the trial for which grounds then exist must be filed and copies delivered
to opposing counsel prior to the pretrial conference conference date (if scheduled), or
thirty G0) days prior to the trial (if no pretrial conference is scheduled). Motions,
including Motions in Limine, shall be heard as set forth in the division specific
guidelines.
10. TRIAL BRIEFS; PROPOSED JUDGMENTS,
a. No later than three (3) working days before trial, the parties may file a trial brief and
deliver copies to opposing counsel and the undersigned judge. If filed, the trial brief
will set forth (i) a brief statement of facts admitted and additional facts which the party
expects to prove; and (ii) a brief statement of law upon which the party relies. Copies
of primary legal authorities cited must accompany the chamber copy.
The Plaintiff will bring to the trial a proposed Final Judgment which sets a sale date
with addressed/stamped envelopes for all parties. Plaintiff's counsel will arrange to
have available at trial the Original Note and Mortgage as filed in the Court fle. If any
sarty desires findings of fact, such party will include them in the proposed final
jadgment or submit them separately along with the final judgment
i NOTIFIC ATION OF SETTLEMENT. The parties shall immediately notify the Judge’s
judicial assistant by e-mail to ctjalh i@oenice.or: upon the © ¢ being fed: further. a
Notice of Settlement signed by both parties must be e-mailed to the judicial istant in order
for the Trial to be removed from the docket
12. S. TIONS. Unexcused failure of counsel or unrepresented parties to engage in the
TAC 4 ation, the telephonic settlement conference, or the trial. or the failure to comply with the
requirements of this Order, will subject the offending counsel or party to appropriate sanctions
which may include contempt. dismissal, defau' striking of pleadings, or exclusion of
evidence, assessment of fees or costs, and/or other sanctions.
DONE AND ORDERED in Kissimmee, Osceola County, Miorida, this __ d day of - .
2021
nga’
7
ft fF
ROBERT £ AN
Cireult Judge
CERTIFICATE OF SERVICE
P HEREBY CERTIFY that a copy of the forego:
Portal Service to al} the parties listed on this oe g day
document
of
has been fumished through the E
aft , 2021.
shh eg
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fudicial ait
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 ADA Coordinator, Court
Administration, Osceola County Courthouse, 2 Courthouse Square, Suite 6300.
Kissimmee, FL 34741, (407) 742-2417, at least 7 days before your scheduled
court appearance, or immediately upon receiving this notification if the time
before the scheduled appearance is less than 7 days; if you are hearing or voice
impaired, call 711