Preview
Filing # 55067713 E-Filed 04/13/2017 05:00:08 PM
Krohn & Moss, Ltd.
Main Office
10 N. Dearborn St, 8rd Floor
Chicago, IL 60602
www.krohnandmoss.com
Writer's Direct Number Writer licensed to practice
(812) 578 9428 Ext. 203 only in
Writer's Direct Facsimile Florida
(866) 289-0898 ‘Ilinois
Writer's Direct E-Mail
bwikgren@consumerlawcenter.com
www.krohnandmoss.com
April 13, 2017
Thomas M. Lynch IV
Broward County Courthouse
201 S.E. 6th Street
Crt Room 950
Ft. Lauderdale FL. 33301
RE: Rutsky, Nicole v. BMW of North America Inc
Case No.: CACE-15-021359
Dear. Hon. Judge Lynch:
Please find enclosed for your review and consideration a courtesy copy of Plaintiff's and
Defendant’s joint Motion for Trial Continuance. An agreed order has also been enclosed for
your convenience. Thank you for your consideration of our request.
Should you have any suggestions or comments, please do not hesitate to contact our
office. As always, opposing counsel has been copied on this correspondence.
tfully submitted,
Attorney at Law
Enc’
cc: Andrew Collinson, Esq. [acollinson@hinshawlaw.com]
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 4/13/2017 5:00:38 PM.****IN THE CIRCUIT COURT IN AND FOR
BROWARD COUNTY, FLORIDA,
CASE NO. CACE-15-021359
NICOLE RUTSKY,
Plaintiff,
v.
BMW OF NORTH AMERICA, LLC,
Defendant.
/
AGREED ORDER. ON MOTION FOR TRIAL CONTINUANCE
THIS CAUSE, having come before this Honorable Court, on Plaintiff's and Defendant’s
joint Motion for Continuance, and this Court having been fully advised, it is hereby ordered and
adjudged that:
1. The Motion to Continue Trial is granted. The 5/1/17 trial docket is stricken. The Parties
do not need to appear at the pretrial conference or trial.
2. The parties shall contact the judicial assistant to re-set this matter on the Court’s trial
docket at a time that is convenient for Plaintiff, Defendant, and the Court.
2017, in Broward County, Florida.
SO ORDERED this___ day of
Thomas M. Lynch, [IV
Circuit Judge
cc; Brent Wikgren, Esq.; bwikgren@consumerlawcenter.com
Andrew Collinson, Esq.; acollinson@hinshawlaw.comFiling # 55034136 E-Filed 04/13/2017 11:53:42 AM
IN THE CIRCUIT COURT IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO. CACE-15-021359
NICOLE RUTSKY,
Plaintiff,
vy.
BMW OF NORTH AMERICA, LLC,
Defendant.
/
PLAINTIFF’S AND DEFENDANT’S AGREED MOTION TO CONTINUE TRIAL
NOW COME the PLAINTIFF and DEFENDANT who jointly: move this
Honorable Court for a Continuance of Trial in this matter, and in support thereof state as
follows:
1. This matter is set for trial on the three week trial docket beginning May 1,
2017 (See attached Exhibit “A” Trial Setting Order). This is the first time this case has
been up for trial.
2., While it is unlikely that this trial will proceed on May | due to the number
of trials that have priority over this one, out of an abundance of caution the parties are
filing the instant motion.
3. Plaintiff's counsel and Defendant’s counsel are scheduled to begin a date
certain trial (against each other) on Tuesday April 25, 2017. The trial of that matter is
expected to last at least 6 days and is an older case that the present. The date certain trial
was not known to either counsel until April 3, 2017.4. In addition to the date certain trial which will continue over into the trial
docket of this case, the one (1) year old son of Plaintiffs lead trial counsel Brent
Wikgren is scheduled for surgery once and possibly twice (depends on the outcome of the
first surgery) during the trial of this matter. Mr. Wikgren’s son was not referred to
surgery until April 10, 2017 and therefore Mr. Wikgren was unaware of any conflict until
recently.
5. Due to the unexpected date certain trial and due to the expected
unavailability of the Plaintiffs lead trial counsel for the trial period in this case, Plaintiff
and Defendant are jointly requesting that this Court continue this case,
6. Plaintiff's counsel has conferred with Plaintiff on April 13, 2017 who
agrees with the continuance because she wants her lead counsel present at trial. Plaintiff
would be prejudiced if her lead counsel is not present at the trial of this matter with her.
