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Filing # 194430363 E-Filed 03/20/2024 01:01:38 PM
IN THE CIRCUIT COURT OF THE FIFTEENTH
JUDICIAL CIRCUIT IN AND
FOR PALM BEACH COUNTY, FLORIDA
CIRCUIT CIVIL DIVISION: "AO"
CASE NO.: 502024CA002539XXXAMB
LABORATORY CORPORATION OF AMERICA,
Plaintiff/Petitioner
vs.
SUNSHINE HEALTHCARE GROUP LLC,
Defendant/Respondent.
________________________________________/
ORDER IMPLEMENTING DIFFERENTIATED CASE
MANAGEMENT PLAN, DESIGNATING CASE TO THE STREAMLINED TRACK,
ORDER SETTING CALENDAR CALL AND CASE MANAGEMENT
CONFERENCE AND DIRECTING PRETRIAL AND MEDIATION PROCEDURES
(DCMSNT)
THIS MATTER is a Circuit Civil case calling for a non-jury trial. Accordingly, it is:
ORDERED AND ADJUDGED that pursuant to Administrative Order 3.110 (as
amended), this case is designated to the STREAMLINED TRACK. The deadlines established
by this Order are to ensure the case is disposed of within 12 months from the date of filing.
To that end, the following procedures and deadlines shall be strictly observed:
I. SERVICE OF THIS ORDER, ACTIVE CASE MANAGEMENT AND NON-
COMPLIANCE
Plaintiff/Petitioner is directed to serve this Order upon each Defendant/Respondent
with the Initial Complaint/Petition and Summons. The deadlines and procedures set forth
herein are firm and may be modified only upon a showing of a good faith attempt to
comply with the deadlines or demonstration of a significant change of circumstances and
through the process established in the 15th Circuit's Administrative Order 3.110 (as
amended).
The parties are expected to actively manage the case and to confer early and often to
ensure compliance with this order and timely resolution of the case. The parties and
counsel are expected to govern themselves at all times with a spirit of cooperation,
professionalism, and civility. They are expected to accommodate each other whenever
reasonably possible and eliminate disputes by reasonable agreements.
Self- Represented/Pro se litigants (i.e. those without counsel) are held to the same
obligations imposed upon counsel.
Motions to extend deadlines must be filed prior to the deadline. Untimely motions will be
denied absent compelling circumstances and showing of good cause.
NONCOMPLIANCE WITH THIS ORDER, ABSENT A SHOWING OF GOOD
CAUSE, MAY RESULT IN DISMISSAL OF THE ACTION, THE STRIKING
OF PLEADINGS, WITNESSES, OR EXHIBITS, REMOVAL OF THE CASE
FROM THE DOCKET, DEFAULT OR ANY OTHER APPROPRIATE
Page 1 of 8
*** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 03/20/2024 01:01:38 PM ***
Case No. 50-2024-CA-002539-XXXA-MB
SANCTION.
The failure to act in good faith and comply with this order must be reported, if not
resolved through a conference of the parties and good faith conferral, by filing a
"Suggestion of Non- Compliance with Pre- Trial Order" that must be set for hearing in
a timely manner. The Suggestion must name the non-compliant person, describe the act of
non-compliance, be served upon all parties and sent to the Court's chambers. Responses
may only be submitted upon request of the Court. Failure to correct any non-compliance
before the hearing may result in sanctions as described above. The parties will notify the
Court immediately if non-compliance is cured; if cured more than 7 days before the
hearing, the hearing may be cancelled.
II. SCHEDULING, CONTINUANCES AND PRETRIAL DEADLINES
A CASE MANAGEMENT CONFERENCE and CALENDAR CALL will be held
on February 21, 2025. The parties must be ready to try the case by that day. The specific
time of Case Management Conference, and procedures for conducting Calendar Call can
be found on the Division's webpages at www.15thcircuit.com. The Calendar Call may be
conducted in-person or by e-calendar.
The trial period begins the first business day of the immediately following week after the
above-listed Case Management Conference and Calendar Call, unless otherwise
described in the divisional instructions or by court order.
TRIAL CONTINUANCES: If a case cannot be ready for trial by the Calendar Call
despite all good faith efforts, a motion to continue trial must be set for a Differentiated
Case Management (DCM) Conference as described in the 15th Circuit's Administrative
Order 3.110 (as amended) and the next paragraph. Any motion to continue the trial must
comply with Fla. R. Civ. P. Rule 1.460, including that they are signed by the client. The
Motion must be filed and the DCM Conference set no more than 30 DAYS from the last
defendant being served or as soon as circumstances giving rise to the need for a
continuance becomes known and only for good cause. Every motion for a continuance
must include a proposed Amended DCMO resetting each pretrial deadline that remains
applicable and indicating the month the case can be ready for trial.
