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Filing # 94736635 E-Filed 08/26/2019 09:55:37 AM
IN THE CIRCUIT COURT OF THE
reth WMICTAT CIDCTIT TAT ANT EAD
1D JUWIUIAL UU Ns
PALM BEACH COUNTY, FLORIDA
Case No. 50-2017-CA-013348-XXXX-MB (AD)
6654 NW 27 AVENUE LLC, a Florida limited liability company,
Plaintiff/Counter-Defendant,
v.
PINCUS CAPITAL LLC, a Delaware limited liability company,
THE BANYANS AT BROKEN SOUND PROPERTY OWNERS’
ASSOCIATION, INC., a Florida not-for-profit corporation,
COUNTRY CLUB MAINTENANCE ASSOCIATION, INC., a
Florida not-for-profit corporation, et al,
Defendants,
MARK BENUN, an individual,
Defendant/Counier-Piaintiff,
LAWRENCE SHAPIRO, an individual,
Additional Counter-Defendant.
_/
DI AINTIPC MATION TA DPE IML NELENDANTS FRAM
AQUA AAR UU EU se A
CALLING WITNESSES AND INTRODUCING EXHIBITS AT TRIAL
The Plaintiff, 6654 NW 27 AVENUE, LLC, and the Additional Counter-Defendant,
LAWRENCE SHAPIRO, by and through their undersigned attomeys, hereby move the court for
the entry of an order precluding the Defendants, PINCUS CAPITAL LLC and MARK BENUN,
from calling any witnesses and introducing any exhibits at the trial of this matter, and as grounds
therefor state:
1. On July 23, 2019, the court entered its Order Setting Non-Jury Trial and Directing
Pretrial and Mediation Procedures (the “Trial Order”) wherein the court set this case for calendar
EIEN: DAIN REACH COIINTV FL CHADAN PD RACK CLERK N9/I9RINN10 NA-F5-27 AM
Pinky. Au BEN QUIN, PL, BIR. DUU, UVLO, YUreuZU TY Ue. ieCase No. 50-2017-CA-013348-XXXX-MB (AD)
call on October 11, 2019, for a non-jury trial to take place sometime between October 21 and
December 20, 2019. A copy of the Trial Order is attached hereto as Exhibit “A.”
2. In the Trial Order, the court ordered that the parties shall exchange trial witness
lists and exhibit lists no later than fifty (50) days prior to the calendar call on October 11, 2019, to
wit, HG later than August 22, 2019.
3. In accordance with the Trial Order, the Plaintiff timely filed its trial witness list and
exhibit list on August 22, 2019.
4. However, in violation of the Trial Order, the Defendants failed to timely file their
lists. Moreover, as of the date of filing of this motion, the Defendants have still not filed their lists
of witnesses to be called and exhibits to be introduced at trial.
5. As a result, the Defendants should be precluded from calling any witnesses and
introducing anv exhibits at the trial of this matter.
WHEREFORE, the Plaintiff and Additional Counter-Defendant respectfully request that
the court enter an order precluding the Defendants from calling any witnesses and introducing any
exhibits at the trial of this matter and grant such other and further relief as the court deems just and
proper.
[CERTIFICATE OF SERVICE ON NEXT PAGE]Case No, 50-2017-CA-013348-XXXX-MB (AD)
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing has been served via email and U.S. mail
on Pincus Capital LLC, c/o Mark Benun, and Mark Benun, [markmbenun@gmail.com], 6654
NW 27" Avenue, Boca Raton, FL 33496, and via email on Katherine C. Nuckolls, Esq.,
knuckolls@randallkroger.com], Andrew G. Elliott, Esq., [aelliott@randallkroger.com
(marie@randallkroger com], Randall K. Roger & Associates, P.A., Attorneys for Country Club
ave Toon LAV NIV 691d Gteant Outta 2AN Dann Datan Elarida 22427 an
Oil, 41iC., ULI INW JO QUETL, QUE Suu, DUCA aon, Puiu SotUr, Un
Mainiénaicé Asso
August 2G , 2019.
SHAPIRO, FISHMAN & GACHE, LLP
Attorneys for the Plaintiff
2424 North Federal Highway, Suite 360
Boca Raton, Florida 33431
(561) 287-5599 (phone)
(561) 287-8589 (fa
By:
Ronald M. Gaché, Esq.
Florida Bar No. 699306
rgache@logs.com
Scott A. Simon, Esq.