Defendant has graciously agreed to the continuance. An agreed order has been provided
for the Court (See Exhibit “B”).
7. Accordingly, Plaintiff and Defendant request that the trial in the instant
matter be continued.
8. Plaintiff and Defendant state that the instant motion is not being brought
for the purposes of harassment or delay.
WHEREFORE, Plaintiff and Defendant jointly pray that this Honorable Court enter an
Order continuing the trial in this matter.Respectfully Submitted,
Krohn & Moss,.Ltd
FBN: 0042911
Attorney for Plaintiffs
KROHN & MOSS, LTD.
10 N. Dearborn St., 3 Floor
Chicago, IL 60602
(312) 578 9428
CERTIFICATE OF E-SERVICE
I, Brent Wikgren, certify that a true and correct copy of the foregoing was
served upon Mr. Andrew Collinson, Hinshaw & Culbertson., via electronic mail to
‘acollinson@hinshawlaw.com on April 13, 2017.
By:
B kgren- EXHIBIT AFiling # 46306161 E-Filed 09/12/2016 11:55:07 AM
IN THE CIRCUIT COURT OF THE 17™ JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
CASE NO, CACE15021359 DIVISION 05 Judge 95 Lynch, Thomas M., IV (05)
UNIFORM TRIAL ORDER
17™ JUDICIAL CIRCUIT
ORDER FOR PRETRIAL
Plaintiff(s) / Petitioner(s) CONFERENCE
AND
v. CALENDAR CALL
Nicole Rutsky
BMW of North America LLC
Defendant(s) / Respondent(s)
‘TRIAL PERIOD Commencing 05-01-2017 | This is a(3_) week
calendar
CALL OF THE CALENDAR AND PRETRIAL CONFERENCE: 4-21-2017 9:30 AM
4 DAYS dury Trial
THE ORDER OF TRIALS set during this period will be determined at the
CALENDAR CALL. You are subject to being called to commence trial during
any part of the above noted trial period. Failure of any party to attend the
conference and calendar call may result in either the case being dismissed or a default being entered.
The Court has determined this case is ready for trial pursuant to Fla. R. Civ. P. 1.440. The
case is set for trial before the undersigned Judge in Courtroom 950 , Broward County Courthouse,
201 S.E. 6” Street, Fort Lauderdale, Florida as stated above.
You are advised your case may be placed into the 17" Circuit's “Civil Trial Poo!” and is subject to being
called for trial before any Circuit Civil Judge. !f placed in the Civil Trial Pool, you MUST be prepared to
proceed to trial if called. ONLY the Division Judge or Administrative Judge of the Civil Division may grant a
continuance of any case placed in the Civil Trial Pool.
The following requirements are imposed on all parties by the Court:
NO LATER THAN NINETY (90) DAYS PRIOR TO TRIAL - EXPERT WITNESSES DISCLOSURE (Filed with the Clerk
and served on all counsal) The parties shall fumish opposing counsel with the names and addresses, along with
complete and updated curriculum vitae of all expert witnesses to be called at trial; and all information regarding expert
testimony that is required by Fla. R. Civ. P. 1.280 (b)(4)(A); and shall furnish opposing counsel with two (2) alternative
dates of availabilty of all expert witnesses for the purpose of taking their deposition. Both sides shall cooperate in the
scheduling of such expert depositions,
Page 1 of 3vil.
NO LATER THAN SIXTY (60) DAYS PRIOR TO TRIAL - MEDICAL EVALUATIONS: All medical evaluations and other
‘examinations pursuant to Fla. R. Civ. P. 1.360 shall have been completed.
NO LATER THAN FORTY-FIVE (45) DAYS PRIOR TO TRIAL: All final discovery shall have been initiated.
TEN (40) DAYS PRIOR TO TRIAL: All pretrial discovery, including discovery depositions or testimony preserved by
Video of witnesses or experts to be used at trial, shall have been completed. Any Motions In Limine, shall be filed and
served upon opposing counsel,
AT THE TIME OF THE ABOVE NOTICED PRETRIAL CONFERENCE / CALENDAR CALL, the Joint Pretrial
Stipulation must be completed and timely filed with the Clerk with a copy provided to the undersigned Judge. At the
time of the pretrial conference/calendar call the parties shall be prepared to discuss all items set forth in Fla R. Civ. P.
1.200(b).
THE JOINT PRETRIAL STIPULATION MUST CONTAIN IN SEPARATELY NUMBERED PARAGRAPHS: [A joint
pretrial stipulation contemplates a single document. It requires that all agreed matters be fully identified, and
any disputed matters be specifically delineated with respect to each party]: c
Statement of the Facts: A concise, impartial statement of the facts of the case.