DCM CONFERENCES: DCM conferences are scheduled through the Circuit's Online
Scheduling System under DCM- Case Management Conference Scheduling. No less than
ten (10) days in advance of the DCM Conference the parties must file with the Clerk a
Joint Status Report that:
1. Concisely updates the Court on the status of the case,
2. Identifies pending motions and other matters the Court needs to address, and
3. If applicable, provides a proposed revised pretrial schedule.
The parties must upload the Joint Status report at least 7 days in advance of a DCM
Conference through the e-courtesy feature of the Circuit's Online Scheduling System. The
parties are to be prepared at the DCM Conference to address the topics listed in Rule
1.200(a) and for the court, at its discretion, to hear or set for hearing any pending motions.
The following deadlines (discussed in detail below) apply unless otherwise modified
by the Court:
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Case No. 50-2024-CA-002539-XXXA-MB
EVENTS DESCRIPTION COMPLETION DEADLINE
July 17, 2024 Service under
1. Service of Complaint See Part III.A, infra
extension is only by court order.
Pleading Amendments/
2. See Part III.B, infra September 15, 2024
Adding parties
Resolution of all
motions/objections
3. directed to the pleadings See Part III.B, infra September 15, 2024
(i.e. to dismiss or strike)
and pleadings closed *
Expert Witnesses and
4. See Part III.D, infra January 7, 2025
Compulsory Examinations
5. Witness & Exhibit Lists See Part III.C, infra January 7, 2025
6. Rebuttal Witness Lists See Part III.E, infra January 17, 2025
Filing Summary Judgment
7. See Part III.J, infra January 22, 2025
& Daubert Motions
8. Discovery Cut-Off See Part III.H, infra January 22, 2025
9. Pre-trial Meet & Confer See Part III.I, infra February 6, 2025
10. Deposition Designations See Part III.G, infra February 11, 2025
11. Deadline for Mediation See Part IV, infra February 11, 2025
Deadline to hear ALL
12. See Part III.J, infra February 16, 2025
Motions
13. Trial Ready Date ** See Part II, supra February 21, 2025
Fla. R. Gen. Prac. & Jud. Admin. Rule 2.514 governs if any deadlines falls on a
weekend or holiday.
*The parties must expeditiously address any motions directed to the pleadings.
Defensive motions under Rule 1.140 of the Fla. R. Civ. P., motions to extend time to file a
defensive motion or pleading, and any other motion preventing the matter from being at
issue shall be set for hearing within five (5) days of filing. The motion should be
scheduled for hearing at the earliest date that the Court and parties are available.
**The Court reserves the authority to expedite the trial setting and amend the pretrial
deadlines accordingly.
III. UNIFORM PRE- TRIAL PROCEDURE
A. Timely Service and Defaults:
Parties must make reasonable efforts to ensure speedy service. Each return of
service must be separately filed for each defendant. If service is not completed
within 90 days, an Order will be issued directing service by the 120 DAY
DEADLINE. Failure to comply will result in dismissal of the case or party for lack
of service. Any motions to extend the deadline for service must specify why
service could not have been effectuated, what is being done to effectuate service
and request only that amount of additional time necessary.
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Case No. 50-2024-CA-002539-XXXA-MB
If all defendants become defaulted, a Motion for Default Final Judgment along with
supporting documentation must be filed within 30 days of the last default and set for
hearing at the next available hearing time.
B. Amendment of Pleadings, Motions Directed at Pleadings and Notice for Trial:
Any Motions to Amend Pleadings to add parties must be filed no later than the first
business day 180 DAYS AFTER THE CASE IS FILED.
The parties must expeditiously address any other motions directed to the pleadings.
Defensive motions under Rule 1.140 of the Fla. R. Civ. P., motions to extend time to
file a defensive motion or pleading, and any other motion preventing the matter from
being at issue must be set for hearing within 5 days of filing to be heard at the
earliest date that the Court and parties are available.
If the pleadings are not closed and the case not at issue 180 DAYS AFTER
FILING, the parties must appear for a DCM Conference to be noticed and held in
accordance within the 15th Circuit's Administrative Order 3.110 (as amended) and
Divisional Instructions located on the Circuit's website for the Division to which the
case is assigned.
C. Exhibits and Witnesses. On the last business day no later than 45 DAYS PRIOR
TO CALENDAR CALL, the parties must exchange lists of all trial exhibits, names
and addresses of all trial witnesses.
D. Expert Witnesses and Compulsory Medical Examinations. If Expert Witnesses
or Compulsory Medical Examinations are anticipated, the Parties must confer and
establish a schedule for completing related discovery, including deadlines for
disclosures, written discovery, depositions and motions directed at Experts or
Compulsory Medical Examiners that will result in the completion of Expert/CME
Discovery and resolution of Motions directed at them at least 45 DAYS BEFORE
TRIAL.
If agreed, the parties must submit a proposed Expert/CME Scheduling Order for
entry by the Court. If not, the parties must appear for a DCM Case Management
Conference.
Expert Disclosures: In addition to names and addresses of each expert retained to
formulate an expert opinion with regard to this cause, both on the initial listing and on
rebuttal, the parties must provide:
1. The subject matter about which the expert will testify;
2. The substance of facts and opinions to which the expert will testify;
3. A summary of the grounds for each opinion;
4. A copy of any written reports issued by the expert; and
5. A copy of the expert's curriculum vitae.
One Expert Per Specialty: The parties will be limited to one expert witness per
specialty unless they obtain leave of Court to list and call more than one expert
witness per specialty, no later than 60 days prior to calendar call.
