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Filing # 194470392 E-Filed 03/20/2024 05:09:36 PM
IN THE COUNTY/CIRCUIT COURT OF
THE NINTH JUDICIAL CIRCUIT, IN
AND FOR ORANGE AND OSCEOLA
COUNTY, FLORIDA
IN RE: CIVIL CASE MANAGEMENT
PLAN AND ORDER
STANDING CASE MANAGEMENT PLAN/ORDER
(General Track)
PURSUANT TO /n re: Comprehensive COVID-19 Emergency Measures for
Florida Trial Courts, Fla. Admin. Order No. AOSC20-23 (Amendment 12) (April 13,
2021), and Ninth Judicial Circuit Court Administrative Order No. 2021-04 (collectively
the “Case Management Administrative Orders”), this case is before the Court for case
management. Based on the case type of the initial filing in this case, the Case
Management Administrative Orders, and pursuant to Rule 2.545, Fla. R. Gen. Prac. &
Jud. Admin., the Court hereby establishes a case management plan. It is hereby
ORDERED that:
1 COMPLIANCE WITH THIS CASE MANAGEMENT PLAN/ORDER: The
parties shall strictly comply with the terms of this Case Management Plan/Order, unless
otherwise ordered by the Court. FAILURE TO COMPLY WITH ALL REQUIREMENTS
OF THIS ORDER WILL RESULT IN THE IMPOSITION OF SANCTIONS. If the parties
believe that an alternate plan is required or more appropriate, then the parties shall
meet, confer and agree on a plan that complies with the time standards set forth in Rule
2.250, Fla. R. Gen. Prac. & Jud. Admin. The parties may submit an agreed upon plan
to the division judge for consideration, or set the matter for a case management
conference.
2 ADDITIONAL NINTH CIRCUIT AND DIVISION SPECIFIC GUIDELINES:
All counsel and unrepresented parties shall familiarize themselves and comply with the
requirements of the following: (i) Amended Administrative Order Establishing the
Ninth Judicial Circuit Court Circuit Civil Court Guidelines (AO 2012-03-01); (ii)
Amended Administrative Order Establishing the Ninth Judicial Circuit Courtroom
Decorum Policy (AO 2003-07-02) (iii) Amended Administrative Order Establishing
the Ninth Judicial Circuit Court County Civil Court Guidelines, Orange County
(A02017-04-01) and (iv) any division-specific guidelines that may be applicable.
3 MODIFICATION OF THIS ORDER: The parties may not, individually or
by agreement, alter or extend the deadlines in this Order, or waive any of the provisions
of this Order. The provisions of this Order may be modified only upon motion/stipulation
and Court order in accordance with applicable law.
4 SERVICE OF THIS ORDER WITH INITIAL PROCESS: Pursuant to the
Case Management Orders, the Plaintiff shall file a copy of this Order in the case. Any
party serving an initial pleading (complaint, third-party complaint, etc.) in this case shall
serve a copy of this Order together with initial service of process.
CASE MANAGEMENT PLAN - GENERAL TRACK
Note: All dates are to be calculated from the date of filing of the initial complaint unless
otherwise noted.
Deadline for Service of Process: 120 days
Deadline for Service of Process extended 150 days, failing same, all unserved
if not accomplished within 120 days: defendants are dismissed without
prejudice
Deadline for Leave to Add Parties and Motions must be set for hearing and
Amend Pleadings: heard within 90 days from service on the
last defendant, or deemed abandoned
and denied
Motions to Dismiss, Motions for More Must be set for hearing and heard within
Definite Statement, Motions to Strike and 60 days from filing of the
any objections to the pleadings: motion/objection, or deemed abandoned
and denied. Non-movant shall timely
submit a proposed order in the event the
motion/objection is deemed abandoned
and denied
Deadline for Completion of Fact and 450 days
Expert Discovery: (additional disclosure and discovery
deadlines will be established by the
Uniform Order Setting Pre-Trial and Trial
in the case)
Pre-trial Motions, including Dispositive Must be filed no later than 15 days after
and Daubert Motions completion of discovery and heard no
later than 7 days prior to the pre-trial
conference, or deemed abandoned and
denied
Mediation/Alternative Dispute Resolution Within 30 days after completion of the
depositions of all parties, counsel shall
meet and confer regarding whether an
early mediation would be productive to
resolution of certain issues or the entire
case. A final mediation shall occur no
later than 30 days after completion of all
discovery
Approximate Pre-Trial Conference: 17 months
Actual Date to be set by Trial Order
Approximate Trial Date: 18 months
Actual date to be set by Trial Order
5. NOTICES FOR TRIAL: Within ten (10) days of the case being at issue as defined
by Rule 1.440, Fla. R. Civ. P., the Plaintiff shall confer with opposing counsel/party
regarding the anticipated length of trial and file a Notice for Trial. The Plaintiff shall
forward a copy of the Notice for Trial to the Judicial Assistant at the Division email
address noted on the Ninth Circuit website.
DISCOVERY: All counsel and unrepresented parties shall familiarize themselves
with the current edition of the Florida Handbook on Civil Discovery Practice and seek
to resolve discovery issues without court intervention whenever possible.
SETTLEMENT: The case will not be removed from the docket until all documents
necessary for closure of the case are filed with the Clerk and notification has been
provided to the judicial assistant. A notice of settlement is not sufficient to remove
the case from the trial docket.
DONE AND ORDERED in Orange/Osceola County, Florida.
j.
Chief Judge XO
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 in your county 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.
ORANGE COUNTY: Human Resources, Orange County Courthouse,
425 N. Orange Avenue, Suite 510, Orlando, Florida, (407) 836-2303
OSCEOLA COUNTY: Court Administration, Osceola County
Courthouse, 2 Courthouse Square, Suite 6300, Kissimmee, Florida,
(407) 742-2417
REV 04/29/2021