Stipulated Facts: A list of those facts that can be stipulated and require no proof at the trial.
Statements of Disputed Law & Fact: Those issues of law and fact that are to be tried.
Exhibit Lists: Each party shail separately list all exhibits they intend to introduce into evidence. Each item
shall be listed by number and description on a separate schedule attached to the stipulation, Each
exhibit shall be specifically described. Generic descriptions of exhibits are subject to being stricken.
Counsel shall initial each other's exhibit list and exhibits. All exhibits to be offered in evidence at trial
shall have been made available to opposing counsel for examination and initialing. Only those exhibits
listed and initialed may be offered in evidence. If any party objects to the introduction of any such
exhibit, such objection must be stated in the stipulation, setting forth the grounds with specificity.
Demonstrative exhibits (e.g. charts, enlargements of exhibits) to be used at a jury trial must be
displayed to all counsel before being shown to the jury.
5. Witness Lists: Parties shall attach and furnish counsel with a written list in alphabetical order containing the
names and addresses of all witnesses (“rebuttal”, impeachment” or otherwise) intended to be called at
trial. Only those witnesses listed shall be permitted to testify. All witness lists shall include a brief
description of the substance and scope of the testimony to be elicited from such witness. All expert
witnesses and their specialties shall be designated. If any party objects to any witness, such objection
must be stated in the stipulation, setting forth the grounds with specificity. At trial, all parties shall be
strictly limited to witnesses properly and timely disclosed.
6. Jury Instructions: If the trial is a jury trial counsel shaill identify all agreed upon standard instructions and all
special instructions, Any disputed jury instructions shall be attached and identified as to the party that
proposed the instruction. Copies of all agreed upon instructions or disputed instructions shall be
attached to the stipulation, along with copies of supporting statutory citations and/or case law. 7
7. Verdict Forms; If the trial is a jury trial the jury verdict form shall be attached and designated as agreed to
or disputed, Agreed and/or disputed verdict forms shall be attached.
Peremptory Challenges: If the trial is a jury trial, state the number of peremptory challenges for each party.
Pending Motions: Set forth a list of all pending motions with copies attached to the pretrial stipulation. To
the extent the Court has time prior to commencement of the trial; all pending motions will be heard or
set for hearing at the above-noticed Pretrial Conference. All parties shall be fully prepared to present
legal argument for all pending Motions at the Pretrial Conference.
10. ‘Trial Estimate: Each party shall provide an estimate of the number of days of trial for its side.
1, ‘Daubert issues. All DAUBERT related issues involving any requests for hearings on DAUBERT related
‘evidence shall be noticed and heard — or agreed to by the parties — no later than (30) days prior to the
trial period. FAILURE TO DO SO SHALL CONSTITUTE A WAIVER OF ANY DAUBERT RELATED
EVIDENCE ISSUE. It is within the discretion of the Court to remove any case for trial with pending
DAUBERT issues.
BONS
em
NO LATER THAN TEN (10) DAYS prior to the trial period set forth above the following shall be completed or heard by
the Court: :
4. Depositions to preserve testimony of any witness, including experts, shall have been completed;
2. All pretrial motions, depositions or proceedings related thereto and MOTIONS IN LIMINE: All motions to exclude
witnesses or evidence of other motions directed to the conduct of the trial for which grounds then exist must be
filed and heard prior to commencement of the trial.
Page 2 of 3vill
x
MOTIONS FOR SUMMARY JUDGMENT will NOT be heard at the calendar call, pretrial conference or at the time of
trial,
SETTLEMENT: Counsel shall immediately notify this Court in the event of settlement and submit a stipulation for and
‘order of dismissal, Counsel shall also notify the Court of any pending hearings that will be canceled as a result of the
settlement.
THE PARTIES ARE CAUTIONED REGARDING THE FOLLOWING POLICIES OF THE COURT:
4. The pailies shall do all things reasonable and necessary to assure the avail ‘of their witnesses for the entire trial
period or to otherwise preserve their testimony for trial as provided by the Florida Rules of Civil Procedure. See Rules
4.300 and 1.460 Fla.R.Civ.P. and Rule 2.545 of the Florida Rules of Judicial Administration. CONTINUANCES will
only be considered on written motion prior to calendar call.
vn
NO CONTINUANCES will be granted for reasons that should have been readily apparent to counsel when the trial
order was received or expert witnesses aré unavailable since testimony may be preserved by deposition.