E. Rebuttal Witnesses and Exhibits. On the last business day no later than 35 DAYS
PRIOR TO CALENDAR CALL, the parties must exchange lists of names and
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Case No. 50-2024-CA-002539-XXXA-MB
addresses of all rebuttal witnesses and lists of any rebuttal exhibits.
F. Additional Exhibits, Witnesses Or Objections. At trial, the parties will be strictly
limited to exhibits and witnesses disclosed and objections reserved on the schedules
attached to the Pre-Trial Stipulation prepared in accordance with paragraphs D and
E, absent agreement specifically stated in the Pre-Trial Stipulation or order of the
Court upon good cause shown. Failure to reserve objections constitutes a waiver. A
party desiring to use an exhibit or witness discovered after counsel have conferred
pursuant to paragraph D must immediately furnish the Court and other counsel with a
description of the exhibit or with the witness' name and address and the expected
subject matter of the witness' testimony, together with the reason for the late
discovery of the exhibit or witness. Use of the exhibit or witness may be allowed
by the Court for good cause shown or to prevent manifest injustice.
G. Deposition Designations. No later than 10 DAYS PRIOR TO CALENDAR
CALL, each party must serve designation of depositions, or portions of
depositions, each intends to offer as testimony. No later than 8 DAYS PRIOR TO
CALENDAR CALL, each opposing party is to serve any counter (or "fairness")
designations to portions of depositions designated, together with objections to the
depositions, or portions thereof, originally designated. No later than 5 DAYS
BEFORE calendar call, each party must serve any objections to counter
designations served by an opposing party.
H. Discovery Cutoff. Unless otherwise agreed in the Pre-Trial Stipulation, all
discovery must be completed no later than 30 DAYS PRIOR TO CALENDAR
CALL absent agreement for later discovery specifically stated in the Pre-Trial
Stipulation or for other good cause shown. Absent unforeseeable, exigent
circumstances, the failure to complete discovery is not grounds for a continuance.
I. Pre- Trial Meet and Confer. On the last business day no later than 15 DAYS
PRIOR TO CALENDAR CALL, the parties must confer and:
1. Discuss settlement;
2. Simplify the issues and stipulate, in writing, as to as many facts and issues as
possible;
3. Prepare a Pre-Trial Stipulation in accordance with paragraph K; and
4. List all objections to trial exhibits.
J. Motions: The Parties must plan for, file and timely set hearings for any motions they
expect the Court to address in advance of trial. No motions will be heard the day
of trial. Few are appropriate after Calendar Call. The parties must confer early in the
case and coordinate briefing and discovery schedules, as necessary, to ensure
motions are timely heard.
While motion practice is critical to the advancement and streamlining of a case, the
Parties are reminded they DO NOT have an absolute right to most motions being
heard. Failure to timely file and set motions for hearing in advance of Calendar Call
will likely result in the Court denying a request for hearing. Failure to file and have a
motion heard is not grounds for a trial continuance.
Summary Judgment and Daubert Motions must be filed at least 30 DAYS prior
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Case No. 50-2024-CA-002539-XXXA-MB
to Calendar Call. The parties shall confer regarding summary judgment motions to
ensure discovery necessary for those motions is completed in advance of their
filing.
ALL MOTIONS (including dispositive motions to motions in limine), must be heard
no less than 5 days before Calendar Call. Parties must plan and seek hearing time
sufficiently in advance to ensure this deadline is met.
The Court reminds the parties that unless an advance ruling will assist in preparation
and reduction of hearing time, Motions in Limine and Daubert Motions at bench trials
typically duplicate judicial effort.
K. Filing of Pre- Trial Stipulation. It is the duty of counsel for the Plaintiff to see that
the Pre-Trial Stipulation is drawn, executed by counsel for all parties, and filed with
the Clerk no later than 15 DAYS PRIOR TO CALENDAR CALL. Unilateral
pretrial statements are disallowed, unless approved by the Court, after notice and
hearing showing good cause. Counsel for all parties are charged with good faith
cooperation in this regard. The Pre-Trial Stipulation must contain in separately
numbered paragraphs:
1. A list of all pending motions including Motions in Limine and Daubert Motions
requiring action by the Court and the dates those motions are set for hearing.
Motions not listed are deemed waived.
2. Stipulated facts requiring no proof at trial which may be read to the trier of
fact;
3. A statement of all issues of fact for determination at trial;
4. Lists of exhibits itemized as follows:
a. Exhibits to be admitted by Plaintiff without objection;
b. Exhibits to be admitted by Defendant without objection;
c. Objected to Exhibits, with the specific basis for the objection stated
Note: Reasonably specific description of each exhibit is required. Non-
specific descriptions like "all documents produced in discovery" will be
stricken. Moreover, Objections may not be "reserved." Failure to specify an
objection constitutes its waiver.
