On January 31, 2024 a
was filed
involving a dispute between
Fifth Third Bank National Association,
and
City Of Palm Coast Florida,
Geldart, James S,
Geldart, Pamela K,
Unknown Spouse Of James S Geldart,
for Real Prop/mort Foreclosure - Homestead, Residential $50 - 249k
in the District Court of Flagler County.
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Filing # 190990933 E-Filed 01/31/2024 08:27:42 PM
IN THE CIRCUIT COURT OF FLORIDA, SEVENTH JUDICIAL CIRCUIT,
IN AND FOR FLAGLER 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.
Cc. 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.
Electronically Received in the Office of the Clerk of the Circuit Court - Flagler County, Florida - 02/02/2024 08:54 AM - DIN: 19
FE COMPLETION
OF DISCOVERY
All discovery is to be completed according to the following schedule:
Action or Event General Streamlined
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 and a report filed prior to docket sounding.
L SERVICE
OF THIS ORDER
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.
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.
kK. SANCTIONS.
Failure to comply with the terms of this Order may result in sanctions against the offending party.
Document Filed Date
March 03, 2024
Case Filing Date
January 31, 2024
Category
Real Prop/mort Foreclosure - Homestead, Residential $50 - 249k
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Preview
Filing # 190990933 E-Filed 01/31/2024 08:27:42 PM IN THE CIRCUIT COURT OF FLORIDA, SEVENTH JUDICIAL CIRCUIT, IN AND FOR FLAGLER 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. Cc. 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. Electronically Received in the Office of the Clerk of the Circuit Court - Flagler County, Florida - 02/02/2024 08:54 AM - DIN: 19 FE COMPLETION OF DISCOVERY All discovery is to be completed according to the following schedule: Action or Event General Streamlined 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 and a report filed prior to docket sounding. L SERVICE OF THIS ORDER 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. 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. kK. SANCTIONS. Failure to comply with the terms of this Order may result in sanctions against the offending party.