Preview
Filing # 194619564 E-Filed 03/22/2024 12:41:23 PM
IN THE CIRCUIT COURT OF THE THIRD JUDICIAL CIRCUIT
IN AND FOR COLUMBIA COUNTY, FLORIDA
CIRCUIT CIVIL DIVISION
J & JSTORAGE & WAREHOUSE, CASE NO. 12-2024-CA-073
INC., a Florida Corporation,
Plaintiff,
VS.
JW WEAPONRY & OUTDOORS,
INC., a Florida Corporation,
Defendant.
CASE
MANAGEMENT
ORDER WITH ATTACHED PLAN
AND
PROCEDURES
THIS CAUSE came before the Court on case management review. Based on the review of
the file, and pursuant to Rule 2.545, Fla. R. Jud. Admin., the Court has established an initial case
management plan, and it is hereby
ORDERED that:
1 Case Management Plan: The parties shall comply with the Case Management Plan (Plan)
attached hereto as “Exhibit A”’, until further order of the court. The parties shall strictly
comply with the Plan and should expect that the case will be tried during the trial period
specified therein, without continuances. The parties cannot agree to extend the deadlines in
the Plan and cannot agree to waive any portion of the Plan provisions.
Procedural Requirements: In addition to strict adherence to the Florida Rules of Civil
Procedure and the Administrative Orders of the Court, the parties shall comply with the Case
Management Procedures attached hereto as “Exhibit B” to this order. The parties may not
unilaterally extend any of the deadlines contained in the Case Management Procedures.
Deadlines may be altered by the Court where the interests of justice so requires, upon prompt
motion, notice and hearing.
Trial Term: While this order is not a scheduling order for trial, pursuant to AO 2021-005,
this case should be concluded by February 2025.
DONE and ORDERED in Chambers at Columbia County, Florida, on thi is 22nd day of March
2024. a Digitally signed by
4) Melissa Gates Olin,
Circuit Judge
Date: 2024.03.22
11:47:23 -04'00"
MELISSA G. OLIN, CIRCUIT JUDGE
Electronically Filed Columbia Case # 24000073CAAXMX 03/22/2024 12:41:23 PM
Page | of 5 Form Order 2-5
Case No. 12-2024-CA-073
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished using the
Florida Court’s E-Filing E-Portal, via U.S. Mail, and/or Electronic Mail in accordance with the
corresponding addresses listed therein on this 22nd day of March 2024, to the following:
Electronic Service List: Ralph R. Deas, Esquire, ralphdeas@deaslawoffice.com, Attorney for
Plaintiff
Mailing Service List: JW Weapons & Outdoors, Inc. c/o John R. Wooley, Registered Agent, 2747
SW Main Blvd., Lake City, FL 32025
Digitally signed by
Alisha Newman
Date: 2024.03.22
11:50:31 -04'00"
By.
Judicial Assistant
Page 2 of 5 Form Order 2-5
Case No. 12-2024-CA-073
“EXHIBIT A”
(Streamlined Case Management Plan)
Deadline for Service of Complaint: Within 120 days after the Complaint is filed pursuant to Florida
Rule of Civil Procedure 1.070(j).
Service under Extension: The time for service shall be extended by the Court provided that
Plaintiff shows good cause or excusable neglect for the failure to
effect service within 120 days.
Service when Adding New Parties: The 120-day period shall begin upon the entry of the order
granting leave to amend complaints to add a new party or parties.
If no answer filed and Plaintiff has not Case Manager to set Case Status Conference.
filed a Motion for Default 30 days after
date of service
Date of First Response: (e.g. Answer, The date of first filing by the Defendant(s).
Notice of Appearance, Motion for
Extension of Time, Motion to Dismiss)
Deadline for Propounding Requests for Within 30 days out from the first response date.
Production, Requests to Admit and
Interrogatories:
Deadline for Initial Scheduling and Within 50 days out from the first response date.
Setting Depositions:
Case Management Conference If Case Management Conference is requested or required, Case
Date/Time: Manager will prepare “Order Setting Case for Case Management
Conference” at least two weeks prior to date set.