Florida Bar No. 0088676
ssimon@logs.comIN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
TAT AAIN EADY DATA DDACU CATINTY ETADTNA
IN AND CUR DALI DEN UU, rune
CIRCUIT CIVIL DIVISION: AD
CASE NO.: 50-2017-CA-013348-XXXX-MB
6654 NW 27 AVENUE LLC, a
Florida Limited Liability Company,
Flam,
vs.
PINCUS CAPITAL LLC, a Delaware
Limited Liability Company, and
MARK BENUN, an Individual,
Defendant(s).
/
ORDER SETTING NON-JURY TRIAL AND
1. SCHEDULING
This action is set for Non-Jury Trial on the eight week calendar sometime between
OCTOBER 21, 2019 and DECEMBER 20, 2019. CALENDAR CALL IS SET FOR
OCTOBER 11, 2019 AT 0830 AM IN COURTROOM 9A, PALM BEACH
COUNTY COURTHOUSE, 205 N. DIXIE HIGHWAY, WEST PALM BEACH, FL
33401. APPEARANCE AT CALENDAR CALL IS REQUIRED. TELEPHONE
APPEARANCES ARE NOT PERMITTED AT CALENDAR CALL. The Court has
reserved TWO (2) DAYS for the trial of this cause.
Il. UNIFORM PRETRIAL PROCEDURE
A. On the last business day no later than 50 DAYS PRIOR TO CALENDAR CALL,
the parties shall exchange lists of all trial exhibits, names and addresses of all trial
witnesses, and names and addresses of all expert witnesses.
On the last business dav no later than 40 DAYS PRIOR TO CALENDAR CALL,
the parties shall exchange lists of names and addresses of all rebuttal witnesses.
C. In addition to names and addresses of each expert retained to formulate an expert
opinion with regard to this cause, both on the initial listing and on rebuttal, the parties
shall provide:
w
1. the subject matter about which the expert is expected to testify;
2, the substance of the facts and oninions to which the expert is expected to
testify;
3. asummary of the grounds for each opinion;
EXHIBIT
Page 1 of 6 H fjCase No. 50-2017-CA-0 13348-XXXX-MB
Inve artis
4. acopy of any written reports issued by the expert regarding this case;
5. aGOpy Of tie expert's Cumiculum vitas.
D. On the last business day no later than 30 DAYS PRIOR TO CALENDAR CALL,
the parties shall confer and:
1. discuss settlement;
2. simplify the issues and stipulate, in writing, as to as many facts and issues as
naceihla:
possi,
3. prepare a Pre-Trial Stipulation in accordance with paragraph E; and
4. list all objections to trial exhibits.
E. PRETRIAL STIPULATIONS MUST BE FILED. It shall be the duty of counsel
for the Plaintiff to see that the Pre-Trial Stipulation is drawn, executed by counsel
for all parties, and filed with the Clerk no later than20 DAYS PRIOR TO
CALENDAR CALL. UNILATERAL PRETRIAL STATEMENTS ARE
DISALLOWED, UNLESS APPROVED BY THE COURT, AFTER NOTICE
AND HEARING SHOWING GOOD CAUSE. Counsel for all parties are charged
with good faith cooperation in this regard. The Pre-Trial Stipulation shall contain in
separately numbered paragraphs:
1, alist of all pending motions, if any. The pretrial motion deadline in this case
has expired, with the exception of motions in limine
2. stipulated facts which require no proof at trial which may be read to the trier
of fact;
3. astatement of all issues of fact for determination at trial;
4. each party's numbered list of trial exhibits with specific objections, if any, to
schedules attached to the Stipulation;
5. each party's numbered list of trial witnesses with addresses (including all
known rebuttal witnesses); the list of witnesses shall be on separate schedules
attached to the Stipulation;
6. astatement of estimated trial time;
7. names of attomeys to try case.
F. FILING OF PRE-TRIAL STIPULATION. Failure to file the Pre-Trial
Stipulation or a Court Approved Unilateral Stipulation as above provided may result
in the case being stricken from the Court's calendar at its sounding or other
sanctions.
