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Filing # 185395884 E-Filed 11/03/2023 08:56:39 AM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR
CHARLOTTE COUNTY, FLORIDA CIVIL ACTION
GREGORY TEGUE
Plaintiffis), CASE NO.: 23000559CA
vs.
CINDY HORNBUCKLE, THE
STANDARD FIRE INSURANCE
COMPANY
Defendant(s),
/
ORDER SETTING JURY TRIAL/NON-JURY TRIAL
AND PRETRIAL CONFERENCE
THIS CAUSE having come before the Court upon the filing of a NOTICE FOR TRIAL,
and/or on the Court’s own motion pursuant to the parties Case Management Plan, and it
appearing to be otherwise at issue, pursuant to Rule 1.440, Florida Rules of Civil Procedure it is
hereby:
ORDERED AND ADJUDGED as follows:
1 Status Hearing and Initial Pretrial Conference:
The court has set a Status Hearing on Thursday, November 9, 2023 at 2:30 PM or as
soon thereafter as may be heard and an initial pretrial conference on Monday, March 25, 2024 at
1:30PM or as soon thereafter as may be heard.
2 Attendance at Status Hearing and Pretrial Conferenc:
Attendance of trial counsel at the Status Hearing is MANDATORY. Status Hearing
appearance will be waived if the parties file a stipulation that the parties are in compliance with
the Case Management Plan (Case Management Plan deadlines dates may be extended by written
stipulation) AND, if ordered, mediation and non-binding arbitration, have been completed OR
Notice(s) setting mediation and/or non-binding arbitration have been filed in the case prior to the
scheduled Status Hearing date. Attendance of trial counsel at the initial pretrial conference is
MANDATORY for the purpose of resolving disputes in completing the attached Pretrial
Conference/Trial Order form, unless counsel submits an original signed stipulated pre-trial order
directly to the Judge’s office to be received at least three (3) days prior to the conference.
3 Trial Period
This cause is set for jury trial during the trial period Monday, May 20, 2024 through
Friday, June 21, 2024 at 9:00 AM at the Charlotte County Justice Center, 350 E. Marion Avenue,
Punta Gorda, Florida. The trial is set for 4 days. All parties shall be ready for trial at 9:00 a.m.
on the first day of said trial period. Parties not represented by an attomey should call the court
(941-637-2257) at least one week before the above trial period to obtain an exact time and date of
1
trial. Generally the order in which cases are to be tried will be determined by the judge no earlier
than the Final Pretrial Conference.
4 Final PreTrial Conference
The court has set a final pretrial conference on, Monday, May 13, 2024 at 9:00 AM or as
soon thereafter as may be heard for the purpose of setting the trial date and to address any pending
issues.
5 Pre-trial Events
A Exchange of Expert & Lay Witnesses. No later than thirty (30) days prior to the
Final Pretrial Conference date, counsel and/or parties shall file and exchange a list of the names
and yof facts about which the witness will testify or opinion of any expert witness. This is not
intended to extend the time frames set forth in the Plan, but rather to identify those witnesses that
will, in good faith, actually be called. No party shall be permitted to call any witness not so
disclosed, without prior permission of the Court, or written stipulation executed by all parties, or
if represented, their counsel.
B. Fabre Defendants. No later than thirty (30) days prior to the Final Pretrial
Conference date, all Defendants or other persons sought to be placed on the verdict form and
against whom some measure of liability may be assessed by the jury, must be disclosed to the court
and opposing counsel. No person or entity not so disclosed may be placed on the verdict form
without good cause shown.
Cc. Meeting Before Pretrial Conference. The attorneys for all parties (initiated by
counsel for the Plaintiff) and all pro-se parties shall meet no later than ten (10) days before the
Final Pretrial Conference to'address the issues identified in Fla.R.Civ.P 1.200(b) and:
1 Identify all exhibits each party, in good faith, intends to offer into evidence
at trial and prepare an exhibit list for use by the Clerk and the Court at trial
(actual exhibits and documentary evidence shall be available for inspection
at this time). (This is not intended to extend the time frames set forth in the
Plan, but rather to identify those exhibits that will in good faith actually be
offered into evidence at trial). Any exhibits not so identified will not be
admissible absent prior approval of the Court or a written stipulation of all
parties.
Agree to admit or not admit evidence and list specific objections, if any.
Stipulate to any matter of fact or law about which there is no issue in order
to avoid unnecessary proof (i.e., chain of custody or records custodian
predicates).
Review all depositions or any other evidence which will be offered for any
purpose other than impeachment to resolve objections to the portions to be
Counsel and/or parties involved in cases to be tried without a jury need not address jury instructions or other
pretrial matters that involve a jury, and need not complete these sections of the Pretrial Conference Order.
