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Filing # 66739622 E-Filed 01/19/2018 10:02:35 AM
IN THE CIRCUIT COURT OF THE 17th
JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO: COCE-15-026983
FLORIDA PENINSULA INSURANCE
COMPANY,
Plaintiff,
vs.
RESTORATION XPERTS, INC.,
Defendant.
/
PLAINTIFF, FLORIDA PENINSULA INSURANCE COMPANY’S,
AGREED MOTION FOR EXTENSION OF TIME TO COMPLY WITH COURT ORDER(S)
DATED DECEMBER 01, 2017 & DECEMBER 4, 2017
COMES NOW Plaintiff, FLORIDA PENINSULA INSURANCE COMPANY, and hereby files
its Motion for Extension of time to comply with Court Order(s) dated December 1, 2017 and December 4,
2017, and as grounds thereof states as follows:
1 This Court entered an Order on December 1, 2017 ordering that the parties attend a global
mediation/ settlement conference within sixty (60) days of the December 1, 2017 order. Attached as Exhibit
“4”,
2. Pursuant to the Court’s order, mediation is to be completed within sixty (60) days of the
December 1, 2017 Order, as such, the mediation was required to be completed by January 30, 2018 in
compliance with said order.
3 Notably, the December 1, 2017 Order also requires, in the event no settlement is reached
at mediation for both parties to respond to all outstanding discovery within thirty (30) days from the date
of said mediation.
4 Thereafter, on December 4, 2017, this Court sua sponte entered an order requiring parties
to submit to the Court a stipulation designating a Mediator. Attached as Exhibit “B”.
*** FILED: BROWARD COUNTY. FL BRENDA D. FORMAN, CLERK 1/19/2018 10:02:35 AM.****
5 Pursuant to the Court’s December 4, 2017 order, a stipulation was required to have been
submitted by December 19, 2017.
6 The undersigned and Plaintiff's Counsel have been in communication and intend on
mediating in good faith in an effort to resolve this matter prior to or at mediation.
7. Both sides are currently waiting for documents that are material for an effective mediation
to occur, as such, Plaintiff, Florida Peninsula Insurance respectfully requests an additional sixty (60) days
from the date the subject order to attend mediation, in order to provide both sides with ample time to obtain
and exchange the material documents referenced above.
8 Defendant’s Counsel has been consulted and consents to the relief requested below.
9 This Motion is not filed for purposes of delay or other improper purposes and no party will
be prejudice by the granting of this Motion.
WHEREFORE, Plaintiff, FLORIDA PENINSULA INSURANCE CORPORATION,
respectfully requests that this Honorable Court grant its Motion for Extension of Time to Comply with
Court Order(s) dated December 1, 2017 and December 4, 2017, and enter an Order giving the Plaintiff and
Defendant thirty (30) days from said order to stipulate as to the designation of a mediator, sixty (60) days
from the date of the said order to attend a Global Mediation/ Settlement conference, and for such other
relief this Court deems just and proper.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on January 18", 2018, this document was filed using the Florida
Courts E-Filing Portal and in compliance with Fla. R. Jud. Admin. 2.516 to: PETER B.
WEINTRAUB, ESQ., WEINTRAUB & WEINTRAUB, P.A., 2700 North Military Trail, Suite
355, Boca Raton, FL 33431, services@weintraublawfirm.com; pbw@weintraublawfirm.com.
Respectfully submitted,
KELLEY KRONENBERG
Counsel for Plaintiff
1475 Centrepark Boulevard, Suite 275
West Palm Beach, FL 33401
Telephone: (561) 684-5956
Facsimile: (561) 684-5753
BY: /s/ Brandon J Weitzman
Brandon J. Weitzman, Esq.
Florida Bar No.: 109316
bweitzman@kelleykronenberg.com
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DONE AND ORDERED in Chambers, at Po? OUsand County, Florida.
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ATRUE COPY
ALL PARTIES MUST READ.CAREFULLY
FULL COMPLIANCE IS MANDATORY!
IN THE COUNTY COURT IN AND
FOR BROWARD COUNTY, FLORIDA
FLORIDA PENINSULA
INSURANCE COMPANY, CASE NO. 15-26983 COCE 54
Plaintiff,
JUDGE: FLORENCE TAYLOR BARNER
Vv.
ORDER SETTING PRETRIAL
RESTORATION XPERTS, INC DEADLINES AND RELATED
REQUIREMENTS
Defendant.