G. ADDITIONAL EXHIBITS, WITNESSES OR OBJECTIONS. At trial, the
parties shall be strictly limited to exhibits and witnesses disclosed and objections
reserved on the schedules attached to the Pre-Trial Stipulation prepared in
accordance with paragraphs D and E, absent agreement specifically stated in the
Pre-Trial Stipulation or order of the Court upon good cause shown. Failure to
Page 2 of 6Case No. 50-2017-CA-013348-XXXX-MB
Bo
fa
5
reserve objections Sonstituiss a waiver. A party desiring to use an exhibit or witness
Ate Lanvin anes uennant tn nnenaeank TD) chall immadiataly
discovered alter Counsel have Confemed puisuait (6 paragiapn O Sau imfwciawsy
furnish the Court and other counsel with a description of the exhibit or with the
witness’ name and address and the expected subject matter of the witness' testimony,
together with the reason for the late discovery of the exhibit or witness. Use of the
exhibit or witness may be allowed by the Court for good cause shown or to prevent
manifest injustice.
DPE TDIAT CANTEDENOT Noa neo_teial aanfaranna niwonant ta Fla D Civ D
2 2A CUE NN ie INU Prem Uial UUMMUICLUS PUuloUal LU Lads ake We ae
1200 is set by the Court on its own motion. If a pre-trial conference is set upon
motion of a party, counsel shall meet and prepare a stipulation pursuant to paragraphs
D and E and file the stipulation no later thanS DAYS BEFORE THE
CONFERENCE. Failure to request a pre-trial conference in a timely fashion
constitutes a waiver of the notice of requirement of Rule 1.200.
TINTOTTE QUESTIONS OTT AW Dring ta nalendar call enimcel far the nartiac
. UNA Ua QUE REUUN UE aur. 2 IO, WO CalulluG: Vall, COWS! AGL ue paLewS
are directed to exchange and simultaneously submit to the Court appropriate
memoranda with citations to legal authority in support of any unique legal questions
which may reasonably be anticipated to arise during the trial.
. MODIFICATION TO UNIFORM PRE-TRIAL PROCEDURE. Upon written
stipulation of the parties filed with the court, the Pre-Trial Procedure, except for
jtame TIDE inalncive mau ha modified in acanrdanca with the nartiac! ctinnlatian
RODD awa, UAUoIVe, lay Oe GGuIVG ME @UCUluauOY Wi Wie paluwe GupuEu sy,
except to the extent that the stipulation may interfere with the Court's scheduling of
the matter for trial or hinder the orderly progress of the trial.
PRE-MARKING EXHIBITS. BEFORE TRIAL, each party shall contact the
clerk for pre-marking instructions (56 1) 355-2986.
DEFUSIIION DESIGNALIONS. No laier ian
CALENDAR CALL, each party shall serve his, her, or its designation of
depositions, or portions of depositions, each intends to offer as testimony in his,
her or its case in chief. No later than10 DAYS PRIOR TO CALENDAR CALL,
each opposing party shall serve his, her, or its counter (or fairness") designations
to portions of depositions designated, together with objections to the depositions,
or portions thereof, originally designated. No later than calendar call, each party
chall carve hic her ar ite nhiestinne tn eamnter decianatinne carved hy an annncing
Sita SOIVe ans, mer CY nS Cojecucus 1 CCUmeT Gooigmaacns Somves oy an Cppcsine:
party.
. REQUIRED PRE-CALENDAR CALL MEETING. No later than FIVE DAYS.
PRIOR TO CALENDAR CALL, counsel for the parties are required to meet and
exchange all pre-marked exhibits and demonstratives that will be used at trial.
I. MEDIATION
Page 3 of 6Case No. 50-20 17-CA-013348-XXXX-MB
A. All parties are required to participate in mediation.
1, The appearance of counsel who will try the case and representatives of each
party with full authority to enter into a complete compromise and settlement is
mandatory. If insurance is involved, an adjuster with authority up to the policy
limits or the most recent demand, whichever is lower, shall attend.
2. Atleast ONE WEEK BEFORE THE CONFERENCE, all parties shall
file with the mediator a brief, written summary of the case containing a list of
igsues as to each narty. If an attorney or party filing the summary wishes its
content to remain confidential, he/she must advise the mediator in writing when
the report is filed.
3. All discussions, representations, and statements made at the mediation
conference shall be privileged consistent with Florida Statutes sections
44.102 and 90.408.
4. The mediator has no power to compel or enforce a settlement agreement. If a
settlement is reached, it shall be the responsibility of the attorneys or parties
to reduce the agreement to writing and to comply with Florida Rule of Civil
Procedure 1.730(b), unless waived.
B. The Plaintiff's attorney shall be responsible for scheduling mediation. The parties
should agree ona mediator. If they are unable to agree, any party may apply to the
Court for appointment of a mediator in conformity with Rule 1.720 (f), Fla. R. Civ. P.