2
offered in evidence.
Discuss the possibility of settlement.
If applicable, submit an itemized statement of special damages the Plaintiff
expects to prove.
If ajury trial has been demanded, discuss jury instructions and verdict forms
and reach agreement, if possible, on same.
Discuss and complete any other matters which may simplify the issues or
aid in the speedy disposition of this action, the Pretrial Conference, and trial.
Draft one Pretrial Conference Order (using the attached form)’, signed by
all participating counsel and pro se parties. The Pretrial Conference Order
shall be submitted directly to the Court at least three (3) days prior to the
Initial Pretrial Conference. In the event the parties are unable to agree on all
matters in the Pretrial Conference Order, they shall leave the unagreed
matter(s) blank and same will be resolved at the Initial Pretrial Conference
with the Court.
D. Motions. Except for Motions in Limine, all motions, including the admissibility of
expert opinions pursuant to Daubert v. Merrell Dow Pharmaceuticals 509.U.S.579 (1993), shall
be filed and heard prior to the date of the Final Pretrial Conference or they are deemed abandoned.
All dispositive motions, including Motions for Summary Judgment, must be filed and scheduled
for hearing at least ten (10) days prior to the Final Pretrial Conference and must be heard no
later than 30 days prior to the commencement of the trial period. Motions in Limine must
be filed by the earlier of Final PreTrial Conference or 10 days prior to the commencement of
the trial period and must be heard no later than 10 days prior to the date of the trial. Motions
not filed and scheduled in compliance with this Order will be heard only upon a showing of good.
cause.
E Discovery. Counsel shall complete all discovery, including examinations, pursuant
to the Plan, if any. The conduct of discovery subsequentto the Pretrial Conference will be allowed.
only as permitted by the Plan, upon stipulation of the parties or upon Order of the Court for good
cause. Any discovery allowed subsequent to the Final Pretrial Conference shall not be a cause for
delay of the trial of this cause.
F Altemative Dispute Resolution. All parties are required to participate in ADR in
accordance with the Florida Rules of Civil Procedure, Rule 1.700. In the event that all of the parties
subject to these proceedings have not been to mediation in the last twelve (12) months or during
the course of this case, mediation is mandatory unless otherwise ordered. The parties may stipulate
to non-binding arbitration in lieu of mediation.
? The Pretrial Conference Order can also be downloaded from the Court’s website at
https://www.ca.cjis20.org/pdf/Charlotte/PretrialConferenceOrder.docx
G. Settlement. In the event of settlement at any time prior to trial, Plaintiff's Counsel
shall immediately notify the Court and submit a stipulation for an Order of Dismissal and a Final
Disposition form.
H Representation and Authority. The parties are to list the names of two (2) lead
counsel or the reason why two name cannot be provided. In order for the full purpose of the
Pretrial Conference procedures to be accomplished, each party shall be represented at all meetings
and hearings required herein by the attorney who will participate in the trial of the cause and who
is vested with full authority to make admissions and disclosure of facts, and to bind the client by
agreement in respect to all matters pertaining to the trial of this cause and the Pretrial Conference
Order.
I Continuances. This Court adheres strictly to Rule of Judicial Administration
2.545(e) and Rule of Civil Procedure 1.460. Accordingly, motions for continuance and
stipulations must be in writing and set forth the following:
1 The signature of the party as well as the attomey.
2 A concise statement of the reasons for a continuance. If based on non-
availability of a witness, a showing of when it is believed the witness will
be available must be stated.
Any stipulation must be approved or motion heard by the Court no later than the Final PreTrial
Conference. No Motion will be heard that is not in compliance with this Order except upon
good cause shown.
6 Notice
Plaintiff, or if represented, Counsel for Plaintiff is directed to review this Order to ensure
that it was sent to all proper persons at current, proper addresses. The failure to immediately notify
the Court may result in this matter not being heard at the scheduled time.
7. Sanctions
The failure to comply with the requirements of this Order may subject the party and/or
attorney to appropriate sanctions, including the award of attorneys’ fees, fines, striking of
pleadings, and/or dismissal of the case.
1)
eSigy WILE: -SEFREY H in 23000559CA,
on 11/03) 07 mJoX7Ekv
Electronic Service List:
Amy L Glasser , ,
Angela C. Agostino
Daniel Lemongello , ,
Laurie Clayton
Donna Garetson
Samuel Hill , ,
ANGELA C AGOSTINO
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 Jon Embury, Administrative
Services Manager, whose office is located at 350 E. Marion Avenue, Punta
Gorda, Florida 33950, and whose telephone number is (941) 637-2110, 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.