Deadline for Witness and Exhibit List: Within 100 days out from the first response date.
10. Deadline for Expert Disclosure: (Parties Within 100 days out from the first response date.
should furnish opposing counsel with the
names and addresses of all expert
witnesses under Rule 1.390(a) to be
called at trial and all information
regarding expert testimony that is
required by Rule 1.280(b)(5). Each
party is limited to one expert per
specialty. No other expert testimony
should be permitted at trial. Information
furnished pursuant to this paragraph
should be timely filed with the Clerk of
Courts.)
ll Deadline for Inspections/Examinations: Within 100 days out from the first response date.
12 Deadline for Discovery Completion Within 120 days out from the first response date.
(Including Depositions):
13 Deadline for Motion for Summary Within 120 days out from the first response date and at least 40
Judgment or other Dispositive Motions: days prior to trial.
14. Deadline for nonmovant’s response to At least 20 days prior to trial
Motion for Summary Judgment with its
supporting factual position:
15 Deadline for Jury Instructions: Within 120 days out from the first response date.
16. Deadline for ADR/Mediation: Within 120 days out from the first response date.
17. Pre-trial Conference: Within 130 days out from the first response date. Calendar Call
will be held at this time.
18 Notice of Trial date week period: Must include length of trial period and date trial is set to
(Trial notice must be sent at least 35 days commence. Case Manager to issue Trial Order as soon as case is
prior to trial.) at issue.
Page 3 of 5 Form Order 2-5
Case No. 12-2024-CA-073
“EXHIBIT B”- CASE MANAGEMENT PROCEDURES,
Motion Practice
- Communicate:
Duty to Prior to filing any motion, counsel have a duty to confer with each
other directly in good faith, not through law firm staff, to attempt to narrow or resolve issues.
“In good faith” means you are professional and temperate in your communications, you
return phone calls and emails in a timely manner, and you do not set unreasonable deadlines
for responses.
Scheduling of Hearings: Motions filed (other than dispositive motions or those requiring
testimony) must be noticed for hearing on the first available motion calendar.
Motions for Protective Order: Motions for protective order must be filed as soon as the
grounds are known. Counsel should be coordinating deposition dates for specific
parties/witnesses and have a duty to confer regarding any issues that would be the subject
of a motion for protective order prior to scheduling the deposition. The filing of the motion
must not be delayed until immediately prior to the scheduled deposition. A motion for
protective order does not automatically stay the deposition and the deposition shall proceed
unless an order granting the motion is entered by the Court.
Dispositive Motions: Motions which may dispose of specific issues, portions of the case or
the entire case should be filed and set for hearing as soon as possible. Parties wishing to
pursue a dispositive motion should target the essential discovery promptly. Parties should
confer to assure necessary discovery is scheduled to be completed and will be completed
prior to a special set hearing date. Last minute cancellations are disfavored.
ings: Motions to amend should be filed so as not to affect the date of
trial. Although the Court recognizes the rule of liberality with regard to amendment of
pleadings, liberality declines with an approaching trial date unless the amendment involves
newly discovered information not previously available. Review your pleadings for
necessary amendment(s) early, not as part of last minute trial preparation.
Discovery
Wri n Di: hall re un romptly:
a. Qbjections: If objections to written discovery involve the phrasing of the request or
time frame of any discovery request, these objections may not be extended (even if
the parties agree) and are due at the time the initial response is due. Failure to timely
make these objections, constitutes a waiver. Parties shall comply with the “Duty to
Communicate” above, prior to setting timely made objections for hearing.
b. Documents made available for inspection and copying: If discovery responses
provide that the documents are available for inspection and copying at a mutually
convenient time and place, the responding party shall immediately (within 48 hours)
provide three alternative dates and times that the documents are available for
inspection and copying. All of the dates shall be within ten (10) days. Failure to
provide the dates and times shall constitute a failure to respond to discovery. Review
shall occur within fifteen (15) days of the response, absent extraordinary
circumstances. Examples of “extraordinary circumstances” include a sole
practitioner in trial on another case, a medical emergency, prepaid vacation, and a
death in the family.