The lead attomey or party shall file and serve on all parties and the mediator a
Notice of Mediation giving the time, place, and date of the mediation and the
mediators name. The mediator shall be paid $175.00 per hour, unless otherwise
agreed by the parties.
C. Completion of mediation prior to calendar call is a prerequisite to trial. If mediation
is not conducted, or if a party fails to participate in mediation, the case, at the
Court's discretion, may be stricken from the trial calendar, pleadings may be
stricken, and other sanctions may be imposed.
D. Any party opposing mediation may proceed under Florida Rule of Civil Procedure
1.700().
IV. NONCOMPLIANCE
NONCOMPLIANCE WITH ANY PORTION OF THIS ORDER MAY
RESULT IN THE STRIKING OF THE CASE, WITNESSES, OR EXHIBITS,
OR IMPOSITION OF SUCH OTHER SANCTIONS AS ARE JUST.
NOTE: In accordance with the 15th Judicial Circuit’s Administrative Order 2.310-
4/13, please ensure that primary and secondary email addresses are registered with
Court Administration at www.15thcircuit.com/onlineservices. The filing of an email
designation with the Clerk’s Office is NOT a registration with Court Administration
al judicial e-service of orders. Ce
Page 4 of 6Case No. 50-2017-CA-013348-XXXX-MB
In accordance with Administrative Order 2.311-2/13, when an attomey is no longer
nL ed a et lene ment
COUMSE! O1 TECOTU Of @ Case, ue auoiiey muse
wedate hin ae hee neimans and
Upuate ius OF uer pinay anu
secondary email addresses with the Clerk of Court. (See exhibits attached to A.O.
2311)
DONE AND ORDERED in West Palm Beach, Palm Beach County, Florida, this 23rd
day of July, 2019.
COPIES TO:
6654 NW 27 AVENUE LLC
ANDREW ELLIOTT
KATHERINE C. NUCKOLLS
RONALD M. GACHE
UNKNOWN PARTIES IN
POSSESSION
MARK BENUN
PINCUS CAPITAL LLC
voaspaasoocr ye sof gay oe
Ja @RZGoodman::Judgo
50-2017-CA-013348-XXXX-MB 07/23/2019
Jaimie R. Goodman
No Address Available
No Address Available
621 N.W.53RD STREET
SUITE 300 RANDALL K
ROGERS & ASSOC
BOCA RATON, FL 33487
2424 N FEDERAL HWY
SUITE 360
BOCA RATON, FL33431
No Address Available
6654 NW 27TH AVENUE
BOCA RATON, FL 33496
C/O MARK BENUN
466A WWI AIT AUENTTIO
UUST NW 2/442 AVGINUG
BOCA RATON, FL 33496
Page 5 of 6
aelliott@randallkroger.com
marie@randallkroger.com
knuckolls@randallkroger.com
knuckolls@randallkroger.com
RGACHE@LOGS.COM
ssimon@logs.com
jcosner@logs.com
markmbenun@gmuil.comCase No. 50-20 17-CA-0 13348-XXXX-MB
This notice is provided pursuant to Administrative Order No. 2.207
“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 Tammy Anton,
Americans with Disabilities Act Coordinator, Palm Beach County
Courthouse, 205 North Dixie Highway West Palm Beach, Florida 33401;
telephone number (561) 355-4380 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.”
“Si usted es unapersona_minusvdlida que necesita algun
acomodamiento nara noder narticinar en este nrocedimiento, usted tiene
derecho, sin tener gastos propios, a que se le provea cierta ayuda. Tenga la
amabilidad de ponerse en contacto con Tammy Anton, 205 N. Dixie
Highway, West Palm Beach, Florida 33401; teléfono numero (561) 355-
4380, por lo menos 7 dias antes de la cita fijada para su comparecencia en
los tribunales, o inmediatamente después de recibir esta notificacién si el
tiempo antes de la comparecencia que se ha programado es menos de 7
dias; si usted tiene discapacitacién del ofdo o de la voz, llame al 711.”
“Si ou se yon moun ki enfim ki bezwen akomodasyon pou w ka
patisipe nan pwosedi sa, ou kalifye san ou pa gen okenn lajan pou w peye,
gen pwovizyon pou jwen kék éd. Tanpri kontakte Tammy Anton,
kdddonaté pwogram Lwa pou ameriken ki Enfim yo nan Tribinal Konte
Palm Beach la ki nan 205 North Dixie Highway, West Palm Beach, Florida
33401; telefén li se (561) 355-4380 nan 7 jou anvan dat ou gen randevou
pou parét nan tribinal la, oubyen imedyatman apre ou fin resevwa
konvokasyon an si lé ou gen pou w parét nan tribinal la mwens ke 7 jou; si
ou gen pwoblém pou w tande oubyen pale, rele 711.”
