On March 29, 2024 a
Court Motion,Standing Order
was filed
involving a dispute between
Brown, Margareta,
and
Exactech Us Inc,
for PRODUCTS LIABILITY
in the District Court of Alachua County.
Preview
Filing # 195065767 E-Filed 03/28/2024 05:22:31 PM
THE EIGHTH JUDICIAL CIRCUIT OF FLORIDA
ADMINISTRATIVE ORDER NO. 3.09
STANDING CASE MANAGEMENT ORDER IN COUNTY AND CIRCUIT CIVIL CASES
WHEREAS, AOSC20-23 (amendment 10) requires the chief judge of each judicial circuit
to promulgate an administrative order adopting a formal case management protocol for civil
cases; and
WHEREAS, AOSC20-23 (amendment 10) requires the Chief Judge to cause a case
Management order establishing certain deadlines to be served in every civil case, it is hereby
ORDERED:
1. The presiding judge in each civil case shall actively manage all civil cases and shalt
strictly comply with Florida Rule of Judicial Administration 2.545{a), (b) and (e).
2. This order does not apply to cases Proceeding under the Small Claims Rules; to
landlord/tenant actions; to actions for unlawful detainer; or to any action requiring summary
procedure pursuant to section 51.011, Florida Statutes.
3. A system of differentiated case management shall be utilized in civil cases, which
requires designation of each case as one of the following: complex, streamlined, or general.
4 Complex civil cases shall be so designated pursuant to the criteria in Florida Rule
of Civil Procedure 1.201, Upon such designation, complex civil cases shall proceed as
stated in
that rule,
5. Factors to be considered by the trial judge in designating a case as streamlined
shall include, but are not limited to, cases in which:
{a) There are no more than two parties;
(b) Issues of liability and damages are not complex;
(c) Relatively few pretrial motions are anticipated;
(d) The need for discovery is limited;
{e) There are relatively few witnesses anticipated;
(f) Documentary evidence is anticipated to be minimal;
(g) The trial is anticipated to take no longer than two (2) days; or
(h) the case is otherwise likely to resolve in less than twelve months.
re ae te (tnme ee
‘AO 3.09. Page 11
Standing Case Management Order in Civil Cases
Effective: April 30, 2021
"2024 CA 001054" 195065767 Filed at Alachua County Clerk 03/29/2024 08:15:00 AM EDT
6. Any case not specifically designated as complex or streamlined shall be
categorized as general,
7. In each civil case, the standing civil case management order (attached hereto as
Appendix A) shalt be signed by the plaintiff and filed in the court file along with the complaint.
The plaintiff shall cause the standing order to be served, along with the complaint, on each
named defendant. The Clerk shall not accept a civil case for filing without submission of the
signed standing order.
8. Deadlines established herein shall be strictly enforced. This order may be
modified when the case is at issue by further order of the court.
ORDERED ON this 23 day of April 2021.
Magu ls bab: es
Mark W. Moseley, Chief ludge
tenn es stm aa rrr
AO 3,05 Page 2
Standing Case Management Order in Civil Cases Effective: April 30, 2021
IN THE EIGHTH JUDICIAL CIRCUIT OF FLORIDA
STANDING CASE MANAGEMENT ORDER
{AOSC20-23]
THIS ACTION is before the court for case management pursuant to AOQSC20-23
(Amendment 10). Therefore, it is ADJUDGED that:
1. This case is provisionally designated as a general civil case.
2. TRIAL DATE: The projected date for a non-jury trial shall be the first regular trial
term taking place one year after the date of filing. The projected date for a jury trial shall be the
first regular trial term taking place eighteen months after the date of filing. A firm trial date will
be established by the presiding judge when the case is at issue. Trial term dates for each civil
division are published on the Eighth Judicial Circuit Court website at https://circuit8.or; ‘court-
alendars/master-calendars/. In county court cases, any case redesignated by the trial court as
a streamlined case, in cases where the parties request it, or in any other case the trial court
deems it appropriate, the trial date may be adjusted to take place sooner. Judges shall apply a
firm continuance policy allowing continuances only for good cause shown.