5. Each party's numbered list of trial witnesses with addresses (including all
known rebuttal witnesses); the list of witnesses must be on separate schedules
attached to the Stipulation;
6. A statement of total estimated time for trial, including the time needed per side
for (1) opening arguments, (2) each case in chief, and (3) closing arguments.
7. Names of attorneys to try case and their contact information.
Failure to file the Pre-Trial Stipulation or a Court Approved Unilateral Stipulation as
provided above may result in the case being stricken from the Court's calendar or
other sanctions, including dismissal or default.
L. Pre- Trial Conference pursuant to Fla. R. Civ. P. 1.200 If a pre-trial conference
is set upon motion of a party or by the Court, counsel must meet and prepare a
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Case No. 50-2024-CA-002539-XXXA-MB
stipulation pursuant to paragraph K, infra, and file the stipulation no later than 5
DAYS BEFORE THE CONFERENCE. Failure to request a pre-trial conference
in a timely fashion constitutes a waiver of the notice of requirement of Rule 1.200.
Absent prior approval, Motions for Summary Judgment will not be heard at any pre-
trial conference.
M. Pre- Marking Exhibits. Prior to trial, each party is to mark for identification all
exhibits, as directed by the clerk. (instructions and templates found at
www.mypalmbeachclerk.com/departments/courts/evidence-guidelines/civil-
evidence)
N. Unique Questions Of Law. Prior to calendar call, counsel for the parties are
directed to exchange and simultaneously submit to the Court appropriate memoranda
with citations to legal authority in support of any unique legal questions that may
reasonably be anticipated to arise during the trial.
IV. MEDIATION
A. All parties are required to participate in mediation as follows:
1. The attendance of counsel who will try the case and representatives of each
party with full authority to enter into a complete compromise and settlement is
mandatory. If insurance is involved, an adjuster with authority up to the policy
limits must attend.
2. At least one week prior to a scheduled mediation conference, all parties are to
file with the mediator a brief, written summary of the case containing a list of
issues as to each party.
3. All communications at the mediation conference are privileged consistent with
Florida Statutes sections 44.102 and 90.408.
4. The mediator has no power to compel or enforce a settlement agreement. If a
settlement is reached, it is a responsibility of the attorneys or parties to reduce
the agreement to writing and to comply with Florida Rule of Civil Procedure
1.730(b), unless waived.
B. The Plaintiff's attorney is responsible for scheduling mediation. The parties should
agree on a mediator. If they are unable to agree, any party may apply to the Court for
appointment of a mediator in conformity with Rule 1.720 (j), Fla. R. Civ. P. The lead
attorney or party must file and serve on all parties and the mediator a Notice of
Mediation giving the time, place, and date of the mediation and the mediator's name.
C. Completion of mediation prior to calendar call is a prerequisite to trial and
must be completed no later than 10 DAYS PRIOR TO CALENDAR CALL. If
mediation is not conducted, or if a party fails to participate in mediation, the case, at
the Court's discretion, may be stricken from the trial calendar, pleadings may be
stricken, and other sanctions may be imposed.
D. Any party opposing mediation may proceed under Florida Rule of Civil Procedure
1.700(b).
DONE AND ORDERED in West Palm Beach, Palm Beach County, Florida.
Page 7 of 8
Case No. 50-2024-CA-002539-XXXA-MB
50 2024 CA-002539-XXXA MB 03/20/2024
James Nutt Circuit Judge
50-2024-CA-002539-XXXA-MB 03/20/2024
James Nutt
Circuit Judge
A copy of this Order has been furnished to the Plaintiff. The Plaintiff shall serve this Order to the
Defendant(s) in compliance with Administrative Order 3.110 (amended).
This notice is provided pursuant to Administrative Order No. 2.207-7/22
“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 William
Hutchings, Jr., Americans with Disabilities Act Coordinator, Palm Beach
County Courthouse, 205 North Dixie Highway West Palm Beach, Florida
33401; telephone number (561) 355-4380 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.”
“Si usted es una persona minusválida que necesita algún
acomodamiento para poder participar en este procedimiento, usted tiene
derecho, sin tener gastos propios, a que se le provea cierta ayuda. Tenga la
amabilidad de ponerse en contacto con William Hutchings, Jr., 205 N.
Dixie Highway, West Palm Beach, Florida 33401; teléfono número (561)
355-4380, por lo menos 7 días antes de la cita fijada para su comparecencia
en los tribunales, o inmediatamente después de recibir esta notificación si
el tiempo antes de la comparecencia que se ha programado es menos de 7
días; si usted tiene discapacitación del oído o de la voz, llame al 711.”
“Si ou se yon moun ki enfim ki bezwen akomodasyon pou w ka
patisipe nan pwosedi sa, ou kalifye san ou pa gen okenn lajan pou w peye,
gen pwovizyon pou jwen kèk èd. Tanpri kontakte William Hutchings, Jr.,
kòòdonatè pwogram Lwa pou ameriken ki Enfim yo nan Tribinal Konte
Palm Beach la ki nan 205 North Dixie Highway, West Palm Beach, Florida
33401; telefòn li se (561) 355-4380 nan 7 jou anvan dat ou gen randevou
pou parèt nan tribinal la, oubyen imedyatman apre ou fin resevwa
konvokasyon an si lè ou gen pou w parèt nan tribinal la mwens ke 7 jou; si
ou gen pwoblèm pou w tande oubyen pale, rele 711.”