Link for Pre Trial Order
https://www.ca.cjis20.org/pdf/Charlotte/PretrialConferenceOrder.docx
Preview
Filing # 185395884 E-Filed 11/03/2023 08:56:39 AM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CIVIL ACTION GREGORY TEGUE Plaintiffis), CASE NO.: 23000559CA vs. CINDY HORNBUCKLE, THE STANDARD FIRE INSURANCE COMPANY Defendant(s), / ORDER SETTING JURY TRIAL/NON-JURY TRIAL AND PRETRIAL CONFERENCE THIS CAUSE having come before the Court upon the filing of a NOTICE FOR TRIAL, and/or on the Court’s own motion pursuant to the parties Case Management Plan, and it appearing to be otherwise at issue, pursuant to Rule 1.440, Florida Rules of Civil Procedure it is hereby: ORDERED AND ADJUDGED as follows: 1 Status Hearing and Initial Pretrial Conference: The court has set a Status Hearing on Thursday, November 9, 2023 at 2:30 PM or as soon thereafter as may be heard and an initial pretrial conference on Monday, March 25, 2024 at 1:30PM or as soon thereafter as may be heard. 2 Attendance at Status Hearing and Pretrial Conferenc: Attendance of trial counsel at the Status Hearing is MANDATORY. Status Hearing appearance will be waived if the parties file a stipulation that the parties are in compliance with the Case Management Plan (Case Management Plan deadlines dates may be extended by written stipulation) AND, if ordered, mediation and non-binding arbitration, have been completed OR Notice(s) setting mediation and/or non-binding arbitration have been filed in the case prior to the scheduled Status Hearing date. Attendance of trial counsel at the initial pretrial conference is MANDATORY for the purpose of resolving disputes in completing the attached Pretrial Conference/Trial Order form, unless counsel submits an original signed stipulated pre-trial order directly to the Judge’s office to be received at least three (3) days prior to the conference. 3 Trial Period This cause is set for jury trial during the trial period Monday, May 20, 2024 through Friday, June 21, 2024 at 9:00 AM at the Charlotte County Justice Center, 350 E. Marion Avenue, Punta Gorda, Florida. The trial is set for 4 days. All parties shall be ready for trial at 9:00 a.m. on the first day of said trial period. Parties not represented by an attomey should call the court (941-637-2257) at least one week before the above trial period to obtain an exact time and date of 1 trial. Generally the order in which cases are to be tried will be determined by the judge no earlier than the Final Pretrial Conference. 4 Final PreTrial Conference The court has set a final pretrial conference on, Monday, May 13, 2024 at 9:00 AM or as soon thereafter as may be heard for the purpose of setting the trial date and to address any pending issues. 5 Pre-trial Events A Exchange of Expert & Lay Witnesses. No later than thirty (30) days prior to the Final Pretrial Conference date, counsel and/or parties shall file and exchange a list of the names and yof facts about which the witness will testify or opinion of any expert witness. This is not intended to extend the time frames set forth in the Plan, but rather to identify those witnesses that will, in good faith, actually be called. No party shall be permitted to call any witness not so disclosed, without prior permission of the Court, or written stipulation executed by all parties, or if represented, their counsel. B. Fabre Defendants. No later than thirty (30) days prior to the Final Pretrial Conference date, all Defendants or other persons sought to be placed on the verdict form and against whom some measure of liability may be assessed by the jury, must be disclosed to the court and opposing counsel. No person or entity not so disclosed may be placed on the verdict form without good cause shown. Cc. Meeting Before Pretrial Conference. The attorneys for all parties (initiated by counsel for the Plaintiff) and all pro-se parties shall meet no later than ten (10) days before the Final Pretrial Conference to'address the issues identified in Fla.R.Civ.P 1.200(b) and: 1 Identify all exhibits each party, in good faith, intends to offer into evidence at trial and prepare an exhibit list for use by the Clerk and the Court at trial (actual exhibits and documentary evidence shall be available for inspection at this time). (This is not intended to extend the time frames set forth in the Plan, but rather to identify those exhibits that will in good faith actually be offered into evidence at trial). Any exhibits not so identified will not be admissible absent prior approval of the Court or a written stipulation of all parties. Agree to admit or not admit evidence and list specific objections, if any. Stipulate to any matter of fact or law about which there is no issue in order to avoid unnecessary proof (i.e., chain of custody or records custodian predicates). Review all depositions or any other evidence which will be offered for any purpose other than impeachment to resolve objections to the portions to be Counsel and/or parties involved in cases to be tried without a jury need not address jury instructions or other pretrial matters that involve a jury, and need not complete these sections of the Pretrial Conference Order. 