Page 6 of 6
Preview
Filing # 94736635 E-Filed 08/26/2019 09:55:37 AM IN THE CIRCUIT COURT OF THE reth WMICTAT CIDCTIT TAT ANT EAD 1D JUWIUIAL UU Ns PALM BEACH COUNTY, FLORIDA Case No. 50-2017-CA-013348-XXXX-MB (AD) 6654 NW 27 AVENUE LLC, a Florida limited liability company, Plaintiff/Counter-Defendant, v. PINCUS CAPITAL LLC, a Delaware limited liability company, THE BANYANS AT BROKEN SOUND PROPERTY OWNERS’ ASSOCIATION, INC., a Florida not-for-profit corporation, COUNTRY CLUB MAINTENANCE ASSOCIATION, INC., a Florida not-for-profit corporation, et al, Defendants, MARK BENUN, an individual, Defendant/Counier-Piaintiff, LAWRENCE SHAPIRO, an individual, Additional Counter-Defendant. _/ DI AINTIPC MATION TA DPE IML NELENDANTS FRAM AQUA AAR UU EU se A CALLING WITNESSES AND INTRODUCING EXHIBITS AT TRIAL The Plaintiff, 6654 NW 27 AVENUE, LLC, and the Additional Counter-Defendant, LAWRENCE SHAPIRO, by and through their undersigned attomeys, hereby move the court for the entry of an order precluding the Defendants, PINCUS CAPITAL LLC and MARK BENUN, from calling any witnesses and introducing any exhibits at the trial of this matter, and as grounds therefor state: 1. On July 23, 2019, the court entered its Order Setting Non-Jury Trial and Directing Pretrial and Mediation Procedures (the “Trial Order”) wherein the court set this case for calendar EIEN: DAIN REACH COIINTV FL CHADAN PD RACK CLERK N9/I9RINN10 NA-F5-27 AM Pinky. Au BEN QUIN, PL, BIR. DUU, UVLO, YUreuZU TY Ue. ieCase No. 50-2017-CA-013348-XXXX-MB (AD) call on October 11, 2019, for a non-jury trial to take place sometime between October 21 and December 20, 2019. A copy of the Trial Order is attached hereto as Exhibit “A.” 2. In the Trial Order, the court ordered that the parties shall exchange trial witness lists and exhibit lists no later than fifty (50) days prior to the calendar call on October 11, 2019, to wit, HG later than August 22, 2019. 3. In accordance with the Trial Order, the Plaintiff timely filed its trial witness list and exhibit list on August 22, 2019. 4. However, in violation of the Trial Order, the Defendants failed to timely file their lists. Moreover, as of the date of filing of this motion, the Defendants have still not filed their lists of witnesses to be called and exhibits to be introduced at trial. 5. As a result, the Defendants should be precluded from calling any witnesses and introducing anv exhibits at the trial of this matter. WHEREFORE, the Plaintiff and Additional Counter-Defendant respectfully request that the court enter an order precluding the Defendants from calling any witnesses and introducing any exhibits at the trial of this matter and grant such other and further relief as the court deems just and proper. [CERTIFICATE OF SERVICE ON NEXT PAGE]Case No, 50-2017-CA-013348-XXXX-MB (AD) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing has been served via email and U.S. mail on Pincus Capital LLC, c/o Mark Benun, and Mark Benun, [markmbenun@gmail.com], 6654 NW 27" Avenue, Boca Raton, FL 33496, and via email on Katherine C. Nuckolls, Esq., knuckolls@randallkroger.com], Andrew G. Elliott, Esq., [aelliott@randallkroger.com (marie@randallkroger com], Randall K. Roger & Associates, P.A., Attorneys for Country Club ave Toon LAV NIV 691d Gteant Outta 2AN Dann Datan Elarida 22427 an Oil, 41iC., ULI INW JO QUETL, QUE Suu, DUCA aon, Puiu SotUr, Un Mainiénaicé Asso August 2G , 2019. SHAPIRO, FISHMAN & GACHE, LLP Attorneys for the Plaintiff 2424 North Federal Highway, Suite 360 Boca Raton, Florida 33431 (561) 287-5599 (phone) (561) 287-8589 (fa By: Ronald M. Gaché, Esq. Florida Bar No. 699306 rgache@logs.com Scott A. Simon, Esq. Florida Bar No. 0088676 ssimon@logs.comIN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT TAT AAIN EADY DATA DDACU CATINTY ETADTNA IN AND CUR DALI DEN UU, rune CIRCUIT CIVIL DIVISION: AD CASE NO.: 50-2017-CA-013348-XXXX-MB 6654 NW 27 AVENUE LLC, a Florida Limited Liability Company, Flam, vs. PINCUS CAPITAL LLC, a Delaware Limited Liability Company, and