Page 8 of 8
Preview
Filing # 194430363 E-Filed 03/20/2024 01:01:38 PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CIRCUIT CIVIL DIVISION: "AO" CASE NO.: 502024CA002539XXXAMB LABORATORY CORPORATION OF AMERICA, Plaintiff/Petitioner vs. SUNSHINE HEALTHCARE GROUP LLC, Defendant/Respondent. ________________________________________/ ORDER IMPLEMENTING DIFFERENTIATED CASE MANAGEMENT PLAN, DESIGNATING CASE TO THE STREAMLINED TRACK, ORDER SETTING CALENDAR CALL AND CASE MANAGEMENT CONFERENCE AND DIRECTING PRETRIAL AND MEDIATION PROCEDURES (DCMSNT) THIS MATTER is a Circuit Civil case calling for a non-jury trial. Accordingly, it is: ORDERED AND ADJUDGED that pursuant to Administrative Order 3.110 (as amended), this case is designated to the STREAMLINED TRACK. The deadlines established by this Order are to ensure the case is disposed of within 12 months from the date of filing. To that end, the following procedures and deadlines shall be strictly observed: I. SERVICE OF THIS ORDER, ACTIVE CASE MANAGEMENT AND NON- COMPLIANCE Plaintiff/Petitioner is directed to serve this Order upon each Defendant/Respondent with the Initial Complaint/Petition and Summons. The deadlines and procedures set forth herein are firm and may be modified only upon a showing of a good faith attempt to comply with the deadlines or demonstration of a significant change of circumstances and through the process established in the 15th Circuit's Administrative Order 3.110 (as amended). The parties are expected to actively manage the case and to confer early and often to ensure compliance with this order and timely resolution of the case. The parties and counsel are expected to govern themselves at all times with a spirit of cooperation, professionalism, and civility. They are expected to accommodate each other whenever reasonably possible and eliminate disputes by reasonable agreements. Self- Represented/Pro se litigants (i.e. those without counsel) are held to the same obligations imposed upon counsel. Motions to extend deadlines must be filed prior to the deadline. Untimely motions will be denied absent compelling circumstances and showing of good cause. NONCOMPLIANCE WITH THIS ORDER, ABSENT A SHOWING OF GOOD CAUSE, MAY RESULT IN DISMISSAL OF THE ACTION, THE STRIKING OF PLEADINGS, WITNESSES, OR EXHIBITS, REMOVAL OF THE CASE FROM THE DOCKET, DEFAULT OR ANY OTHER APPROPRIATE Page 1 of 8 *** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 03/20/2024 01:01:38 PM *** Case No. 50-2024-CA-002539-XXXA-MB SANCTION. The failure to act in good faith and comply with this order must be reported, if not resolved through a conference of the parties and good faith conferral, by filing a "Suggestion of Non- Compliance with Pre- Trial Order" that must be set for hearing in a timely manner. The Suggestion must name the non-compliant person, describe the act of non-compliance, be served upon all parties and sent to the Court's chambers. Responses may only be submitted upon request of the Court. Failure to correct any non-compliance before the hearing may result in sanctions as described above. The parties will notify the Court immediately if non-compliance is cured; if cured more than 7 days before the hearing, the hearing may be cancelled. II. SCHEDULING, CONTINUANCES AND PRETRIAL DEADLINES A CASE MANAGEMENT CONFERENCE and CALENDAR CALL will be held on February 21, 2025. The parties must be ready to try the case by that day. The specific time of Case Management Conference, and procedures for conducting Calendar Call can be found on the Division's webpages at www.15thcircuit.com. The Calendar Call may be conducted in-person or by e-calendar. The trial period begins the first business day of the immediately following week after the above-listed Case Management Conference and Calendar Call, unless otherwise described in the divisional instructions or by court order. TRIAL CONTINUANCES: If a case cannot be ready for trial by the Calendar Call despite all good faith efforts, a motion to continue trial must be set for a Differentiated Case Management (DCM) Conference as described in the 15th Circuit's Administrative Order 3.110 (as amended) and the next paragraph. Any motion to continue the trial must comply with Fla. R. Civ. P. Rule 1.460, including that they are signed by the client. The Motion must be filed and the DCM Conference set no more than 30 DAYS from the last defendant being served or as soon as circumstances giving rise to the need for a continuance becomes known and only for good cause. Every motion for a continuance must include a proposed Amended DCMO resetting each pretrial deadline that remains applicable and indicating the month the case can be ready for trial. DCM CONFERENCES: DCM conferences are scheduled through the Circuit's Online Scheduling System under DCM- Case Management Conference Scheduling. No less than ten (10) days in advance of the DCM Conference the parties must file with the Clerk a Joint Status Report that: 1. Concisely updates the Court on the status of the case, 2. Identifies pending motions and other matters the Court needs to address, and 3. If applicable, provides a proposed revised pretrial schedule. The parties must upload the Joint Status report at least 7 days in advance of a DCM Conference through the e-courtesy feature of the Circuit's Online Scheduling System. The parties are to be prepared at the DCM Conference