/
PRETRIAL CONFERENCE: APRIL 6, 2018 @ 9:30 AM
201 SE 6™ Street, Room 13156
Fort Lauderdale, FL 33301
CALENDAR CALL APRIL 27, 2018 @ 9:30 AM
TRIAL PERIOD: MAY 7, 2018 @ 9:30 AM (2 Week Trial Period)
NO CONTINUANCES will be granted without prior written motion and Order.
BY ORDER OF THE COURT the following requirements are imposed on all
parties:
1 REQUIREMENTS OF PRETRIAL. ORDER CANNOT BE WAIVED BY
STIPULATION.
DISCOVERY must be completed no later than 90: days from the date of this
Order.
EXPERT WITNESSES names and .addresses shall be disclosed by the
EXHIBIT
Plaintiff no later than 30 days from the date of this Order,
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no later than 40 days from the date of this Order. No continuances will be
granted because expert witnesses are unavailable for trial, because their
testimony may be preserved by deposition.
RETRIAL STIPULATION REQUIREMENTS
A JOINT PRETRIAL STIPULATION must be filed (a copy delivered to the
Court) by all counsel of record no later than 100 days from the date of this
Order. THE COURT DOES NOT ACCEPT UNILATERAL PRETRIAL
STIPULATIONS. It is the responsibility of all parties to cooperate in good
faith in preparation of the Joint Pretrial Stipulation FAILURE TO
COMPLY WITH THIS REQUIREMENT WILL RESULT IN
SANCTIONS. Any Unilateral Pretrial Stipulation filed will be sua sponte
STRICKEN and sanctions imposed on the party filing it. Failure to file a
complete Joint Pretrial Stipulation, including witness lists, exhibit lists, jury
instructions and verdict forms, will-result in postponement of the trial, and/or
sanctions including dismissal and/or: default. If either party delays the
preparation of the Joint Stipulation, a motion describing the delay must be
immediately filed with the Clerk of Court and brought to the Court’s
attention prior to the deadline.
The Stipulation must be a single, unified submission and must contain the
following information in separately numbered.paragraphs or sections
a. Concise, impartial statement of the facts of case
b List of any stipulated facts requiring no proof at trial
Statement of disputed issues of law and fact to be tried.
Exhibits shall be listed by number -and specific description on a
separate schedule attached to the stipulation. Generic descriptions of
exhibits will be stricken. Any evidentiary objections to any exhibit of
an opposing party shall be delineated with specificity.
Witnesses’, including “rebuttal” or “"impeachment" witnesses, names
and addresses shall be listed by name numerically on a separate
schedule attached to the stipulation. Witnesses MUST be listed by
actual NAME of the witness, and not designation (i.e., use of such
designations as “Corporate Representative,” “Records Custodian,”
2
and “Adjuster” standing alone is insufficient). All expert witnesses
shall be so designated. Only those witnesses listed by NAME shall be
permitted to testify at trial
Agreed jury instructions and disputed jury instructions must be filed
as part of the pretrial stipulation Disputed instructions shall be
identified as to the party that proposed the instruction and copies of
any statutory citations and/or case law pertaining to the proposed
instructions.
Agreed verdict form or disputed verdict forms must be filed as part of
the pretrial stipulation.
Failure to file a complete unified Pretrial Stipulation, including jury
instructions and verdict forms, will result in sanctions including dismissal
and/or default.
At trial the parties shall be STRICTLY. LIMITED to. exhibits and
witnesses disclosed and objections reserved in.the pretrial stipulation. A
party desiring to use an exhibit, examination or. test result, or witness
discovered after the deadlines set forth in this Order must immediately, upon
discovery, notify all other counsel and the Court by written motion. Use of
the exhibit, examination or test result, or witness may be allowed for good
cause shown or to.prevent manifest injustice.
MEDIATION AND ARBITRATION
Applicable if checked): MEDIATION: Simultaneously herewith, the
parties are being referred to mandatory: mediation, which shall be completed
within 105 days of the date of this.Order.
(QC Applicable if checked): ARBITRATION: Simultaneously. herewith, the
parties are being referred to mandatory non-binding arbitration, which shall
be completed within 120 days of the date of this Order.
FAILURE TO MEDIATE OR ARBITRATE IN GOOD FAITH OR TO
ATTEND THE PRETRIAL CONFERENCE MAY RESULT IN
DISMISSAL OR DEFAULT.
~
REQUIREMENTS RELATED TO PRETRIAL CONFERENCE
IF A PRETRIAL CONFERENCE DATE HAS BEEN SET IN THIS ORDER
ABOVE, THE FOLLOWING PROVISIONS WILL APPLY:
10. MOTIONS FOR SUMMARY JUDGMENT will NOT be heard at the
pretrial conference or at the time of trial but, must be heard no later than ten
(10) days prior to the pretrial conference.
