Order: VILLAS AT EMERALD LAKE HOMEOWNERS ASSOCIATION INC vs. ROYAL OAK HOMES LLC

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                                Filing # 163985381 E-Filed 01/03/2023 02:59:58 PM


                                                      IN THE CIRCUIT COURT OF THE
                                                      NINTH JUDICIAL CIRCUIT, IN AND
                                                      FOR OSCEOLA COLTNTY, FLORIDA

                                                      CASE NUMBER : 2020 -C A-002942-ON

                                                      BUSINESS COURT


        VILLAS AT EMERALD LAKE HOA, INC, ET AL

               Plaintiff(s),
        vs.

        ROYAL OAK HOMES, LLC, ET AL
                Defendant(s).




                         ORDER SETTING CASE MANAGEMENT CONFERENCE


               Notice is hereby given that on    April 21,2023, at 10:30 AM in Hearing Room 1400.02,

        Orange County Courthouse,425 North Orange Avenue, Orlando, Florida,3280l. Parties shall

        appear via Webex Static        Link:    https://ninthcircuit.webex.com/meet/ctiuiil   Meeting

        Number:t73 997 6050 or join by phone 1-904-900-2303 with Access code: 173 997

        6050##. All documents shall be electronically filed with the Clerk of the Court. This case is

        govemed by the Business Court Procedures (BCP) which can be found at:

        http ://www.ninthcircuit. org/about/divisions/business-court

               Plaintiffs counsel is ordered to confirm all parties subsequently named or appearing

        herein have been served copies of this Notice and Order. LEAD       TRIAL COUNSEL AND
        THEIR CLIENTS SHALL APPEAR FOR THE CMC PURSUANT TO BCP                                    6.4.

        [Commercial Foreclosures      only:    The parties are excused from appearance at the    Case

        Management Conference, but counsel must appear.] Regardless          of the pendency of   any
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undecided motions, Trial Counsel shall meet no less than 30 days           in   advance    of the   Case

Management Conference and address the following subjects, along with other appropriate topics,

including those set forth in Rule 1.200(a) Fla. R. Civ. P., some of which subjects and topics will

be incorporated into a Case Management Order:

       l. A brief factual statement of the case;

       2. Pleading issues, including service of process, venue, joinder of additional          parties,

theories of liability, damages claimed and applicable defenses;

       3. The identity and number of any motions to dismiss or other preliminary or pre-

discovery motions which have been filed and the time period in which they shall be filed, briefed

and argued;

       4. A discovery plan and schedule including the length of the discovery period, the

anticipated number of fact and expert depositions to be permitted and, as appropriate, the length

and sequence of such depositions;

       5. Anticipated areas of any expert testimony, timing for identification of experts,

responses to expert discovery, and exchange ofexpert reports;

       6. An estimate of the volume of documents and computerized information likely to be the

subject of discovery from parties and nonparties and whether there are technological means

which may render document discovery more manageable at an acceptable cost;

       7. The advisability of using the general magistrate or special magistrate for fact finding,

mediation, or discovery disputes or such other matters as the parties may agree upon;

       8. The time period after the close of discovery within which post-discovery dispositive

motions shall be filed, briefed and argued and a tentative schedule for such activities;


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                                          2022-CA-OO 5s2-O
          9. The possibility of settlement and the timing of alternative dispute resolution,

including the selection of a mediator or arbitrator(s);

          10. Whether or not a party or parties desire to use technologically advanced methods                   of

presentation or court-reporting and, to the extent that this is the case, a determination                 of   the

following:

              (a) Faimess issues, including but not necessarily limited to use of such capabilities by

some but not          all of the parties and/or by parties whose resources permit or require variations in

the use of such capabilities;

              (b) Issues related to compatibility of court and party facilities and equipment;

              (c) Issues related to the use of demonstrative exhibits and any balancing         of
relevance and potential prejudice which may need to occur in connection with such exhibits;

              (d) Such other issues related to the use of the Court's and parties' special technological

facilities as may be raised by any party or the Court or its technological advisor, given the nature

of the case and the resources of the parties.

          1   1.   A good faith estimate by counsel for each party        based upon consultation    with all of

the parties of the attomey's fees and costs each party is likely to incur in pursuing the litigation

through trial court adjudication;

          12.      A preliminary listing of the principal legal and factual     issues which counsel believes

will   need to be decided in the case;

          13.      A preliminary listing of any legal principles and facts that are not in dispute;

          14.      A good faith estimate by counsel for      each party of the length of time to try the case;

          15. Whether a demand for         jury trial   has been made;


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                                                  2022-CA-o04s52-O
        16. The deadline      for filing motions in limine;

        17. The track to      which the case will be assigned. The Complex Business Litigation Court

typically employs the following management tracks: Business Expedited (Target Trial Date

within 13 months of complaint); Business Standard (Target Trial Date within 18 months of

complaint); and Business Complex (Target Trial Date within two years                    of complaint)   and

Complex Construction.          If the case is a Complex       Construction case, then the following topics

shall also be addressed:

        18. The selection      of a Special Magistrate to be used in the case and the compensation for

the Special Magistrate;

        19.      Whether the parties    will   produce discovery through disc exchange or through a

virtual depository.     If   the parties select a virtual depository, then the parties shall designate    a

cloud depository service;

       20. The selection of       a court reporting service to be used in the case;

       2l   .   The selection of a mediator to be used in the case;

       22. Deadlines for destructive testing       and extrapolation support testing.

       Within fourteen (14) days of the meeting among Trial Counsel, but no less than fourteen

(14) days in advance of the Case Management Conference, the Parties shall file a Joint Case

Management Report pursuant to BCP 6.3 addressing the matters described in paragraphs 1 - 22

above. If the case is a Complex Construction case, Plaintiff shall serve a Preliminary Defect List

on all parties at least fourteen (14) calendar days in advance of the Case                   Management

Conference. The Preliminary Defect List shall provide Defendants with sufficient information to

identify which, if any, additional parties should be joined in the action.


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                                               2022-CA-O04552-O
         All counsel and parties are responsible for filing the Joint Case Management Report in

full   compliance with this Order. Plaintiffs counsel shall have the primary responsibility to

coordinate the meeting of Lead Trial Counsel and unrepresented parties in person, and the filing

of the Joint Case Management Report. If counsel is unable to coordinate such               compliance,

counsel shall timely   notiff the Court by written motion or request for a status conference.

             DONE AND ORDERED in Orlando, Orange County, Florida on                      day   of

u\no,t        u,l/    ,20&.

                                                              ordan, Circuit Judge




         I                      Y that the           was filed with the Osceola Clerk of the Court

this
       4'---
       n) dav                           ZO   L%y    using the Florida Courts E-Filing Portal System.
       -*-
Accordingly , a copy      the            is being served on this day to all attorney(s)/interested

parties identified on the ePortal Electronic Service List, via transmission of Notices of Electronic

Filing generated by the ePortal System

Cathy Stephens

lf you are a person lvith a disabilifi.w'ho   nec'ds any accerunlodation in order
to participate  in this proceeding,  you  are e ntitled. :l t no cost to vou. to the
provision of certain assistance. Please contact the ADA Coordinator. Human
Resources, Osceola County Courthouse, Kissirnmcc, Florida, (407) 836-
2303, at least 7 days betbre your scheduled court appearance, or rErmedia,tglt,
luporl receivins this notification if the time b efore t he schetluled annearance is
less than 7 tlays; if you are hearing or voice imrraired, call 7l l.




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