to address the topics listed in Rule 1.200(a) and for the court, at its discretion, to hear or set for hearing any pending motions. The following deadlines (discussed in detail below) apply unless otherwise modified by the Court: Page 2 of 8 Case No. 50-2024-CA-002539-XXXA-MB EVENTS DESCRIPTION COMPLETION DEADLINE July 17, 2024 Service under 1. Service of Complaint See Part III.A, infra extension is only by court order. Pleading Amendments/ 2. See Part III.B, infra September 15, 2024 Adding parties Resolution of all motions/objections 3. directed to the pleadings See Part III.B, infra September 15, 2024 (i.e. to dismiss or strike) and pleadings closed * Expert Witnesses and 4. See Part III.D, infra January 7, 2025 Compulsory Examinations 5. Witness & Exhibit Lists See Part III.C, infra January 7, 2025 6. Rebuttal Witness Lists See Part III.E, infra January 17, 2025 Filing Summary Judgment 7. See Part III.J, infra January 22, 2025 & Daubert Motions 8. Discovery Cut-Off See Part III.H, infra January 22, 2025 9. Pre-trial Meet & Confer See Part III.I, infra February 6, 2025 10. Deposition Designations See Part III.G, infra February 11, 2025 11. Deadline for Mediation See Part IV, infra February 11, 2025 Deadline to hear ALL 12. See Part III.J, infra February 16, 2025 Motions 13. Trial Ready Date ** See Part II, supra February 21, 2025 Fla. R. Gen. Prac. & Jud. Admin. Rule 2.514 governs if any deadlines falls on a weekend or holiday. *The parties must expeditiously address any motions directed to the pleadings. Defensive motions under Rule 1.140 of the Fla. R. Civ. P., motions to extend time to file a defensive motion or pleading, and any other motion preventing the matter from being at issue shall be set for hearing within five (5) days of filing. The motion should be scheduled for hearing at the earliest date that the Court and parties are available. **The Court reserves the authority to expedite the trial setting and amend the pretrial deadlines accordingly. III. UNIFORM PRE- TRIAL PROCEDURE A. Timely Service and Defaults: Parties must make reasonable efforts to ensure speedy service. Each return of service must be separately filed for each defendant. If service is not completed within 90 days, an Order will be issued directing service by the 120 DAY DEADLINE. Failure to comply will result in dismissal of the case or party for lack of service. Any motions to extend the deadline for service must specify why service could not have been effectuated, what is being done to effectuate service and request only that amount of additional time necessary. Page 3 of 8 Case No. 50-2024-CA-002539-XXXA-MB If all defendants become defaulted, a Motion for Default Final Judgment along with supporting documentation must be filed within 30 days of the last default and set for hearing at the next available hearing time. B. Amendment of Pleadings, Motions Directed at Pleadings and Notice for Trial: Any Motions to Amend Pleadings to add parties must be filed no later than the first business day 180 DAYS AFTER THE CASE IS FILED. The parties must expeditiously address any other motions directed to the pleadings. Defensive motions under Rule 1.140 of the Fla. R. Civ. P., motions to extend time to file a defensive motion or pleading, and any other motion preventing the matter from being at issue must be set for hearing within 5 days of filing to be heard at the earliest date that the Court and parties are available. If the pleadings are not closed and the case not at issue 180 DAYS AFTER FILING, the parties must appear for a DCM Conference to be noticed and held in accordance within the 15th Circuit's Administrative Order 3.110 (as amended) and Divisional Instructions located on the Circuit's website for the Division to which the case is assigned. C. Exhibits and Witnesses. On the last business day no later than 45 DAYS PRIOR TO CALENDAR CALL, the parties must exchange lists of all trial exhibits, names and addresses of all trial witnesses. D. Expert Witnesses and Compulsory Medical Examinations. If Expert Witnesses or Compulsory Medical Examinations are anticipated, the Parties must confer and establish a schedule for completing related discovery, including deadlines for disclosures, written discovery, depositions and motions directed at Experts or Compulsory Medical Examiners that will result in the completion of Expert/CME Discovery and resolution of Motions directed at them at least 45 DAYS BEFORE TRIAL. If agreed, the parties must submit a proposed Expert/CME Scheduling Order for entry by the Court. If not, the parties must appear for a DCM Case Management Conference. Expert Disclosures: In addition to names and addresses of each expert retained to formulate an expert opinion with regard to this cause, both on the initial listing and on rebuttal, the parties must provide: 1. The subject matter about which the expert will testify; 2. The substance of facts and opinions to which the expert will testify; 3. A summary of the grounds for each opinion; 4. A copy of any written reports issued by the expert; and 5. A copy of the expert's curriculum vitae. One Expert Per Specialty: The parties will be limited to one expert witness per specialty unless they obtain leave of Court to list and call more than one expert witness per specialty, no later than 60 days prior to calendar call. E. Rebuttal Witnesses and Exhibits. On the last business