Continuances requested for reasons relating to failure to follow this Order will not be granted.
e
THE REQUIREMENTS OF THIS PRETRIAL ORDER CANNOT BE WAIVED BY ‘STIPULATION.
=
‘The parties and counsel should be familiar with Fla.R.Civ.P 1.380 regarding ‘Failure to Make Discovery: Sanctions”,
and, Fla. Stat., §57.105, entitled “Attorney's Fee; sanctions for raising unsupported claims or defenses; service of
motions; damages for delay of litigation.” The Court may impose sanctions for failure to comply with the requirements
of this pretrial order including dismissal of the action.
e
FAILURE TO ATTEND, FAILURE TO FOLLOW TIME REQUIREMENTS OR FILE DOCUMENTS REQUIRED BY
THIS COURT MAY RESULT IN THE DISMISSAL OF THE ACTION OR THE IMPOSITION OF SANCTIONS
INCLUDING STRIKING OF THE PLEADINGS.
6. MEDIATION IS MANDATORY: Mediation shall commence no later than (60) days prior to the calendar call. The
parties shall comply with Fla, R. Civ. P. 1.700, 41.710, 1,720, and 1.730 as to the conduct of mediation. Plaintiffs
‘counsel is appointed lead counsel to facilitate and schedule the settlement conference with the mediator and all
parties.
The court may issue a separate order appointing a mediator. Any court appointed mediator shall serve as
mediator unless within (30) days of this order the parties choose a different mediator. Failure to attend mediation
may result in sanctions.
7. Plaintiffis responsible for arranging for a court reporter unless otherwise agreed.
ORDERED and ADJUDGED at Fort Lauderdale, Florida on 09-12-2016
cdlok-evrtsdObe-idtesteA: M
CACE15021359 09-12-2016 11:56 AM
CIRCUIT COURT JUDGE
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 Diana Sobel, Room 470, 201
S.E. Sixth Street, Fort Lauderdale, Florida 33301, 954-831-7721 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.
Page 3 of 3Copies Furnished to:
acollinson@hinshawlaw.com
kvasudevan@consumerlawcenter.com
bmcgreal@hinshawlaw.com
jrozencweig@consumerlawcenter.com
bbennett@hinshawlaw.com
bwikgren@consumerlawcenter.com
mmaglio@consumerlawcenter.com
jshield@consumerlawcenter.com
dfernandez@consumerlawcenter.comIN THE CIRCUIT COURT IN AND FOR
BROWARD COUNTY, FLORIDA,
CASE NO. CACE-15-021359
NICOLE RUTSKY,
Plaintiff,
v.
BMW OF NORTH AMERICA, LLC,
Defendant.
/
AGREED ORDER ON MOTION FOR TRIAL CONTINUANCE
THIS CAUSE, having come before this Honorable Court, on Plaintiff's and Defendant’s
joint Motion for Continuance, and this Court having been fully advised, it is hereby ordered and
adjudged that:
The Motion to Continue Trial is granted. The 5/1/17 trial docket is stricken. The Parties
1.
do not need to appear at the pretrial conference or trial.
2. The parties shall contact the judicial assistant to re-set this matter on the Court’s trial
docket at a time that is convenient for Plaintiff, Defendant, and the Court.
SO ORDERED this___ day of 2017, in Broward County, Florida.
Thomas M. Lynch, IV
Circuit Judge
ce: Brent Wikgren, Esq.; bwikgren@consumerlawcenter.com
Andrew Collinson, Esq.; acollinson@hinshawlaw.com.IN THE CIRCUIT COURT IN AND FOR.
BROWARD COUNTY, FLORIDA
CASE NO. CACE-15-021359
NICOLE RUTSKY,
Plaintiff,
Vv.
BMW OF NORTH AMERICA, LLC,
Defendant.
/
AGREED ORDER ON MOTION FOR TRIAL CONTINUANCE
THIS CAUSE, having come before this Honorable Court, on Plaintiffs and Defendant’s
joint Motion for Continuance, and this Court having been fully advised, it is hereby ordered and
adjudged that:
1. The Motion to Continue Trial is granted. The 5/1/17 trial docket is stricken. The Parties
do not need to appear at the pretrial conference or trial.
2. The parties shall contact the judicial assistant to re-set this matter on the Court’s trial
docket at a time that is convenient for Plaintiff, Defendant, and the Court.
SO ORDERED this day of 2017, in Broward County, Florida.
