On March 20, 2024 a
Order
was filed
involving a dispute between
Cummings As Parent And Guardia,
and
Franklin County School Board,
Smith In His Official Capacity,
for Other Cir Civil
in the District Court of Franklin County.
Preview
IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT
IN AND FOR FRANKLIN COUNTY, FLORIDA
BRENDA CUMMINGS as parent CASE NO.: O7Ar. ORGY
and guardian of A. A.
RECENEn
Plaintiff,
vs. MAR 2 jy
Clerk
A.J. SMITH in his official capacity as SHERIFF of Franklin
FRANKLIN CO. and FRANKLIN CO. SCHOOL BOARD <<
Defendant.
UNIFORM ORDER FOR ACTIVE DIFFERENTIAL CIVIL CASE MANAGEMENT
In compliance with Florida Supreme Court directives on active, differential civil
case management established in Supreme Court Administrative Order AOSC20-23,
Amendment 12, and Second Judicial Circuit Administrative Order 21-04, all parties in the
above-styled cause are bound by this Case Management Order.
Plaintiff shall serve this order on all parties with service of the original complaint.
Strict enforcement is required unless good cause is shown for an exception or as
otherwise required by law.
(. PROJECTED TRIAL DATE
All COUNTY COURT Civil cases are designated STREAMLINED CASES with a
projected trial date of 360 days from the date of filing the compiaint.
All CIRCUIT COURT Civil cases for which the complaint does not demand trial
by jury are designated STREAMLINED CASES with a projected trial date of 360 days
from the date of filing of the complaint.
All CIRCUIT COURT Civil cases for which the complaint demands trial by jury
are GENERAL CASES with a projected trial date of 540 days from the date of filing of
the complaint.
Achange in the above designation may be made by the presiding judge on
the judge’s own initiative or upon motion of any party. Should any party assert that
a civil case should be treated other than designated above, such party shall file a written
motion requesting such change and the motion shall be expeditiously resolved by the
presiding judge.
il. Notice that Cause is at Issue and Firm Trial Date
The parties must file a Joint Notice that the Cause is at issue no later than 15
days after the pleadings are closed. In the event of a dispute, either party may file a
motion and request a hearing to determine if the cause is at issue.
Upon joint notice or judicial determination that the cause is at issue, the Court will
schedule a Firm Trial Date consistent with the Projected Trial Date above unless either
party requests a different date in their Notice that the Cause is at Issue. Should either
party request a Firm Trial Date different than the Projected Trial Date, the plaintiff shail
expeditiously set a case management conference to determine the Firm Trial Date.
Ill. Mandatory Deadlines for Streamlined Cases
If this case is designated as'a STREAMLINED CASE, the following deadlines shall
apply and, by directive of the Florida Supreme Court, must be strictly enforced unless
good cause is shown for an:exception or as otherwise required by law:
120 days after filing Service of Complaints
150:days after filing Service under any Extension of Time
180 days after filing Adding New Parties
210.days after filing Resolution of Objections. to Pleadings: and Motions to
Dismiss
270 days after filing Compietion of Fact and Expert Discovery
270 days.after filing Resolution of Pretrial Motions, Including Motions for
Summary Judgment
IV: Mandatory Deadlines for General Cases
If this case is designated as a GENERAL CASE, the following deadlines shall apply
and, by directive of the Florida Supreme Court, must be strictly enforced unless good
cause is shown for an exception or as.otherwise required by law:
120 days after filing Service of Complaints
180 days after filing Service under any. Extension of Time
210 days after filing Adding New Parties
270 days after filing Resolution of Objections to Pleadings and Motions to
Dismiss
400 days after filing Completion of Fact and Expert Discovery
400 days after filing Resolution of Pretrial Motions, Including Motions for
Summary Judgment
V. Mediation
All parties must mediate unless excused by court order for good cause shown or
as otherwise required by law anid in compliance with Rules of Civil Procedure 1.700-
1.730.
Vi. Noncompliance
By Order of the Florida Supreme Court, strict, good faith compliance with
this Uniform Order for Active, Differential Civil Case Management is required
unless. good cause is shown for an exception or as otherwise required by law.
These procedures and time standards do not supplant any existing rule, statute, or
law.
Page 2 of 4
Failure to appear at the pretrial conference or failure to comply with the terms
of this order may result in such sanctions as are just and lawful including: an
immediate ex parte hearing and entry of final judgment of default or dismissal
limitation of witnesses or other evidence, striking of claims or defenses, or
imposition of attorney fees or costs
VII. Hearings by Audio-Video Technology
During the COVID-19 Public Health Emergency. all hearings other than jury
selection and trial shall'be conducted consistent with Florida Supreme Courtand Second
Circuit Administrative Order by audio-video technology. Each. judge. is responsible to
establish the process for such audio-video technology hearings by notice of hearing
including technology access
After the conclusion of the COVID-19 Public Health Emergency all hearings other
than jury selection and trial may be conducted by audio-video technology. Each judge is
responsible ‘to establish the process for such audio-video technology hearings by notice
of hearing including technology access.
DONE AND ORDERED in Chambers in Apalachicola, Franklin County, Florida this
21 day of MARCH 2023.
hee
NairCIRCUIT. NCIS J
Order efiled to counsel of record for distribution
Page 3 of 4
SUPPLEMENT TO CIVIL CASE MANAGEMENT ORDER
If, at the time the Uniform Order For Active Differential Civil Case Management
(“Order”) is filed, service on the defendant(s) has already been made or process provided
to a process server, the plaintiff tay comply with. the second (in bold) paragraph of the
Order by. promptly providing a copy of the Order to the defendant(s) by U.S. Mail or by
Electronic Mail. The plaintiff(s) shall then file a certificate of service documenting that this
Order has been provided to the defendant(s) in this manner.
