On February 01, 2024 a
was filed
involving a dispute between
Swank, Janice,
and
Auto Club Insurance Company Of Florida,
Powell, Karen Mildred,
Raposa, Donna,
for Auto Negligence
in the District Court of Flagler County.
Preview
Filing # 191056332 E-Filed 02/01/2024 02:52:47 PM
IN THE CIRCUIT COURT FOR THE SEVENTH JUDICIAL CIRCUIT,
IN AND FOR FLAGLER COUNTY, FLORIDA
CASE NO.2024 CA 000071
DIVISION: 49
JANICE SWANK,
Plaintiff,
VS.
KAREN MILDRED POWELL,
Defendant.
/
NOTICE OF SERVICE OF CASE MANAGEMENT ORDER
COMES NOW the Plaintiff, by and through the undersigned attorney, and provides
notice of service of the attached Case Management Order pursuant to CV-2021-023-SC, to
Defendant, KAREN MILDRED POWELL, with initial service of process.
I HEREBY CERTIFY that a true and correct copy of the foregoing has been served
together with the Complaint herein.
RUE & ZIFFRA
lA C fl~
Allan L. Ziffra, Esquire
632 Dunlawton Avenue
Port Orange, FL 32127
Phone: (386) 788-7700
FBN: 0749265
Email: aziffra@ruezifira.com
annbemmn@rueziftra.com
Attorney for the Plaintiff
Electronically Received in the Office of the Clerk of the Circuit Court - Flagler County, Florida - 02/02/2024 12:48 PM - DIN: 5
Exhibit A
IN THE CIRCUIT/COUNTY COURT OF FLORIDA, SEVENTH JUDICIAL CIRCUIT,
IN AND FOR VOLUSIA COUNTY, FLORIDA
CASE MANAGEMENT ORDER
IMPORTANT- This Order contains important deadlines that must be complied with or
sanctions may result.
This Case Management Order is issued in accordance with Administrative Orders of the Florida
Supreme Court and Seventh Judicial Circuit Court.
A. CASE DESIGNATION
Civil cases in which trials by jury are demanded are designated as “General”. All other civil cases are
designated as “Streamlined”. Cases subsequently designated as “Complex” pursuant to Rule 1.201,
Fla. R. Civ. P., are exempted from the requirements of this Order and will follow the procedures
outlined in the Rule.
B. PROJECTED
TRIAL DATE
For “General” cases the projected docket sounding and trial dates will be eighteen (18) months from
case filing, or twelve (12) months from the date of this Order, whichever date is later. For
“Streamlined” cases, the projected docket sounding and trial dates will be twelve (12) months from
case filing, or six (6) months from the date of this Order, whichever date is later, The parties are
expected to be ready to try this case by this deadline.
C. SERVICE OF PROCESS
Plaintiff(s) are required to serve each defendant with initial process no later than 120 days from case
filing or sixty (60) days from the date this Order is issued, whichever date is later. Motions for
extension of time to complete service of process must be filed no later than ten (10) days prior to
expiration of the initial time period for service. In its discretion, the presiding judge may grant
plaintiff(s) an additional ninety (90) days to serve any remaining defendant(s). After the expiration of
the time for service, including any extensions, any unserved defendant(s) will be dropped from the
action, or the case will be dismissed without prejudice, as appropriate.
D. ADDING
NEW PARTIES
The deadline for adding new parties to an action is ninety (90) days after the completion of service of
process on the initial defendants or sixty (60) days from the date this Order is issued, whichever date is
later.
E. OBJECTIONS
TO PLEADINGS
Objections to pleadings must be filed no later than twenty (20) days from the date the pleading
is served upon the objecting party. Any objection not timely scheduled for hearing may be deemed
waived or abandoned.
F. COMPLETION OF DISCOVERY
All discovery is to be completed according to the following schedule:
Disclosure of expert] 75 days before docket} 75 days before docket
witnesses sounding for parties | sounding for parties seeking
seeking affirmative relief; | affirmative relief, 60 days
60 days before docket | before docket sounding for
sounding for parties not | parties not seeking
seeking affirmative relief | affirmative relief
Disclosure of fact witnesses |60 days before docket) 60 days before docket
sounding sounding
Service of written | 45 days before docket} 45 days before docket
discovery requests sounding sounding
All other discovery to be} 10 days before docket} 10 days before docket
completed sounding sounding
G. PRETRIAL MOTIONS
All pretrial motions must be filed no later than thirty (30) days prior to the trial date. Pretrial motions
filed within thirty (30) days of trial will not be considered if predicated on matters the movant knew,
or should have known with the exercise of reasonable diligence, at least thirty (30) days prior to the
trial date. Because of busy court calendars, hearing time may not be available to consider motions filed
close to the deadline. The inability of a party to obtain hearing time will generally not constitute
grounds for a continuance of the trial.
H. MEDIATION
Unless excused by the Court, or excluded pursuant to Rule 1.710(b), Fla. R. Civ. P., mediation is to be
conducted in all cases. Mediation must be concluded anda report filed prior to docket sounding. ;
I. SERVICE OF THIS ORDER
e For cases filed on or before April 30, 2021, plaintiff is required to serve a copy of this Order on all
other parties and file a notice of service with the Clerk within 30 days of the date of its issuance.
e For cases filed after April 30, 2021, plaintiff is required to serve a copy of this Order on all other
parties together with service of process, or in the manner prescribed in Fla. R. Civ. P. 1.080.
J. EXTENSIONS AND CONTINUANCES
The Court hereby adopts a firm continuance policy in this matter and will only extend deadlines set
forth in this Order upon a showing of good cause.
K. SANCTIONS
Failure to comply with the terms of this Order may result in sanctions against the offending party. |
Document Filed Date
February 03, 2024
Case Filing Date
February 01, 2024
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