Page 4 of 5 Form Order 2-5
Case No. 12-2024-CA-073
c. Privilege Logs: Privilege logs are due at the time of the response and may not be
reserved to be provided later. Privilege logs must specifically identify the document
in accordance with Rule 1.280(b)(6), Fla.R.Civ.P.
Failure to timely provide the privilege log may result in the waiver of the privilege.
This procedure requires preparation of a privilege log with respect to all documents,
electronically stored information, things and oral communications withheld on the
basis of a claim of privilege or work product except the following: written and oral
communications between a party and their counsel after commencement of the action
and work product material created after commencement of the action.
Parties are instructed that where they believe that the divulgence of the logging
information would necessarily cause disclosure of the allegedly privileged
information, they must identify that the item exists and that in in camera review by
the court will be sought. The item may be described generically. However, if the
Court determines that there is nothing inherent in the divulgence of the existence of
the document or the logging information required that would violate privilege, the
Court will impose sanctions for any in camera request determined to be frivolous.
In camera requests by the party claiming the privilege must be signed by both the
requesting attorney and the client, so as to assure that all are aware of the request and
the consequences.
7. Depositions: The parties are ordered to block time now for necessary depositions to be set
in this case. Depositions may commence at any time. Refer to paragraph 4 above regarding
motions for protective order.
Witness and Exhibit Lists
8 Witness and Exhibit Lists; The parties shall timely exchange their witness and exhibit
lists. The lists shall include complete proper names and addresses. If counsel chooses to list
their bar address as the witness’ address, counsel is deemed to have agreed to produce the
witness voluntarily as they have withheld the information necessary for a witness subpoena,
and counsel will be responsible for assuring that witness’ presence at trial.
Mediation
9. Mediation; Parties must mediate by the Court’s deadline. The parties are responsible for
assuring that they have all the necessary information to value their position prior to
mediation. If the parties fail to mediate before the mediation deadline, sanctions shall be
imposed by the Court. Failure to timely mediate shall not constitute just cause for a trial
continuance.
Page 5 of 5 Form Order 2-5
Preview
Filing # 194619564 E-Filed 03/22/2024 12:41:23 PM IN THE CIRCUIT COURT OF THE THIRD JUDICIAL CIRCUIT IN AND FOR COLUMBIA COUNTY, FLORIDA CIRCUIT CIVIL DIVISION J & JSTORAGE & WAREHOUSE, CASE NO. 12-2024-CA-073 INC., a Florida Corporation, Plaintiff, VS. JW WEAPONRY & OUTDOORS, INC., a Florida Corporation, Defendant. CASE MANAGEMENT ORDER WITH ATTACHED PLAN AND PROCEDURES THIS CAUSE came before the Court on case management review. Based on the review of the file, and pursuant to Rule 2.545, Fla. R. Jud. Admin., the Court has established an initial case management plan, and it is hereby ORDERED that: 1 Case Management Plan: The parties shall comply with the Case Management Plan (Plan) attached hereto as “Exhibit A”’, until further order of the court. The parties shall strictly comply with the Plan and should expect that the case will be tried during the trial period specified therein, without continuances. The parties cannot agree to extend the deadlines in the Plan and cannot agree to waive any portion of the Plan provisions. Procedural Requirements: In addition to strict adherence to the Florida Rules of Civil Procedure and the Administrative Orders of the Court, the parties shall comply with the Case Management Procedures attached hereto as “Exhibit B” to this order. The parties may not unilaterally extend any of the deadlines contained in the Case Management Procedures. Deadlines may be altered by the Court where the interests of justice so requires, upon prompt motion, notice and hearing. Trial Term: While this order is not a scheduling order for trial, pursuant to AO 2021-005, this case should be concluded by February 2025. DONE and ORDERED in Chambers at Columbia County, Florida, on thi is 22nd day of March 2024. a Digitally signed by 4) Melissa Gates Olin, Circuit Judge Date: 2024.03.22 11:47:23 -04'00" MELISSA G. OLIN, CIRCUIT JUDGE Electronically Filed Columbia Case # 24000073CAAXMX 03/22/2024 12:41:23 PM Page | of 5 Form Order 2-5 Case No. 12-2024-CA-073 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished using the Florida Court’s E-Filing E-Portal, via U.S. Mail, and/or Electronic Mail in accordance with the corresponding addresses listed therein on this 22nd day of March 2024, to the following: Electronic Service List: Ralph R. Deas, Esquire, ralphdeas@deaslawoffice.com, Attorney for Plaintiff Mailing Service List: JW Weapons & Outdoors, Inc. c/o John R. Wooley, Registered Agent, 2747 SW Main Blvd., Lake City, FL 32025 Digitally signed by Alisha Newman Date: 2024.03.22 11:50:31 -04'00" By. Judicial Assistant Page 2 of 5 Form Order 2-5 Case No. 12-2024-CA-073 “EXHIBIT A” (Streamlined Case Management Plan) Deadline for Service of Complaint: Within 120 days after the Complaint is filed pursuant to Florida Rule of Civil Procedure 1.070(j). Service under Extension: The time for service shall be extended by the Court provided that Plaintiff shows good cause or excusable neglect for the failure to effect service within 120 days. Service when Adding New Parties: The 120-day period shall begin upon the entry of the order granting leave to amend complaints to add a new party or parties. If no answer filed and Plaintiff has not Case Manager to set Case Status Conference. filed a Motion for Default 30 days after date of service Date of First Response: (e.g. Answer, The date of first filing by the Defendant(s). Notice of Appearance, Motion for Extension of Time, Motion to Dismiss) Deadline for Propounding Requests for Within 30 days out from the first response date. Production, Requests to Admit and Interrogatories: Deadline for Initial Scheduling and Within 50 days out from the first response date. Setting Depositions: Case Management Conference If Case Management Conference is requested or required, Case Date/Time: Manager will prepare “Order Setting Case for Case Management Conference” at least two weeks prior to date set. Deadline for Witness and Exhibit List: Within 100 days out from the first response date. 10. Deadline for Expert Disclosure: (Parties Within 100 days out from the first response date. should furnish opposing counsel with the names and addresses of all expert witnesses under Rule 1.390(a) to be called at trial and all information regarding expert testimony that is required by Rule 1.280(b)(5). Each party is limited to one expert per specialty. No other expert testimony should be permitted at trial. Information furnished pursuant to this paragraph should be timely filed with the Clerk of Courts.) ll Deadline for Inspections/Examinations: Within 100 days out from the first response date. 12 Deadline for Discovery Completion Within 120 days out from the first response date. (Including Depositions): 13 Deadline for Motion for Summary Within 120 days out from the first response date and at least 40 Judgment or other Dispositive Motions: days prior to trial. 14. Deadline for nonmovant’s response to At least 20 days prior to trial Motion for Summary Judgment with its supporting factual position: 15 Deadline for Jury Instructions: Within 120 days out from the first response date. 16. Deadline for ADR/Mediation: Within 120 days out from the first response date. 17. Pre-trial Conference: Within 130 days out from the first response date. Calendar Call will be held at this time. 18 Notice of Trial date week period: Must include length of trial period and date trial is set to (Trial notice must be sent at least 35 days commence. Case Manager to issue Trial Order as soon as case is prior to trial.) at issue. Page 3 of 5 Form Order 2-5 Case No. 12-2024-CA-073 “EXHIBIT B”- CASE MANAGEMENT PROCEDURES, Motion Practice - Communicate: Duty to Prior to filing any motion, counsel have a duty to confer with each other directly in good faith, not through law firm staff, to attempt to narrow or resolve issues. “In good faith” means you are professional and temperate in your communications, you return phone calls and emails in a timely manner, and you do not set unreasonable deadlines for responses. Scheduling of Hearings: Motions filed (other than dispositive motions or those requiring testimony) must be noticed for hearing on the first available motion calendar. Motions for Protective Order: Motions for protective order must be filed as soon as the grounds are known. Counsel should be coordinating deposition dates for specific parties/witnesses and have a duty to confer regarding any issues that would be the subject of a motion for protective order prior to scheduling the deposition. The filing of the motion must not be delayed until immediately prior to the scheduled deposition. A motion for protective order does not automatically stay the deposition and the deposition shall proceed unless an order granting the motion is entered