day no later than 35 DAYS PRIOR TO CALENDAR CALL, the parties must exchange lists of names and Page 4 of 8 Case No. 50-2024-CA-002539-XXXA-MB addresses of all rebuttal witnesses and lists of any rebuttal exhibits. F. Additional Exhibits, Witnesses Or Objections. At trial, the parties will be strictly limited to exhibits and witnesses disclosed and objections reserved on the schedules attached to the Pre-Trial Stipulation prepared in accordance with paragraphs D and E, absent agreement specifically stated in the Pre-Trial Stipulation or order of the Court upon good cause shown. Failure to reserve objections constitutes a waiver. A party desiring to use an exhibit or witness discovered after counsel have conferred pursuant to paragraph D must immediately furnish the Court and other counsel with a description of the exhibit or with the witness' name and address and the expected subject matter of the witness' testimony, together with the reason for the late discovery of the exhibit or witness. Use of the exhibit or witness may be allowed by the Court for good cause shown or to prevent manifest injustice. G. Deposition Designations. No later than 10 DAYS PRIOR TO CALENDAR CALL, each party must serve designation of depositions, or portions of depositions, each intends to offer as testimony. No later than 8 DAYS PRIOR TO CALENDAR CALL, each opposing party is to serve any counter (or "fairness") designations to portions of depositions designated, together with objections to the depositions, or portions thereof, originally designated. No later than 5 DAYS BEFORE calendar call, each party must serve any objections to counter designations served by an opposing party. H. Discovery Cutoff. Unless otherwise agreed in the Pre-Trial Stipulation, all discovery must be completed no later than 30 DAYS PRIOR TO CALENDAR CALL absent agreement for later discovery specifically stated in the Pre-Trial Stipulation or for other good cause shown. Absent unforeseeable, exigent circumstances, the failure to complete discovery is not grounds for a continuance. I. Pre- Trial Meet and Confer. On the last business day no later than 15 DAYS PRIOR TO CALENDAR CALL, the parties must confer and: 1. Discuss settlement; 2. Simplify the issues and stipulate, in writing, as to as many facts and issues as possible; 3. Prepare a Pre-Trial Stipulation in accordance with paragraph K; and 4. List all objections to trial exhibits. J. Motions: The Parties must plan for, file and timely set hearings for any motions they expect the Court to address in advance of trial. No motions will be heard the day of trial. Few are appropriate after Calendar Call. The parties must confer early in the case and coordinate briefing and discovery schedules, as necessary, to ensure motions are timely heard. While motion practice is critical to the advancement and streamlining of a case, the Parties are reminded they DO NOT have an absolute right to most motions being heard. Failure to timely file and set motions for hearing in advance of Calendar Call will likely result in the Court denying a request for hearing. Failure to file and have a motion heard is not grounds for a trial continuance. Summary Judgment and Daubert Motions must be filed at least 30 DAYS prior Page 5 of 8 Case No. 50-2024-CA-002539-XXXA-MB to Calendar Call. The parties shall confer regarding summary judgment motions to ensure discovery necessary for those motions is completed in advance of their filing. ALL MOTIONS (including dispositive motions to motions in limine), must be heard no less than 5 days before Calendar Call. Parties must plan and seek hearing time sufficiently in advance to ensure this deadline is met. The Court reminds the parties that unless an advance ruling will assist in preparation and reduction of hearing time, Motions in Limine and Daubert Motions at bench trials typically duplicate judicial effort. K. Filing of Pre- Trial Stipulation. It is the duty of counsel for the Plaintiff to see that the Pre-Trial Stipulation is drawn, executed by counsel for all parties, and filed with the Clerk no later than 15 DAYS PRIOR TO CALENDAR CALL. Unilateral pretrial statements are disallowed, unless approved by the Court, after notice and hearing showing good cause. Counsel for all parties are charged with good faith cooperation in this regard. The Pre-Trial Stipulation must contain in separately numbered paragraphs: 1. A list of all pending motions including Motions in Limine and Daubert Motions requiring action by the Court and the dates those motions are set for hearing. Motions not listed are deemed waived. 2. Stipulated facts requiring no proof at trial which may be read to the trier of fact; 3. A statement of all issues of fact for determination at trial; 4. Lists of exhibits itemized as follows: a. Exhibits to be admitted by Plaintiff without objection; b. Exhibits to be admitted by Defendant without objection; c. Objected to Exhibits, with the specific basis for the objection stated Note: Reasonably specific description of each exhibit is required. Non- specific descriptions like "all documents produced in discovery" will be stricken. Moreover, Objections may not be "reserved." Failure to specify an objection constitutes its waiver. 