Thomas M. Lynch, IV
Circuit Judge
ce: Brent Wikgren, Esq.; bwikgren@consumerlawcenter.com
Andrew Collinson, Esq.; acollinson@hinshawlaw.com
“7 9 7 2 ,
A LOL OTR ML
Electronically Signed by Bidwill, Martin CACE15021359 04-13-2017 5:00 PM
Preview
Filing # 55067713 E-Filed 04/13/2017 05:00:08 PM Krohn & Moss, Ltd. Main Office 10 N. Dearborn St, 8rd Floor Chicago, IL 60602 www.krohnandmoss.com Writer's Direct Number Writer licensed to practice (812) 578 9428 Ext. 203 only in Writer's Direct Facsimile Florida (866) 289-0898 ‘Ilinois Writer's Direct E-Mail bwikgren@consumerlawcenter.com www.krohnandmoss.com April 13, 2017 Thomas M. Lynch IV Broward County Courthouse 201 S.E. 6th Street Crt Room 950 Ft. Lauderdale FL. 33301 RE: Rutsky, Nicole v. BMW of North America Inc Case No.: CACE-15-021359 Dear. Hon. Judge Lynch: Please find enclosed for your review and consideration a courtesy copy of Plaintiff's and Defendant’s joint Motion for Trial Continuance. An agreed order has also been enclosed for your convenience. Thank you for your consideration of our request. Should you have any suggestions or comments, please do not hesitate to contact our office. As always, opposing counsel has been copied on this correspondence. tfully submitted, Attorney at Law Enc’ cc: Andrew Collinson, Esq. [acollinson@hinshawlaw.com] *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 4/13/2017 5:00:38 PM.****IN THE CIRCUIT COURT IN AND FOR BROWARD COUNTY, FLORIDA, CASE NO. CACE-15-021359 NICOLE RUTSKY, Plaintiff, v. BMW OF NORTH AMERICA, LLC, Defendant. / AGREED ORDER. ON MOTION FOR TRIAL CONTINUANCE THIS CAUSE, having come before this Honorable Court, on Plaintiff's and Defendant’s joint Motion for Continuance, and this Court having been fully advised, it is hereby ordered and adjudged that: 1. The Motion to Continue Trial is granted. The 5/1/17 trial docket is stricken. The Parties do not need to appear at the pretrial conference or trial. 2. The parties shall contact the judicial assistant to re-set this matter on the Court’s trial docket at a time that is convenient for Plaintiff, Defendant, and the Court. 2017, in Broward County, Florida. SO ORDERED this___ day of Thomas M. Lynch, [IV Circuit Judge cc; Brent Wikgren, Esq.; bwikgren@consumerlawcenter.com Andrew Collinson, Esq.; acollinson@hinshawlaw.comFiling # 55034136 E-Filed 04/13/2017 11:53:42 AM IN THE CIRCUIT COURT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO. CACE-15-021359 NICOLE RUTSKY, Plaintiff, vy. BMW OF NORTH AMERICA, LLC, Defendant. / PLAINTIFF’S AND DEFENDANT’S AGREED MOTION TO CONTINUE TRIAL NOW COME the PLAINTIFF and DEFENDANT who jointly: move this Honorable Court for a Continuance of Trial in this matter, and in support thereof state as follows: 1. This matter is set for trial on the three week trial docket beginning May 1, 2017 (See attached Exhibit “A” Trial Setting Order). This is the first time this case has been up for trial. 2., While it is unlikely that this trial will proceed on May | due to the number of trials that have priority over this one, out of an abundance of caution the parties are filing the instant motion. 3. Plaintiff's counsel and Defendant’s counsel are scheduled to begin a date certain trial (against each other) on Tuesday April 25, 2017. The trial of that matter is expected to last at least 6 days and is an older case that the present. The date certain trial was not known to either counsel until April 3, 2017.4. In addition to the date certain trial which will continue over into the trial docket of this case, the one (1) year old son of Plaintiffs lead trial counsel Brent Wikgren is scheduled for surgery once and possibly twice (depends on the outcome of the first surgery) during the trial of this matter. Mr. Wikgren’s son was not referred to surgery until April 10, 2017 and therefore Mr. Wikgren was unaware of any conflict until recently. 5. Due to the unexpected date certain trial and due to the expected unavailability of the Plaintiffs lead trial counsel for the trial period in this case, Plaintiff and Defendant are jointly requesting that this Court continue this case, 6. Plaintiff's counsel has conferred with Plaintiff on April 13, 2017 who agrees with the continuance because she wants her lead counsel present at trial. Plaintiff would be prejudiced if her lead counsel is not present at the trial of this matter with her. Defendant has graciously agreed to the continuance. An agreed order has been provided for the Court (See Exhibit “B”). 