3. SERVICE: Unk less otherwise extended by court order for good cause shown, service of
complaints should be completed within 120 days of filing. Requests for the addition of new
parties shail be filed within 180 days of filing.
4. DISCOVERY: Fact and expert discovery shall be completed 60 days prior to the trial
date set forth above.
5. PRETRIAL MOTIONS: Objections to pleadings and pretrial motions shall be resolved a
minimum of 30 days prior to the trial date set forth above. Prior to filing ANY motion, counsel
~ os ms soe on ae ~ a ivi
AQ3.09 tnintenm
Page Ad
Standing Case Management Order Effective: April 30, 2021
filing the motion shall confer with opposing counsel by telephone or in person in a good faith
attempt to resolve the motion. The motion shall contain a good faith statement reflecting the
date and time of the conference with opposing counsel. A statement that counsel attempted to
confer with opposing counsel is insufficient unless the good faith statement details the date
and time of at least three attempts to confer that occurred within the one-month period
immediately prior to the filing of the motion.
6. MEDIATION: The parties shail conclude mediation at least 90 days prior to the trial
date set forth above.
7. Deadlines established herein shall be strictly enforced. “Lawyers must strictly comply
with Florida Rule of General Practice and Judicial Administration 2.545(a), which requires
lawyers to conclude litigation as soon as it is reasonably and justly possible to do so, and the
pandemic alone is not a basis for a lawyer's failure to prepare a case for trial or otherwise
actively manage a case.” This order may be modified at such time that the case is determined
to be at issue. Fla. R. Civ. P. 1.440.
ORDERED in Alachua County, Florida, on April 23, 2021.
wyj
Mark W. Mosel , Chief Judge
on behalf of all presiding Eighth Circuit civil judges
| HEREBY CERTIFY that | have read and will comply with the foregoing standing order and shall
cause it to be filed and served, contemporaneously with the complaint, on all named
defendants.
[ (ude ud [Mit
Vay
peur tec SL hoy
Plaintiff or Plainti Counsel Date
~ a — ee on
A0 3.09 PageAit
Standing Case Management Order Effective: April 30, 2021
Document Filed Date
March 29, 2024
Case Filing Date
March 29, 2024
Category
PRODUCTS LIABILITY
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Filing # 195065767 E-Filed 03/28/2024 05:22:31 PM THE EIGHTH JUDICIAL CIRCUIT OF FLORIDA ADMINISTRATIVE ORDER NO. 3.09 STANDING CASE MANAGEMENT ORDER IN COUNTY AND CIRCUIT CIVIL CASES WHEREAS, AOSC20-23 (amendment 10) requires the chief judge of each judicial circuit to promulgate an administrative order adopting a formal case management protocol for civil cases; and WHEREAS, AOSC20-23 (amendment 10) requires the Chief Judge to cause a case Management order establishing certain deadlines to be served in every civil case, it is hereby ORDERED: 1. The presiding judge in each civil case shall actively manage all civil cases and shalt strictly comply with Florida Rule of Judicial Administration 2.545{a), (b) and (e). 2. This order does not apply to cases Proceeding under the Small Claims Rules; to landlord/tenant actions; to actions for unlawful detainer; or to any action requiring summary procedure pursuant to section 51.011, Florida Statutes. 3. A system of differentiated case management shall be utilized in civil cases, which requires designation of each case as one of the following: complex, streamlined, or general. 4 Complex civil cases shall be so designated pursuant to the criteria in Florida Rule of Civil Procedure 1.201, Upon such designation, complex civil cases shall proceed as stated in that rule, 5. Factors to be considered by the trial judge in designating a case as streamlined shall include, but are not limited to, cases in which: {a) There are no more than two parties; (b) Issues of liability and damages are not complex; (c) Relatively few pretrial motions are anticipated; (d) The need for discovery is limited; {e) There are relatively few witnesses anticipated; (f) Documentary evidence is anticipated to be minimal; (g) The trial is anticipated to take no longer than two (2) days; or (h) the case is otherwise likely to resolve in less than twelve months. re ae te (tnme ee ‘AO 3.09. Page 11 Standing Case Management Order in Civil Cases Effective: April 30, 2021 "2024 CA 001054" 195065767 Filed at Alachua County Clerk 03/29/2024 08:15:00 AM EDT 6. Any case not specifically designated as complex or streamlined shall be categorized as general, 7. In each civil case, the standing civil case management order (attached hereto as Appendix A) shalt be signed by the plaintiff and filed in the court file along with the complaint. The plaintiff shall cause the standing order to be served, along with the complaint, on each named defendant. The Clerk shall not accept a civil case for filing without submission of the signed standing order. 