MARK BENUN, an Individual, Defendant(s). / ORDER SETTING NON-JURY TRIAL AND 1. SCHEDULING This action is set for Non-Jury Trial on the eight week calendar sometime between OCTOBER 21, 2019 and DECEMBER 20, 2019. CALENDAR CALL IS SET FOR OCTOBER 11, 2019 AT 0830 AM IN COURTROOM 9A, PALM BEACH COUNTY COURTHOUSE, 205 N. DIXIE HIGHWAY, WEST PALM BEACH, FL 33401. APPEARANCE AT CALENDAR CALL IS REQUIRED. TELEPHONE APPEARANCES ARE NOT PERMITTED AT CALENDAR CALL. The Court has reserved TWO (2) DAYS for the trial of this cause. Il. UNIFORM PRETRIAL PROCEDURE A. On the last business day no later than 50 DAYS PRIOR TO CALENDAR CALL, the parties shall exchange lists of all trial exhibits, names and addresses of all trial witnesses, and names and addresses of all expert witnesses. On the last business dav no later than 40 DAYS PRIOR TO CALENDAR CALL, the parties shall exchange lists of names and addresses of all rebuttal witnesses. C. In addition to names and addresses of each expert retained to formulate an expert opinion with regard to this cause, both on the initial listing and on rebuttal, the parties shall provide: w 1. the subject matter about which the expert is expected to testify; 2, the substance of the facts and oninions to which the expert is expected to testify; 3. asummary of the grounds for each opinion; EXHIBIT Page 1 of 6 H fjCase No. 50-2017-CA-0 13348-XXXX-MB Inve artis 4. acopy of any written reports issued by the expert regarding this case; 5. aGOpy Of tie expert's Cumiculum vitas. D. On the last business day no later than 30 DAYS PRIOR TO CALENDAR CALL, the parties shall confer and: 1. discuss settlement; 2. simplify the issues and stipulate, in writing, as to as many facts and issues as naceihla: possi, 3. prepare a Pre-Trial Stipulation in accordance with paragraph E; and 4. list all objections to trial exhibits. E. PRETRIAL STIPULATIONS MUST BE FILED. It shall be the duty of counsel for the Plaintiff to see that the Pre-Trial Stipulation is drawn, executed by counsel for all parties, and filed with the Clerk no later than20 DAYS PRIOR TO CALENDAR CALL. UNILATERAL PRETRIAL STATEMENTS ARE DISALLOWED, UNLESS APPROVED BY THE COURT, AFTER NOTICE AND HEARING SHOWING GOOD CAUSE. Counsel for all parties are charged with good faith cooperation in this regard. The Pre-Trial Stipulation shall contain in separately numbered paragraphs: 1, alist of all pending motions, if any. The pretrial motion deadline in this case has expired, with the exception of motions in limine 2. stipulated facts which require no proof at trial which may be read to the trier of fact; 3. astatement of all issues of fact for determination at trial; 4. each party's numbered list of trial exhibits with specific objections, if any, to schedules attached to the Stipulation; 5. each party's numbered list of trial witnesses with addresses (including all known rebuttal witnesses); the list of witnesses shall be on separate schedules attached to the Stipulation; 6. astatement of estimated trial time; 7. names of attomeys to try case. F. FILING OF PRE-TRIAL STIPULATION. Failure to file the Pre-Trial Stipulation or a Court Approved Unilateral Stipulation as above provided may result in the case being stricken from the Court's calendar at its sounding or other sanctions. G. ADDITIONAL EXHIBITS, WITNESSES OR OBJECTIONS. At trial, the parties shall be strictly limited to exhibits and witnesses disclosed and objections reserved on the schedules attached to the Pre-Trial Stipulation prepared in accordance with paragraphs D and E, absent agreement specifically stated in the Pre-Trial Stipulation or order of the Court upon good cause shown. Failure to Page 2 of 6Case No. 50-2017-CA-013348-XXXX-MB Bo fa 5 reserve objections Sonstituiss a waiver. A party desiring to use an exhibit or witness Ate Lanvin anes uennant tn nnenaeank TD) chall immadiataly discovered alter Counsel have Confemed puisuait (6 paragiapn O Sau imfwciawsy furnish the Court and other counsel with a description of the exhibit or with