2 offered in evidence. Discuss the possibility of settlement. If applicable, submit an itemized statement of special damages the Plaintiff expects to prove. If ajury trial has been demanded, discuss jury instructions and verdict forms and reach agreement, if possible, on same. Discuss and complete any other matters which may simplify the issues or aid in the speedy disposition of this action, the Pretrial Conference, and trial. Draft one Pretrial Conference Order (using the attached form)’, signed by all participating counsel and pro se parties. The Pretrial Conference Order shall be submitted directly to the Court at least three (3) days prior to the Initial Pretrial Conference. In the event the parties are unable to agree on all matters in the Pretrial Conference Order, they shall leave the unagreed matter(s) blank and same will be resolved at the Initial Pretrial Conference with the Court. D. Motions. Except for Motions in Limine, all motions, including the admissibility of expert opinions pursuant to Daubert v. Merrell Dow Pharmaceuticals 509.U.S.579 (1993), shall be filed and heard prior to the date of the Final Pretrial Conference or they are deemed abandoned. All dispositive motions, including Motions for Summary Judgment, must be filed and scheduled for hearing at least ten (10) days prior to the Final Pretrial Conference and must be heard no later than 30 days prior to the commencement of the trial period. Motions in Limine must be filed by the earlier of Final PreTrial Conference or 10 days prior to the commencement of the trial period and must be heard no later than 10 days prior to the date of the trial. Motions not filed and scheduled in compliance with this Order will be heard only upon a showing of good. cause. E Discovery. Counsel shall complete all discovery, including examinations, pursuant to the Plan, if any. The conduct of discovery subsequentto the Pretrial Conference will be allowed. only as permitted by the Plan, upon stipulation of the parties or upon Order of the Court for good cause. Any discovery allowed subsequent to the Final Pretrial Conference shall not be a cause for delay of the trial of this cause. F Altemative Dispute Resolution. All parties are required to participate in ADR in accordance with the Florida Rules of Civil Procedure, Rule 1.700. In the event that all of the parties subject to these proceedings have not been to mediation in the last twelve (12) months or during the course of this case, mediation is mandatory unless otherwise ordered. The parties may stipulate to non-binding arbitration in lieu of mediation. ? The Pretrial Conference Order can also be downloaded from the Court’s website at https://www.ca.cjis20.org/pdf/Charlotte/PretrialConferenceOrder.docx G. Settlement. In the event of settlement at any time prior to trial, Plaintiff's Counsel shall immediately notify the Court and submit a stipulation for an Order of Dismissal and a Final Disposition form. H Representation and Authority. The parties are to list the names of two (2) lead counsel or the reason why two name cannot be provided. In order for the full purpose of the Pretrial Conference procedures to be accomplished, each party shall be represented at all meetings and hearings required herein by the attorney who will participate in the trial of the cause and who is vested with full authority to make admissions and disclosure of facts, and to bind the client by agreement in respect to all matters pertaining to the trial of this cause and the Pretrial Conference Order. I Continuances. This Court adheres strictly to Rule of Judicial Administration 2.545(e) and Rule of Civil Procedure 1.460. Accordingly, motions for continuance and stipulations must be in writing and set forth the following: 1 The signature of the party as well as the attomey. 2 A concise statement of the reasons for a continuance. If based on non- availability of a witness, a showing of when it is believed the witness will be available must be stated. Any stipulation must be approved or motion heard by the Court no later than the Final PreTrial Conference. No Motion will be heard that is not in compliance with this Order except upon good cause shown. 6 Notice Plaintiff, or if represented, Counsel for Plaintiff is directed to review this Order to ensure that it was sent to all proper persons at current, proper addresses. The failure to immediately notify the Court may result in this matter not being heard at the scheduled time. 7. Sanctions The failure to comply with the requirements of this Order may subject the party and/or attorney to appropriate sanctions, including the award of attorneys’ fees, fines, striking of pleadings, and/or dismissal of the case. 1) eSigy WILE: -SEFREY H in 23000559CA, on 11/03) 07 mJoX7Ekv Electronic Service List: Amy L Glasser , , Angela C. Agostino Daniel Lemongello , , Laurie Clayton Donna Garetson Samuel Hill , , ANGELA C AGOSTINO 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 Jon Embury, Administrative Services Manager, whose office is located at 350 E. Marion Avenue, Punta Gorda, Florida 33950, and whose telephone number is (941) 637-2110, 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. Link for Pre Trial Order https://www.ca.cjis20.org/pdf/Charlotte/PretrialConferenceOrder.docx