8. Deadlines established herein shall be strictly enforced. This order may be modified when the case is at issue by further order of the court. ORDERED ON this 23 day of April 2021. Magu ls bab: es Mark W. Moseley, Chief ludge tenn es stm aa rrr AO 3,05 Page 2 Standing Case Management Order in Civil Cases Effective: April 30, 2021 IN THE EIGHTH JUDICIAL CIRCUIT OF FLORIDA STANDING CASE MANAGEMENT ORDER {AOSC20-23] THIS ACTION is before the court for case management pursuant to AOQSC20-23 (Amendment 10). Therefore, it is ADJUDGED that: 1. This case is provisionally designated as a general civil case. 2. TRIAL DATE: The projected date for a non-jury trial shall be the first regular trial term taking place one year after the date of filing. The projected date for a jury trial shall be the first regular trial term taking place eighteen months after the date of filing. A firm trial date will be established by the presiding judge when the case is at issue. Trial term dates for each civil division are published on the Eighth Judicial Circuit Court website at https://circuit8.or; ‘court- alendars/master-calendars/. In county court cases, any case redesignated by the trial court as a streamlined case, in cases where the parties request it, or in any other case the trial court deems it appropriate, the trial date may be adjusted to take place sooner. Judges shall apply a firm continuance policy allowing continuances only for good cause shown. 3. SERVICE: Unk less otherwise extended by court order for good cause shown, service of complaints should be completed within 120 days of filing. Requests for the addition of new parties shail be filed within 180 days of filing. 4. DISCOVERY: Fact and expert discovery shall be completed 60 days prior to the trial date set forth above. 5. PRETRIAL MOTIONS: Objections to pleadings and pretrial motions shall be resolved a minimum of 30 days prior to the trial date set forth above. Prior to filing ANY motion, counsel ~ os ms soe on ae ~ a ivi AQ3.09 tnintenm Page Ad Standing Case Management Order Effective: April 30, 2021 filing the motion shall confer with opposing counsel by telephone or in person in a good faith attempt to resolve the motion. The motion shall contain a good faith statement reflecting the date and time of the conference with opposing counsel. A statement that counsel attempted to confer with opposing counsel is insufficient unless the good faith statement details the date and time of at least three attempts to confer that occurred within the one-month period immediately prior to the filing of the motion. 6. MEDIATION: The parties shail conclude mediation at least 90 days prior to the trial date set forth above. 7. Deadlines established herein shall be strictly enforced. “Lawyers must strictly comply with Florida Rule of General Practice and Judicial Administration 2.545(a), which requires lawyers to conclude litigation as soon as it is reasonably and justly possible to do so, and the pandemic alone is not a basis for a lawyer's failure to prepare a case for trial or otherwise actively manage a case.” This order may be modified at such time that the case is determined to be at issue. Fla. R. Civ. P. 1.440. ORDERED in Alachua County, Florida, on April 23, 2021. wyj Mark W. Mosel , Chief Judge on behalf of all presiding Eighth Circuit civil judges | HEREBY CERTIFY that | have read and will comply with the foregoing standing order and shall cause it to be filed and served, contemporaneously with the complaint, on all named defendants. [ (ude ud [Mit Vay peur tec SL hoy Plaintiff or Plainti Counsel Date ~ a — ee on A0 3.09 PageAit Standing Case Management Order Effective: April 30, 2021