the witness’ name and address and the expected subject matter of the witness' testimony, together with the reason for the late discovery of the exhibit or witness. Use of the exhibit or witness may be allowed by the Court for good cause shown or to prevent manifest injustice. DPE TDIAT CANTEDENOT Noa neo_teial aanfaranna niwonant ta Fla D Civ D 2 2A CUE NN ie INU Prem Uial UUMMUICLUS PUuloUal LU Lads ake We ae 1200 is set by the Court on its own motion. If a pre-trial conference is set upon motion of a party, counsel shall meet and prepare a stipulation pursuant to paragraphs D and E and file the stipulation no later thanS DAYS BEFORE THE CONFERENCE. Failure to request a pre-trial conference in a timely fashion constitutes a waiver of the notice of requirement of Rule 1.200. TINTOTTE QUESTIONS OTT AW Dring ta nalendar call enimcel far the nartiac . UNA Ua QUE REUUN UE aur. 2 IO, WO CalulluG: Vall, COWS! AGL ue paLewS are directed to exchange and simultaneously submit to the Court appropriate memoranda with citations to legal authority in support of any unique legal questions which may reasonably be anticipated to arise during the trial. . MODIFICATION TO UNIFORM PRE-TRIAL PROCEDURE. Upon written stipulation of the parties filed with the court, the Pre-Trial Procedure, except for jtame TIDE inalncive mau ha modified in acanrdanca with the nartiac! ctinnlatian RODD awa, UAUoIVe, lay Oe GGuIVG ME @UCUluauOY Wi Wie paluwe GupuEu sy, except to the extent that the stipulation may interfere with the Court's scheduling of the matter for trial or hinder the orderly progress of the trial. PRE-MARKING EXHIBITS. BEFORE TRIAL, each party shall contact the clerk for pre-marking instructions (56 1) 355-2986. DEFUSIIION DESIGNALIONS. No laier ian CALENDAR CALL, each party shall serve his, her, or its designation of depositions, or portions of depositions, each intends to offer as testimony in his, her or its case in chief. No later than10 DAYS PRIOR TO CALENDAR CALL, each opposing party shall serve his, her, or its counter (or fairness") designations to portions of depositions designated, together with objections to the depositions, or portions thereof, originally designated. No later than calendar call, each party chall carve hic her ar ite nhiestinne tn eamnter decianatinne carved hy an annncing Sita SOIVe ans, mer CY nS Cojecucus 1 CCUmeT Gooigmaacns Somves oy an Cppcsine: party. . REQUIRED PRE-CALENDAR CALL MEETING. No later than FIVE DAYS. PRIOR TO CALENDAR CALL, counsel for the parties are required to meet and exchange all pre-marked exhibits and demonstratives that will be used at trial. I. MEDIATION Page 3 of 6Case No. 50-20 17-CA-013348-XXXX-MB A. All parties are required to participate in mediation. 1, The appearance of counsel who will try the case and representatives of each party with full authority to enter into a complete compromise and settlement is mandatory. If insurance is involved, an adjuster with authority up to the policy limits or the most recent demand, whichever is lower, shall attend. 2. Atleast ONE WEEK BEFORE THE CONFERENCE, all parties shall file with the mediator a brief, written summary of the case containing a list of igsues as to each narty. If an attorney or party filing the summary wishes its content to remain confidential, he/she must advise the mediator in writing when the report is filed. 3. All discussions, representations, and statements made at the mediation conference shall be privileged consistent with Florida Statutes sections 44.102 and 90.408. 