11 Prior to the pretrial conference, the-Court must have ruled on all motions
previously filed, with the exception of motions in limine. In the absence of
good cause for failure to set such motion for hearing, the motion is subject to
being deemed waived,
12 Motions in Limine must be heard prior to the date of trial as set by the Court.
13 ALL DAUBERT related issues (Fla. Stat. §90.702) shall be noticed and
heard — or agreed to by the parties = no later-than two weeks before the
pretrial conference. FAILURE TO DO SO SHALL CONSTITUTE A
WAIVER AT TRIAL “OR ANY DAUBERT-RELATED EVIDENCE
OBJECTION OR ISSUE.
14 ALL EXHIBITS MUST BE BROUGHT TO THE PRE-TRIAL
CONFERENCE FOR PRE-MARKING. Any exhibit either party desires to
use at trial exceeding four (4) pages in length must be consecutively
paginated (by Bates-stamp method or otherwise). Any exhibit not meeting
this requirement will not be allowed for use at-trial.
15 At the time of the pretrial conference, the parties shall further be prepared to
discuss all the items set forth in Fla. R. Civ. P. 1.200(b).
DONE AND ORDERED in chamber: roward County, Florida on this 4%
Lh.
day of December, 2017.
WIORENCE TAYLOR B R
COUNTY COURT JUD
Copies Furnished:
Plaintiff Counsel - John Riordan, Esq..
Defendant Counsel — Peter B. Weintraub, Esq.
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 the ADA. Coordinator, Room
20140, 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.
Preview
Filing # 66739622 E-Filed 01/19/2018 10:02:35 AM IN THE CIRCUIT COURT OF THE 17th JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA CASE NO: COCE-15-026983 FLORIDA PENINSULA INSURANCE COMPANY, Plaintiff, vs. RESTORATION XPERTS, INC., Defendant. / PLAINTIFF, FLORIDA PENINSULA INSURANCE COMPANY’S, AGREED MOTION FOR EXTENSION OF TIME TO COMPLY WITH COURT ORDER(S) DATED DECEMBER 01, 2017 & DECEMBER 4, 2017 COMES NOW Plaintiff, FLORIDA PENINSULA INSURANCE COMPANY, and hereby files its Motion for Extension of time to comply with Court Order(s) dated December 1, 2017 and December 4, 2017, and as grounds thereof states as follows: 1 This Court entered an Order on December 1, 2017 ordering that the parties attend a global mediation/ settlement conference within sixty (60) days of the December 1, 2017 order. Attached as Exhibit “4”, 2. Pursuant to the Court’s order, mediation is to be completed within sixty (60) days of the December 1, 2017 Order, as such, the mediation was required to be completed by January 30, 2018 in compliance with said order. 3 Notably, the December 1, 2017 Order also requires, in the event no settlement is reached at mediation for both parties to respond to all outstanding discovery within thirty (30) days from the date of said mediation. 4 Thereafter, on December 4, 2017, this Court sua sponte entered an order requiring parties to submit to the Court a stipulation designating a Mediator. Attached as Exhibit “B”. *** FILED: BROWARD COUNTY. FL BRENDA D. FORMAN, CLERK 1/19/2018 10:02:35 AM.**** 5 Pursuant to the Court’s December 4, 2017 order, a stipulation was required to have been submitted by December 19, 2017. 6 The undersigned and Plaintiff's Counsel have been in communication and intend on mediating in good faith in an effort to resolve this matter prior to or at mediation. 7. Both sides are currently waiting for documents that are material for an effective mediation to occur, as such, Plaintiff, Florida Peninsula Insurance respectfully requests an additional sixty (60) days from the date the subject order to attend mediation, in order to provide both sides with ample time to obtain and exchange the material documents referenced above. 8 Defendant’s Counsel has been consulted and consents to the relief requested below. 9 This Motion is not filed for purposes of delay or other improper purposes and no party will be prejudice by the granting of this Motion. WHEREFORE, Plaintiff, FLORIDA PENINSULA INSURANCE CORPORATION, respectfully requests that this Honorable Court grant its Motion for Extension of Time to Comply with Court Order(s) dated December 1, 2017 and December 4, 2017, and enter an Order giving the Plaintiff and Defendant thirty (30) days from said order to stipulate as to the designation of a mediator, sixty (60) days from the date of the said order to attend a Global Mediation/ Settlement conference, and for such other relief this Court deems just and proper. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on January 18", 2018, this document was filed using the Florida Courts E-Filing Portal and in compliance with Fla. R. Jud. Admin. 2.516 to: PETER B. WEINTRAUB, ESQ., WEINTRAUB & WEINTRAUB, P.A., 2700 North Military Trail, Suite 355, Boca Raton, FL 33431, services@weintraublawfirm.com; pbw@weintraublawfirm.com. Respectfully submitted, KELLEY KRONENBERG Counsel for Plaintiff 1475 Centrepark Boulevard, Suite 275 West Palm Beach, FL 33401 Telephone: (561) 684-5956 Facsimile: (561) 684-5753 BY: /s/ Brandon J Weitzman Brandon J. Weitzman, Esq. Florida Bar No.: 109316 bweitzman@kelleykronenberg.com C We IN THE GiRGUEE COURT OF THE tit JUDICIAL CIRCUIT, IN AND FOR ha OK EY COUNTY, FLORIDA £ larva hy Ve oA ASR Case No. \ En oo $3 _-¥\ UVEE \ MU VS 0 (CE Stow 1X4 Pets - LAC ORDER & Ne Oe tS f a an fan THIS CAUSE having come on to be heard on Defendant's/Plaintiff's GC KaryAy Oi Gers J ~ Case jhe AA CL, ih if 4 nin Motion Deh Sica EAB mat and the Court having heard argument of counsel, and being otherwise advised in the Premises, it is hereupon, ORDERED AND ADJUDGED that said Motion be, and the same is hereby i We 1A. me 6 > yeeay te VS a Co Qs foto had yt Dek Ay 2 G2 Dyk WR ay ll ne In feoua ha a Oe yee. Asad 4 Lat this Jf, Ak 2 5 AGA Yok Sig tat © Saad al VY it IK HS 5. it a Boh t CAChed ot be do wy yh Vue boy Vehol iG A DONE AND ORDERED in Chambers, at Po? OUsand County, Florida. this day of OO, WhO} rD parc Oo a ah es S My fe =; 2 lta vk & Ca o wey Worn TA “tf KO Judge De ut tck Oy ila on . on Co Uv US i pA Xt v Copies furni ed SNe cx be ue ch OY JUDGE FLORENCE T. BARNER 3 G a IBIT “the WY h ek DEC 64 20 Car BOG Oy [18 ATRUE COPY ALL PARTIES MUST READ.CAREFULLY FULL COMPLIANCE IS MANDATORY! IN THE COUNTY COURT IN AND FOR BROWARD COUNTY, FLORIDA FLORIDA PENINSULA INSURANCE COMPANY, CASE NO. 15-26983 COCE 54 Plaintiff, JUDGE: FLORENCE TAYLOR BARNER Vv. ORDER SETTING PRETRIAL RESTORATION XPERTS, INC DEADLINES AND RELATED REQUIREMENTS Defendant. / PRETRIAL CONFERENCE: APRIL 6, 2018 @ 9:30 AM 201 SE 6™ Street, Room 13156 Fort Lauderdale, FL 33301 CALENDAR CALL APRIL 27, 2018 @ 9:30 AM TRIAL PERIOD: MAY 7, 2018 @ 9:30 AM (2 Week Trial Period) NO CONTINUANCES will be granted without prior written motion and Order. BY ORDER OF THE COURT the following requirements are imposed on all parties: 1 REQUIREMENTS OF PRETRIAL. ORDER CANNOT BE WAIVED BY STIPULATION. DISCOVERY must be completed no later than 90: days from the date of this Order. EXPERT WITNESSES names and .addresses shall be disclosed by the EXHIBIT Plaintiff no later than 30 days from the date of this Order, 1 RQ cEIVE UB 5. 2017 H NY) no later than 40 days from the date of this Order. No continuances will be granted because expert witnesses are unavailable for trial, because their testimony may be preserved by deposition. RETRIAL STIPULATION REQUIREMENTS A JOINT PRETRIAL STIPULATION must be filed (a copy delivered to the Court) by all counsel of record no later than 100 days from the date of this Order. THE COURT DOES NOT ACCEPT UNILATERAL PRETRIAL STIPULATIONS. It is the responsibility of all parties to cooperate in good faith in preparation of the Joint Pretrial Stipulation FAILURE TO COMPLY WITH THIS REQUIREMENT WILL RESULT IN SANCTIONS. Any Unilateral Pretrial Stipulation filed will be sua sponte STRICKEN and sanctions imposed on the party filing it. Failure to file a complete Joint Pretrial Stipulation, including witness lists, exhibit lists, jury instructions and verdict forms, will-result in postponement of the trial, and/or sanctions including dismissal and/or: default. If either party delays the preparation of the Joint Stipulation, a motion describing the delay must be immediately filed with the Clerk of Court and brought to the Court’s attention prior to the deadline. The Stipulation must be a single, unified submission and must contain the following information in separately numbered.paragraphs or sections a. Concise, impartial statement of the facts of case b List