5. Each party's numbered list of trial witnesses with addresses (including all known rebuttal witnesses); the list of witnesses must be on separate schedules attached to the Stipulation; 6. A statement of total estimated time for trial, including the time needed per side for (1) opening arguments, (2) each case in chief, and (3) closing arguments. 7. Names of attorneys to try case and their contact information. Failure to file the Pre-Trial Stipulation or a Court Approved Unilateral Stipulation as provided above may result in the case being stricken from the Court's calendar or other sanctions, including dismissal or default. L. Pre- Trial Conference pursuant to Fla. R. Civ. P. 1.200 If a pre-trial conference is set upon motion of a party or by the Court, counsel must meet and prepare a Page 6 of 8 Case No. 50-2024-CA-002539-XXXA-MB stipulation pursuant to paragraph K, infra, and file the stipulation no later than 5 DAYS BEFORE THE CONFERENCE. Failure to request a pre-trial conference in a timely fashion constitutes a waiver of the notice of requirement of Rule 1.200. Absent prior approval, Motions for Summary Judgment will not be heard at any pre- trial conference. M. Pre- Marking Exhibits. Prior to trial, each party is to mark for identification all exhibits, as directed by the clerk. (instructions and templates found at www.mypalmbeachclerk.com/departments/courts/evidence-guidelines/civil- evidence) N. Unique Questions Of Law. Prior to calendar call, counsel for the parties are directed to exchange and simultaneously submit to the Court appropriate memoranda with citations to legal authority in support of any unique legal questions that may reasonably be anticipated to arise during the trial. IV. MEDIATION A. All parties are required to participate in mediation as follows: 1. The attendance of counsel who will try the case and representatives of each party with full authority to enter into a complete compromise and settlement is mandatory. If insurance is involved, an adjuster with authority up to the policy limits must attend. 2. At least one week prior to a scheduled mediation conference, all parties are to file with the mediator a brief, written summary of the case containing a list of issues as to each party. 3. All communications at the mediation conference are privileged consistent with Florida Statutes sections 44.102 and 90.408. 4. The mediator has no power to compel or enforce a settlement agreement. If a settlement is reached, it is a responsibility of the attorneys or parties to reduce the agreement to writing and to comply with Florida Rule of Civil Procedure 1.730(b), unless waived. B. The Plaintiff's attorney is responsible for scheduling mediation. The parties should agree on a mediator. If they are unable to agree, any party may apply to the Court for appointment of a mediator in conformity with Rule 1.720 (j), Fla. R. Civ. P. The lead attorney or party must file and serve on all parties and the mediator a Notice of Mediation giving the time, place, and date of the mediation and the mediator's name. C. Completion of mediation prior to calendar call is a prerequisite to trial and must be completed no later than 10 DAYS PRIOR TO CALENDAR CALL. If mediation is not conducted, or if a party fails to participate in mediation, the case, at the Court's discretion, may be stricken from the trial calendar, pleadings may be stricken, and other sanctions may be imposed. D. Any party opposing mediation may proceed under Florida Rule of Civil Procedure 1.700(b). DONE AND ORDERED in West Palm Beach, Palm Beach County, Florida. Page 7 of 8 Case No. 50-2024-CA-002539-XXXA-MB 50 2024 CA-002539-XXXA MB 03/20/2024 James Nutt Circuit Judge 50-2024-CA-002539-XXXA-MB 03/20/2024 James Nutt Circuit Judge A copy of this Order has been furnished to the Plaintiff. The Plaintiff shall serve this Order to the Defendant(s) in compliance with Administrative Order 3.110 (amended). This notice is provided pursuant to Administrative Order No. 2.207-7/22 “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 William Hutchings, Jr., Americans with Disabilities Act Coordinator, Palm Beach County Courthouse, 205 North Dixie Highway West Palm Beach, Florida 33401; telephone number (561) 355-4380 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.” “Si usted es una persona minusválida que necesita algún acomodamiento para poder participar en este procedimiento, usted tiene derecho, sin tener gastos propios, a que se le provea cierta ayuda. Tenga la amabilidad de ponerse en contacto con William Hutchings, Jr., 205 N. Dixie Highway, West Palm Beach, Florida 33401; teléfono número (561) 355-4380, por lo menos 7 días antes de la cita fijada para su comparecencia en los tribunales, o inmediatamente después de recibir esta notificación si el tiempo antes de la comparecencia que se ha programado es menos de 7 días; si usted tiene discapacitación del oído o de la voz, llame al 711.” “Si ou se yon moun ki enfim ki bezwen akomodasyon pou w ka patisipe nan pwosedi sa, ou kalifye san ou pa gen okenn lajan pou w peye, gen pwovizyon pou jwen kèk èd. Tanpri kontakte William Hutchings, Jr., kòòdonatè pwogram Lwa pou ameriken ki Enfim yo nan Tribinal Konte Palm Beach la ki nan 205 North Dixie Highway, West Palm Beach, Florida 33401; telefòn li se (561) 355-4380 nan 7 jou anvan dat ou gen randevou pou parèt nan tribinal la, oubyen imedyatman apre ou fin resevwa konvokasyon an si lè ou gen pou w parèt nan tribinal la mwens ke 7 jou; si ou gen pwoblèm pou w tande oubyen pale, rele 711.” Page 8 of 8