7. Accordingly, Plaintiff and Defendant request that the trial in the instant matter be continued. 8. Plaintiff and Defendant state that the instant motion is not being brought for the purposes of harassment or delay. WHEREFORE, Plaintiff and Defendant jointly pray that this Honorable Court enter an Order continuing the trial in this matter.Respectfully Submitted, Krohn & Moss,.Ltd FBN: 0042911 Attorney for Plaintiffs KROHN & MOSS, LTD. 10 N. Dearborn St., 3 Floor Chicago, IL 60602 (312) 578 9428 CERTIFICATE OF E-SERVICE I, Brent Wikgren, certify that a true and correct copy of the foregoing was served upon Mr. Andrew Collinson, Hinshaw & Culbertson., via electronic mail to ‘acollinson@hinshawlaw.com on April 13, 2017. By: B kgren- EXHIBIT AFiling # 46306161 E-Filed 09/12/2016 11:55:07 AM IN THE CIRCUIT COURT OF THE 17™ JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO, CACE15021359 DIVISION 05 Judge 95 Lynch, Thomas M., IV (05) UNIFORM TRIAL ORDER 17™ JUDICIAL CIRCUIT ORDER FOR PRETRIAL Plaintiff(s) / Petitioner(s) CONFERENCE AND v. CALENDAR CALL Nicole Rutsky BMW of North America LLC Defendant(s) / Respondent(s) ‘TRIAL PERIOD Commencing 05-01-2017 | This is a(3_) week calendar CALL OF THE CALENDAR AND PRETRIAL CONFERENCE: 4-21-2017 9:30 AM 4 DAYS dury Trial THE ORDER OF TRIALS set during this period will be determined at the CALENDAR CALL. You are subject to being called to commence trial during any part of the above noted trial period. Failure of any party to attend the conference and calendar call may result in either the case being dismissed or a default being entered. The Court has determined this case is ready for trial pursuant to Fla. R. Civ. P. 1.440. The case is set for trial before the undersigned Judge in Courtroom 950 , Broward County Courthouse, 201 S.E. 6” Street, Fort Lauderdale, Florida as stated above. You are advised your case may be placed into the 17" Circuit's “Civil Trial Poo!” and is subject to being called for trial before any Circuit Civil Judge. !f placed in the Civil Trial Pool, you MUST be prepared to proceed to trial if called. ONLY the Division Judge or Administrative Judge of the Civil Division may grant a continuance of any case placed in the Civil Trial Pool. The following requirements are imposed on all parties by the Court: NO LATER THAN NINETY (90) DAYS PRIOR TO TRIAL - EXPERT WITNESSES DISCLOSURE (Filed with the Clerk and served on all counsal) The parties shall fumish opposing counsel with the names and addresses, along with complete and updated curriculum vitae of all expert witnesses to be called at trial; and all information regarding expert testimony that is required by Fla. R. Civ. P. 1.280 (b)(4)(A); and shall furnish opposing counsel with two (2) alternative dates of availabilty of all expert witnesses for the purpose of taking their deposition. Both sides shall cooperate in the scheduling of such expert depositions, Page 1 of 3vil. NO LATER THAN SIXTY (60) DAYS PRIOR TO TRIAL - MEDICAL EVALUATIONS: All medical evaluations and other ‘examinations pursuant to Fla. R. Civ. P. 1.360 shall have been completed. NO LATER THAN FORTY-FIVE (45) DAYS PRIOR TO TRIAL: All final discovery shall have been initiated. TEN (40) DAYS PRIOR TO TRIAL: All pretrial discovery, including discovery depositions or testimony preserved by Video of witnesses or experts to be used at trial, shall have been completed. Any Motions In Limine, shall be filed and served upon opposing counsel, AT THE TIME OF THE ABOVE NOTICED PRETRIAL CONFERENCE / CALENDAR CALL, the Joint Pretrial Stipulation must be completed and timely filed with the Clerk with a copy provided to the undersigned Judge. At the time of the pretrial conference/calendar call the parties shall be prepared to discuss all items set forth in Fla R. Civ. P. 1.200(b). THE JOINT PRETRIAL STIPULATION MUST CONTAIN IN SEPARATELY NUMBERED PARAGRAPHS: [A joint pretrial stipulation contemplates a single document. It requires that all agreed matters be fully identified, and any disputed matters be specifically delineated with respect to each party]: c Statement of the Facts: A concise, impartial statement of the facts of the case. Stipulated Facts: A list of those facts that can be stipulated and require no proof at the trial. Statements of Disputed Law & Fact: Those issues of law and fact that