Page 4 of 4
Document Filed Date
March 21, 2024
Case Filing Date
March 20, 2024
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT IN AND FOR FRANKLIN COUNTY, FLORIDA BRENDA CUMMINGS as parent CASE NO.: O7Ar. ORGY and guardian of A. A. RECENEn Plaintiff, vs. MAR 2 jy Clerk A.J. SMITH in his official capacity as SHERIFF of Franklin FRANKLIN CO. and FRANKLIN CO. SCHOOL BOARD << Defendant. UNIFORM ORDER FOR ACTIVE DIFFERENTIAL CIVIL CASE MANAGEMENT In compliance with Florida Supreme Court directives on active, differential civil case management established in Supreme Court Administrative Order AOSC20-23, Amendment 12, and Second Judicial Circuit Administrative Order 21-04, all parties in the above-styled cause are bound by this Case Management Order. Plaintiff shall serve this order on all parties with service of the original complaint. Strict enforcement is required unless good cause is shown for an exception or as otherwise required by law. (. PROJECTED TRIAL DATE All COUNTY COURT Civil cases are designated STREAMLINED CASES with a projected trial date of 360 days from the date of filing the compiaint. All CIRCUIT COURT Civil cases for which the complaint does not demand trial by jury are designated STREAMLINED CASES with a projected trial date of 360 days from the date of filing of the complaint. All CIRCUIT COURT Civil cases for which the complaint demands trial by jury are GENERAL CASES with a projected trial date of 540 days from the date of filing of the complaint. Achange in the above designation may be made by the presiding judge on the judge’s own initiative or upon motion of any party. Should any party assert that a civil case should be treated other than designated above, such party shall file a written motion requesting such change and the motion shall be expeditiously resolved by the presiding judge. il. Notice that Cause is at Issue and Firm Trial Date The parties must file a Joint Notice that the Cause is at issue no later than 15 days after the pleadings are closed. In the event of a dispute, either party may file a motion and request a hearing to determine if the cause is at issue. Upon joint notice or judicial determination that the cause is at issue, the Court will schedule a Firm Trial Date consistent with the Projected Trial Date above unless either party requests a different date in their Notice that the Cause is at Issue. Should either party request a Firm Trial Date different than the Projected Trial Date, the plaintiff shail expeditiously set a case management conference to determine the Firm Trial Date. Ill. Mandatory Deadlines for Streamlined Cases If this case is designated as'a STREAMLINED CASE, the following deadlines shall apply and, by directive of the Florida Supreme Court, must be strictly enforced unless good cause is shown for an:exception or as otherwise required by law: 120 days after filing Service of Complaints 150:days after filing Service under any Extension of Time 180 days after filing Adding New Parties 210.days after filing Resolution of Objections. to Pleadings: and Motions to Dismiss 270 days after filing Compietion of Fact and Expert Discovery 270 days.after filing Resolution of Pretrial Motions, Including Motions for Summary Judgment IV: Mandatory Deadlines for General Cases If this case is designated as a GENERAL CASE, the following deadlines shall apply and, by directive of the Florida Supreme Court, must be strictly enforced unless good cause is shown for an exception or as.otherwise required by law: 120 days after filing Service of Complaints 180 days after filing Service under any. Extension of Time 210 days after filing Adding New Parties 270 days after filing Resolution of Objections to Pleadings and Motions to Dismiss 400 days after filing Completion of Fact and Expert Discovery 400 days after filing Resolution of Pretrial Motions, Including Motions for Summary Judgment V. Mediation All parties must mediate unless excused by court order for good cause shown or as otherwise required by law anid in compliance with Rules of Civil Procedure 1.700- 1.730. Vi. Noncompliance By Order of the Florida Supreme Court, strict, good faith compliance with this Uniform Order for Active, Differential Civil Case Management is required unless. good cause is shown for an exception or as otherwise required by law. These procedures and time standards do not supplant any existing rule, statute, or law. Page 2 of 4 Failure to appear at the pretrial conference or failure to comply with the terms of this order may result in such sanctions as are just and lawful including: an immediate ex parte hearing and entry of final judgment of default or dismissal limitation of witnesses or other evidence, striking of claims or defenses, or imposition of attorney fees or costs VII. Hearings by Audio-Video Technology During the COVID-19 Public Health Emergency. all hearings other than jury selection and trial shall'be conducted consistent with Florida Supreme Courtand Second Circuit Administrative Order by audio-video technology. Each. judge. is responsible to establish the process for such audio-video technology hearings by notice of hearing including technology access After the conclusion of the COVID-19 Public Health Emergency all hearings other than jury selection and trial may be conducted by audio-video technology. Each judge is responsible ‘to establish the process for such audio-video technology hearings by notice of hearing including technology access. DONE AND ORDERED in Chambers in Apalachicola, Franklin County, Florida this 21 day of MARCH 2023. hee NairCIRCUIT. NCIS J Order efiled to counsel of record for distribution Page 3 of 4 SUPPLEMENT TO CIVIL CASE MANAGEMENT ORDER If, at the time the Uniform Order For Active Differential Civil Case Management (“Order”) is filed, service on the defendant(s) has already been made or process provided to a process server, the plaintiff tay comply with. the second (in bold) paragraph of the Order by. promptly providing a copy of the Order to the defendant(s) by U.S. Mail or by Electronic Mail. The plaintiff(s) shall then file a certificate of service documenting that this Order has been provided to the defendant(s) in this manner. Page 4 of 4