On April 05, 2017 a
Order
was filed
involving a dispute between
U S Bank National Association,
and
Ewing, Brandi Marshell,
Miller,
Patterson, Brandi M,
Miller, Brandi Marshell,
Miller, Cristina,
Miller, Danielle Nicole,
Miller, David Edwin,
for RPMF -Homestead ($50,001 - $249,999)
in the District Court of Miami-Dade County.
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SCORPION HOLDING, LLC,
vs.
Plaintiffs,
FERN STREET PROPERTIES, LLC, et al.,
Defendants.
IN THE CIRCUIT COURT OF THE
ELEVENTH JUDICIAL CIRCUIT
IN AND FOR MIAMI-DADE
COUNTY FLORIDA
Complex Business Litigation Section
Case No. 2014-8197 CA-43
CASE MANAGEMENT ORDER we
Case Management Schedule
SPECIAL SET JURY/ October 23, 2017
NON-JURY TRIAL DATE AND TIME at 9:00 AM
FINAL CASE MANAGEMENT NIA
CONFERENCE DATE
FINAL PRE-TRIAL CONFERENCE DATE
September 29, 2017
at 9:30 AM
NUMBER OF TRIAL DAYS REQUESTED 5 DaysTHIS CAUSE came before the Court for a Case Management Conference
pursuant to the Court’s notice and order. All counsel and the parties were present or by
telephone. After reviewing the Joint Case Management Report, with the stipulation of the
Parties to the trial date set forth below and being otherwise fully informed, it is
ORDERED AND ADJUDGED as follows: The parties are directed to comply in all
respects with the Complex Business Litigation Rules located at: www.jud11_.flcourts.org.
Courtesy copies of all motions and memoranda shall be submitted as
directed on each judge’s web page.
Unless later modified by Order of this Court, the attached Case Management
Schedule of shall control the management and proceedings in this case.
The parties are represented by the following who shall be designated “Lead Trial
Counsel”:
For Plaintiff: Cary Lubetsky, Esq., Michael |. Feldman, Esq., and Paul Battista, Esq.
For Defendants: Gonzalo R. Dorta, Esq., Matias R. Dorta, Esq., and Gustavo J. Losa,
Esq.
It is further ordered that the setting of the discovery deadline will not limit any party
from filing summary judgment motions during the period, but any such motions should be
narrowly drawn to address only issues on which discovery has been completed. If there
are still motions pending after the discovery period, the Court will set a briefing schedule
at that time.
In all respects, the presumptive limitations on discovery contained in the Complex
Business Litigation Rules shall apply.Plaintiff shall advise the Court of the precise date of mediation no later than five
(5) days prior. Plaintiff is Ordered to advise the Court, in writing, of the outcome of the
mediation no later than five (5) days following the conclusion of the mediation conference.
Pursuant to Fla. R. Civ. P. 1.201 (b)(3) continuance of the trial will be granted
only upon good cause shown.
In the event any party files a petition for writ of certiorari or a notice of appeal during
the course of the proceeding which would divest this Court of jurisdiction, said party shall
provide the Court with a copy of same in order to advise the Court that such a proceeding
has been commenced, as well as the disposition of same.
DONE AND ORDERED in Chamber at Miami, Miami-Dade County, Florida on
June 20, 2017.
A. BUTCHKO
CIRCUIT JUDGE
Copies emailed to counsel/parties of record
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 Eleventh Judicial Circuit Court’s ADA
Coordinator, Lawson E. Thomas Courthouse Center, 175 NW 1° Ave., Suite 2702,
Miami, FL 33128, Telephone (305) 349-7175; TDD (305) 349-7174, Fax (305) 349-7355
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.CASE MANAGEMENT SCHEDULE
JOINT CASE STATUS REPORT DUE
COMPLIANT WITH FLA. R. CIV. P. 1.201(d)(1-8)
INCLUDING REPORT RE VOLUNTARY INITIAL
DISCLOSURES
N/A
ESI EXCHANGE PROPOSAL (including search
terms, formats, data sources to be searched, etc)
N/A
MOTIONS TO AMEND/ADD PARTIES
N/A
FACT WITNESS DEPOSITIONS/ DISCOVERY
CONCLUDES
October 15, 2017
INITIAL MEDIATION DEADLINE
July or August, 2017
NUMBER OF EXPERTS PER PARTY/SIDE
One
PLAINTIFF/THIRD PARTY PLAINTIFF/CROSS
PLAINTIFF(S) DESIGNATE EXPERTS AND
COMPLY WITH CBL 6.3.
August 15, 2017
DEFENDANT/THIRD PARTY/CROSS
DEFENDANT(S) DESIGNATE EXPERTS AND
COMPLY WITH CBL 6.3
August 25, 2017
REBUTTAL EXPERT DISCLOSURE REPORTS
DUE
September 1, 2017
EXPERT DEPOSITIONS COMPLETED
N/A
DISPOSITIVE MOTIONS FILED
September 9, 2017
DAUBERT/FRYE MOTIONS FILED
September 9, 2017
MOTIONS IN LIMINE FILED
September 9, 2017
FINAL MEDIATION DEADLINE
N/A
JOINT FINAL CASE MANAGEMENT
REPORT DUE
N/A
JOINT FINAL PRETRIAL REPORT DUE
September 29, 2017
FINDINGS OF FACT AND
CONCLUSIONS OF LAW.