are to be tried. Exhibit Lists: Each party shail separately list all exhibits they intend to introduce into evidence. Each item shall be listed by number and description on a separate schedule attached to the stipulation, Each exhibit shall be specifically described. Generic descriptions of exhibits are subject to being stricken. Counsel shall initial each other's exhibit list and exhibits. All exhibits to be offered in evidence at trial shall have been made available to opposing counsel for examination and initialing. Only those exhibits listed and initialed may be offered in evidence. If any party objects to the introduction of any such exhibit, such objection must be stated in the stipulation, setting forth the grounds with specificity. Demonstrative exhibits (e.g. charts, enlargements of exhibits) to be used at a jury trial must be displayed to all counsel before being shown to the jury. 5. Witness Lists: Parties shall attach and furnish counsel with a written list in alphabetical order containing the names and addresses of all witnesses (“rebuttal”, impeachment” or otherwise) intended to be called at trial. Only those witnesses listed shall be permitted to testify. All witness lists shall include a brief description of the substance and scope of the testimony to be elicited from such witness. All expert witnesses and their specialties shall be designated. If any party objects to any witness, such objection must be stated in the stipulation, setting forth the grounds with specificity. At trial, all parties shall be strictly limited to witnesses properly and timely disclosed. 6. Jury Instructions: If the trial is a jury trial counsel shaill identify all agreed upon standard instructions and all special instructions, Any disputed jury instructions shall be attached and identified as to the party that proposed the instruction. Copies of all agreed upon instructions or disputed instructions shall be attached to the stipulation, along with copies of supporting statutory citations and/or case law. 7 7. Verdict Forms; If the trial is a jury trial the jury verdict form shall be attached and designated as agreed to or disputed, Agreed and/or disputed verdict forms shall be attached. Peremptory Challenges: If the trial is a jury trial, state the number of peremptory challenges for each party. Pending Motions: Set forth a list of all pending motions with copies attached to the pretrial stipulation. To the extent the Court has time prior to commencement of the trial; all pending motions will be heard or set for hearing at the above-noticed Pretrial Conference. All parties shall be fully prepared to present legal argument for all pending Motions at the Pretrial Conference. 10. ‘Trial Estimate: Each party shall provide an estimate of the number of days of trial for its side. 1, ‘Daubert issues. All DAUBERT related issues involving any requests for hearings on DAUBERT related ‘evidence shall be noticed and heard — or agreed to by the parties — no later than (30) days prior to the trial period. FAILURE TO DO SO SHALL CONSTITUTE A WAIVER OF ANY DAUBERT RELATED EVIDENCE ISSUE. It is within the discretion of the Court to remove any case for trial with pending DAUBERT issues. BONS em NO LATER THAN TEN (10) DAYS prior to the trial period set forth above the following shall be completed or heard by the Court: : 4. Depositions to preserve testimony of any witness, including experts, shall have been completed; 2. All pretrial motions, depositions or proceedings related thereto and MOTIONS IN LIMINE: All motions to exclude witnesses or evidence of other motions directed to the conduct of the trial for which grounds then exist must be filed and heard prior to commencement of the trial. Page 2 of 3vill x MOTIONS FOR SUMMARY JUDGMENT will NOT be heard at the calendar call, pretrial conference or at the time of trial, SETTLEMENT: Counsel shall immediately notify this Court in the event of settlement and submit a stipulation for and ‘order of dismissal, Counsel shall also notify the Court of any pending hearings that will be canceled as a result of the settlement. THE PARTIES ARE CAUTIONED REGARDING THE FOLLOWING POLICIES OF THE COURT: 4. The pailies shall do all things reasonable and necessary to assure the avail ‘of their witnesses for the entire trial period or to otherwise preserve their testimony for trial as provided by the Florida Rules of Civil Procedure. See Rules 