4. The mediator has no power to compel or enforce a settlement agreement. If a settlement is reached, it shall be the responsibility of the attorneys or parties to reduce the agreement to writing and to comply with Florida Rule of Civil Procedure 1.730(b), unless waived. B. The Plaintiff's attorney shall be responsible for scheduling mediation. The parties should agree ona mediator. If they are unable to agree, any party may apply to the Court for appointment of a mediator in conformity with Rule 1.720 (f), Fla. R. Civ. P. The lead attomey or party shall file and serve on all parties and the mediator a Notice of Mediation giving the time, place, and date of the mediation and the mediators name. The mediator shall be paid $175.00 per hour, unless otherwise agreed by the parties. C. Completion of mediation prior to calendar call is a prerequisite to trial. If mediation is not conducted, or if a party fails to participate in mediation, the case, at the Court's discretion, may be stricken from the trial calendar, pleadings may be stricken, and other sanctions may be imposed. D. Any party opposing mediation may proceed under Florida Rule of Civil Procedure 1.700(). IV. NONCOMPLIANCE NONCOMPLIANCE WITH ANY PORTION OF THIS ORDER MAY RESULT IN THE STRIKING OF THE CASE, WITNESSES, OR EXHIBITS, OR IMPOSITION OF SUCH OTHER SANCTIONS AS ARE JUST. NOTE: In accordance with the 15th Judicial Circuit’s Administrative Order 2.310- 4/13, please ensure that primary and secondary email addresses are registered with Court Administration at www.15thcircuit.com/onlineservices. The filing of an email designation with the Clerk’s Office is NOT a registration with Court Administration al judicial e-service of orders. Ce Page 4 of 6Case No. 50-2017-CA-013348-XXXX-MB In accordance with Administrative Order 2.311-2/13, when an attomey is no longer nL ed a et lene ment COUMSE! O1 TECOTU Of @ Case, ue auoiiey muse wedate hin ae hee neimans and Upuate ius OF uer pinay anu secondary email addresses with the Clerk of Court. (See exhibits attached to A.O. 2311) DONE AND ORDERED in West Palm Beach, Palm Beach County, Florida, this 23rd day of July, 2019. COPIES TO: 6654 NW 27 AVENUE LLC ANDREW ELLIOTT KATHERINE C. NUCKOLLS RONALD M. GACHE UNKNOWN PARTIES IN POSSESSION MARK BENUN PINCUS CAPITAL LLC voaspaasoocr ye sof gay oe Ja @RZGoodman::Judgo 50-2017-CA-013348-XXXX-MB 07/23/2019 Jaimie R. Goodman No Address Available No Address Available 621 N.W.53RD STREET SUITE 300 RANDALL K ROGERS & ASSOC BOCA RATON, FL 33487 2424 N FEDERAL HWY SUITE 360 BOCA RATON, FL33431 No Address Available 6654 NW 27TH AVENUE BOCA RATON, FL 33496 C/O MARK BENUN 466A WWI AIT AUENTTIO UUST NW 2/442 AVGINUG BOCA RATON, FL 33496 Page 5 of 6 aelliott@randallkroger.com marie@randallkroger.com knuckolls@randallkroger.com knuckolls@randallkroger.com RGACHE@LOGS.COM ssimon@logs.com jcosner@logs.com markmbenun@gmuil.comCase No. 50-20 17-CA-0 13348-XXXX-MB This notice is provided pursuant to Administrative Order No. 2.207 “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 Tammy Anton, Americans with Disabilities Act Coordinator, Palm Beach County Courthouse, 205 North Dixie Highway West Palm Beach, Florida 33401; telephone number (561) 355-4380 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.” “Si usted es unapersona_minusvdlida que necesita algun acomodamiento nara noder narticinar en este nrocedimiento, usted tiene derecho, sin tener gastos propios, a que se le provea cierta ayuda. Tenga la amabilidad de ponerse en contacto con Tammy Anton, 205 N. Dixie Highway, West Palm Beach, Florida 33401; teléfono numero (561) 355- 4380, por lo menos 7 dias antes de la cita fijada para su comparecencia en los tribunales, o inmediatamente después de recibir esta notificacién si el tiempo antes de la comparecencia que se ha programado es menos de 7 dias; si usted tiene discapacitacién del ofdo o de la voz, llame al 711.” “Si ou se yon moun ki enfim ki bezwen akomodasyon pou w ka patisipe nan pwosedi sa, ou kalifye san ou pa gen okenn lajan pou w peye, gen pwovizyon pou jwen kék éd. Tanpri kontakte Tammy Anton, kdddonaté pwogram Lwa pou ameriken ki Enfim yo nan Tribinal Konte Palm Beach la ki nan 205 North Dixie Highway, West Palm Beach, Florida 33401; telefén li se (561) 355-4380 nan 7 jou anvan dat ou gen randevou pou parét nan tribinal la, oubyen imedyatman apre ou fin resevwa konvokasyon an si lé ou gen pou w parét nan tribinal la mwens ke 7 jou; si ou gen pwoblém pou w tande oubyen pale, rele 711.” Page 6 of 6