by the Court. Dispositive Motions: Motions which may dispose of specific issues, portions of the case or the entire case should be filed and set for hearing as soon as possible. Parties wishing to pursue a dispositive motion should target the essential discovery promptly. Parties should confer to assure necessary discovery is scheduled to be completed and will be completed prior to a special set hearing date. Last minute cancellations are disfavored. ings: Motions to amend should be filed so as not to affect the date of trial. Although the Court recognizes the rule of liberality with regard to amendment of pleadings, liberality declines with an approaching trial date unless the amendment involves newly discovered information not previously available. Review your pleadings for necessary amendment(s) early, not as part of last minute trial preparation. Discovery Wri n Di: hall re un romptly: a. Qbjections: If objections to written discovery involve the phrasing of the request or time frame of any discovery request, these objections may not be extended (even if the parties agree) and are due at the time the initial response is due. Failure to timely make these objections, constitutes a waiver. Parties shall comply with the “Duty to Communicate” above, prior to setting timely made objections for hearing. b. Documents made available for inspection and copying: If discovery responses provide that the documents are available for inspection and copying at a mutually convenient time and place, the responding party shall immediately (within 48 hours) provide three alternative dates and times that the documents are available for inspection and copying. All of the dates shall be within ten (10) days. Failure to provide the dates and times shall constitute a failure to respond to discovery. Review shall occur within fifteen (15) days of the response, absent extraordinary circumstances. Examples of “extraordinary circumstances” include a sole practitioner in trial on another case, a medical emergency, prepaid vacation, and a death in the family. Page 4 of 5 Form Order 2-5 Case No. 12-2024-CA-073 c. Privilege Logs: Privilege logs are due at the time of the response and may not be reserved to be provided later. Privilege logs must specifically identify the document in accordance with Rule 1.280(b)(6), Fla.R.Civ.P. Failure to timely provide the privilege log may result in the waiver of the privilege. This procedure requires preparation of a privilege log with respect to all documents, electronically stored information, things and oral communications withheld on the basis of a claim of privilege or work product except the following: written and oral communications between a party and their counsel after commencement of the action and work product material created after commencement of the action. Parties are instructed that where they believe that the divulgence of the logging information would necessarily cause disclosure of the allegedly privileged information, they must identify that the item exists and that in in camera review by the court will be sought. The item may be described generically. However, if the Court determines that there is nothing inherent in the divulgence of the existence of the document or the logging information required that would violate privilege, the Court will impose sanctions for any in camera request determined to be frivolous. In camera requests by the party claiming the privilege must be signed by both the requesting attorney and the client, so as to assure that all are aware of the request and the consequences. 7. Depositions: The parties are ordered to block time now for necessary depositions to be set in this case. Depositions may commence at any time. Refer to paragraph 4 above regarding motions for protective order. Witness and Exhibit Lists 8 Witness and Exhibit Lists; The parties shall timely exchange their witness and exhibit lists. The lists shall include complete proper names and addresses. If counsel chooses to list their bar address as the witness’ address, counsel is deemed to have agreed to produce the witness voluntarily as they have withheld the information necessary for a witness subpoena, and counsel will be responsible for assuring that witness’ presence at trial. Mediation 9. Mediation; Parties must mediate by the Court’s deadline. The parties are responsible for assuring that they have all the necessary information to value their position prior to mediation. If the parties fail to mediate before the mediation deadline, sanctions shall be imposed by the Court. Failure to timely mediate shall not constitute just cause for a trial continuance. Page 5 of 5 Form Order 2-5