4.300 and 1.460 Fla.R.Civ.P. and Rule 2.545 of the Florida Rules of Judicial Administration. CONTINUANCES will only be considered on written motion prior to calendar call. vn NO CONTINUANCES will be granted for reasons that should have been readily apparent to counsel when the trial order was received or expert witnesses aré unavailable since testimony may be preserved by deposition. Continuances requested for reasons relating to failure to follow this Order will not be granted. e THE REQUIREMENTS OF THIS PRETRIAL ORDER CANNOT BE WAIVED BY ‘STIPULATION. = ‘The parties and counsel should be familiar with Fla.R.Civ.P 1.380 regarding ‘Failure to Make Discovery: Sanctions”, and, Fla. Stat., §57.105, entitled “Attorney's Fee; sanctions for raising unsupported claims or defenses; service of motions; damages for delay of litigation.” The Court may impose sanctions for failure to comply with the requirements of this pretrial order including dismissal of the action. e FAILURE TO ATTEND, FAILURE TO FOLLOW TIME REQUIREMENTS OR FILE DOCUMENTS REQUIRED BY THIS COURT MAY RESULT IN THE DISMISSAL OF THE ACTION OR THE IMPOSITION OF SANCTIONS INCLUDING STRIKING OF THE PLEADINGS. 6. MEDIATION IS MANDATORY: Mediation shall commence no later than (60) days prior to the calendar call. The parties shall comply with Fla, R. Civ. P. 1.700, 41.710, 1,720, and 1.730 as to the conduct of mediation. Plaintiffs ‘counsel is appointed lead counsel to facilitate and schedule the settlement conference with the mediator and all parties. The court may issue a separate order appointing a mediator. Any court appointed mediator shall serve as mediator unless within (30) days of this order the parties choose a different mediator. Failure to attend mediation may result in sanctions. 7. Plaintiffis responsible for arranging for a court reporter unless otherwise agreed. ORDERED and ADJUDGED at Fort Lauderdale, Florida on 09-12-2016 cdlok-evrtsdObe-idtesteA: M CACE15021359 09-12-2016 11:56 AM CIRCUIT COURT JUDGE 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 Diana Sobel, Room 470, 201 S.E. Sixth Street, Fort Lauderdale, Florida 33301, 954-831-7721 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. Page 3 of 3Copies Furnished to: acollinson@hinshawlaw.com kvasudevan@consumerlawcenter.com bmcgreal@hinshawlaw.com jrozencweig@consumerlawcenter.com bbennett@hinshawlaw.com bwikgren@consumerlawcenter.com mmaglio@consumerlawcenter.com jshield@consumerlawcenter.com dfernandez@consumerlawcenter.comIN THE CIRCUIT COURT IN AND FOR BROWARD COUNTY, FLORIDA, CASE NO. CACE-15-021359 NICOLE RUTSKY, Plaintiff, v. BMW OF NORTH AMERICA, LLC, Defendant. / AGREED ORDER ON MOTION FOR TRIAL CONTINUANCE THIS CAUSE, having come before this Honorable Court, on Plaintiff's and Defendant’s joint Motion for Continuance, and this Court having been fully advised, it is hereby ordered and adjudged that: The Motion to Continue Trial is granted. The 5/1/17 trial docket is stricken. The Parties 1. do not need to appear at the pretrial conference or trial. 2. The parties shall contact the judicial assistant to re-set this matter on the Court’s trial docket at a time that is convenient for Plaintiff, Defendant, and the Court. SO ORDERED this___ day of 2017, in Broward County, Florida. Thomas M. Lynch, IV Circuit Judge ce: Brent Wikgren, Esq.; bwikgren@consumerlawcenter.com Andrew Collinson, Esq.; acollinson@hinshawlaw.com.IN THE CIRCUIT COURT IN AND FOR. BROWARD COUNTY, FLORIDA CASE NO. CACE-15-021359 NICOLE RUTSKY, Plaintiff, Vv. BMW OF NORTH AMERICA, LLC, Defendant. / AGREED ORDER ON MOTION FOR TRIAL CONTINUANCE THIS CAUSE, having come before this Honorable Court, on Plaintiffs and Defendant’s joint Motion for Continuance, and this Court having been fully advised, it is hereby ordered and adjudged that: 1. The Motion to Continue Trial is granted. The 5/1/17 trial docket is stricken. The Parties do not need to appear at the pretrial conference or trial. 2. The parties shall contact the judicial assistant to re-set this matter on the Court’s trial docket at a time that is convenient for Plaintiff, Defendant, and the Court. SO ORDERED this day of 2017, in Broward County, Florida. Thomas M. Lynch, IV Circuit Judge ce: Brent Wikgren, Esq.; bwikgren@consumerlawcenter.com Andrew Collinson, Esq.; acollinson@hinshawlaw.com “7 9 7 2 , A LOL OTR ML Electronically Signed by Bidwill, Martin CACE15021359 04-13-2017 5:00 PM