N/A
FINAL PRETRIAL CONFERENCE
Including special requests
September 29, 2017 at 9:30 AM
CALENDAR CALL
N/A
Preview
SCORPION HOLDING, LLC, vs. Plaintiffs, FERN STREET PROPERTIES, LLC, et al., Defendants. IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY FLORIDA Complex Business Litigation Section Case No. 2014-8197 CA-43 CASE MANAGEMENT ORDER we Case Management Schedule SPECIAL SET JURY/ October 23, 2017 NON-JURY TRIAL DATE AND TIME at 9:00 AM FINAL CASE MANAGEMENT NIA CONFERENCE DATE FINAL PRE-TRIAL CONFERENCE DATE September 29, 2017 at 9:30 AM NUMBER OF TRIAL DAYS REQUESTED 5 DaysTHIS CAUSE came before the Court for a Case Management Conference pursuant to the Court’s notice and order. All counsel and the parties were present or by telephone. After reviewing the Joint Case Management Report, with the stipulation of the Parties to the trial date set forth below and being otherwise fully informed, it is ORDERED AND ADJUDGED as follows: The parties are directed to comply in all respects with the Complex Business Litigation Rules located at: www.jud11_.flcourts.org. Courtesy copies of all motions and memoranda shall be submitted as directed on each judge’s web page. Unless later modified by Order of this Court, the attached Case Management Schedule of shall control the management and proceedings in this case. The parties are represented by the following who shall be designated “Lead Trial Counsel”: For Plaintiff: Cary Lubetsky, Esq., Michael |. Feldman, Esq., and Paul Battista, Esq. For Defendants: Gonzalo R. Dorta, Esq., Matias R. Dorta, Esq., and Gustavo J. Losa, Esq. It is further ordered that the setting of the discovery deadline will not limit any party from filing summary judgment motions during the period, but any such motions should be narrowly drawn to address only issues on which discovery has been completed. If there are still motions pending after the discovery period, the Court will set a briefing schedule at that time. In all respects, the presumptive limitations on discovery contained in the Complex Business Litigation Rules shall apply.Plaintiff shall advise the Court of the precise date of mediation no later than five (5) days prior. Plaintiff is Ordered to advise the Court, in writing, of the outcome of the mediation no later than five (5) days following the conclusion of the mediation conference. Pursuant to Fla. R. Civ. P. 1.201 (b)(3) continuance of the trial will be granted only upon good cause shown. In the event any party files a petition for writ of certiorari or a notice of appeal during the course of the proceeding which would divest this Court of jurisdiction, said party shall provide the Court with a copy of same in order to advise the Court that such a proceeding has been commenced, as well as the disposition of same. DONE AND ORDERED in Chamber at Miami, Miami-Dade County, Florida on June 20, 2017. A. BUTCHKO CIRCUIT JUDGE Copies emailed to counsel/parties of record 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 Eleventh Judicial Circuit Court’s ADA Coordinator, Lawson E. Thomas Courthouse Center, 175 NW 1° Ave., Suite 2702, Miami, FL 33128, Telephone (305) 349-7175; TDD (305) 349-7174, Fax (305) 349-7355 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.CASE MANAGEMENT SCHEDULE JOINT CASE STATUS REPORT DUE COMPLIANT WITH FLA. R. CIV. P. 1.201(d)(1-8) INCLUDING REPORT RE VOLUNTARY INITIAL DISCLOSURES N/A ESI EXCHANGE PROPOSAL (including search terms, formats, data sources to be searched, etc) N/A MOTIONS TO AMEND/ADD PARTIES N/A FACT WITNESS DEPOSITIONS/ DISCOVERY CONCLUDES October 15, 2017 INITIAL MEDIATION DEADLINE July or August, 2017 NUMBER OF EXPERTS PER PARTY/SIDE One PLAINTIFF/THIRD PARTY PLAINTIFF/CROSS PLAINTIFF(S) DESIGNATE EXPERTS AND COMPLY WITH CBL 6.3. August 15, 2017 DEFENDANT/THIRD PARTY/CROSS DEFENDANT(S) DESIGNATE EXPERTS AND COMPLY WITH CBL 6.3 August 25, 2017 REBUTTAL EXPERT DISCLOSURE REPORTS DUE September 1, 2017 EXPERT DEPOSITIONS COMPLETED N/A DISPOSITIVE MOTIONS FILED September 9, 2017 DAUBERT/FRYE MOTIONS FILED September 9, 2017 MOTIONS IN LIMINE FILED September 9, 2017 FINAL MEDIATION DEADLINE N/A JOINT FINAL CASE MANAGEMENT REPORT DUE N/A JOINT FINAL PRETRIAL REPORT DUE September 29, 2017 FINDINGS OF FACT AND CONCLUSIONS OF LAW. N/A FINAL PRETRIAL CONFERENCE Including special requests September 29, 2017 at 9:30 AM CALENDAR CALL N/A