of any stipulated facts requiring no proof at trial Statement of disputed issues of law and fact to be tried. Exhibits shall be listed by number -and specific description on a separate schedule attached to the stipulation. Generic descriptions of exhibits will be stricken. Any evidentiary objections to any exhibit of an opposing party shall be delineated with specificity. Witnesses’, including “rebuttal” or “"impeachment" witnesses, names and addresses shall be listed by name numerically on a separate schedule attached to the stipulation. Witnesses MUST be listed by actual NAME of the witness, and not designation (i.e., use of such designations as “Corporate Representative,” “Records Custodian,” 2 and “Adjuster” standing alone is insufficient). All expert witnesses shall be so designated. Only those witnesses listed by NAME shall be permitted to testify at trial Agreed jury instructions and disputed jury instructions must be filed as part of the pretrial stipulation Disputed instructions shall be identified as to the party that proposed the instruction and copies of any statutory citations and/or case law pertaining to the proposed instructions. Agreed verdict form or disputed verdict forms must be filed as part of the pretrial stipulation. Failure to file a complete unified Pretrial Stipulation, including jury instructions and verdict forms, will result in sanctions including dismissal and/or default. At trial the parties shall be STRICTLY. LIMITED to. exhibits and witnesses disclosed and objections reserved in.the pretrial stipulation. A party desiring to use an exhibit, examination or. test result, or witness discovered after the deadlines set forth in this Order must immediately, upon discovery, notify all other counsel and the Court by written motion. Use of the exhibit, examination or test result, or witness may be allowed for good cause shown or to.prevent manifest injustice. MEDIATION AND ARBITRATION Applicable if checked): MEDIATION: Simultaneously herewith, the parties are being referred to mandatory: mediation, which shall be completed within 105 days of the date of this.Order. (QC Applicable if checked): ARBITRATION: Simultaneously. herewith, the parties are being referred to mandatory non-binding arbitration, which shall be completed within 120 days of the date of this Order. FAILURE TO MEDIATE OR ARBITRATE IN GOOD FAITH OR TO ATTEND THE PRETRIAL CONFERENCE MAY RESULT IN DISMISSAL OR DEFAULT. ~ REQUIREMENTS RELATED TO PRETRIAL CONFERENCE IF A PRETRIAL CONFERENCE DATE HAS BEEN SET IN THIS ORDER ABOVE, THE FOLLOWING PROVISIONS WILL APPLY: 10. MOTIONS FOR SUMMARY JUDGMENT will NOT be heard at the pretrial conference or at the time of trial but, must be heard no later than ten (10) days prior to the pretrial conference. 11 Prior to the pretrial conference, the-Court must have ruled on all motions previously filed, with the exception of motions in limine. In the absence of good cause for failure to set such motion for hearing, the motion is subject to being deemed waived, 12 Motions in Limine must be heard prior to the date of trial as set by the Court. 13 ALL DAUBERT related issues (Fla. Stat. §90.702) shall be noticed and heard — or agreed to by the parties = no later-than two weeks before the pretrial conference. FAILURE TO DO SO SHALL CONSTITUTE A WAIVER AT TRIAL “OR ANY DAUBERT-RELATED EVIDENCE OBJECTION OR ISSUE. 14 ALL EXHIBITS MUST BE BROUGHT TO THE PRE-TRIAL CONFERENCE FOR PRE-MARKING. Any exhibit either party desires to use at trial exceeding four (4) pages in length must be consecutively paginated (by Bates-stamp method or otherwise). Any exhibit not meeting this requirement will not be allowed for use at-trial. 15 At the time of the pretrial conference, the parties shall further be prepared to discuss all the items set forth in Fla. R. Civ. P. 1.200(b). DONE AND ORDERED in chamber: roward County, Florida on this 4% Lh. day of December, 2017. WIORENCE TAYLOR B R COUNTY COURT JUD Copies Furnished: Plaintiff Counsel - John Riordan, Esq.. Defendant Counsel — Peter B. Weintraub, Esq. 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 the ADA. Coordinator, Room 20140, 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.