Preview
Filing # 70336023 E-Filed 04/06/2018 09:57:17 AM
ALL PARTIES MUST READ CAREFULLY
FULL COMPLIANCE IS MANDATORY
IN THE COUNTY COURT IN AND
William Ortega d/6/4 FOR BROWARD COUNTY, FLORIDA
Teopical Lawn and Landscapr
ce pUC ces CASE NO.: COCE_[$-000468 (49)
Plaintifi(s), JUDGE: NINA W. DI PIETRO
Vv.
. UNIFORM ORDER SETTING
Beth Levine ard Dsahelkg Meng PRETRIAL DEADLINES AND
RELATED REQUIREMENTS
Defendant(s).
(Q Applicable if checked); PRETRIAL CONFERENCE:
(O Applicable if checked): CALENDAR CALL:
(0 Applicable if checked): TRIAL PERIOD:
R (If not checked, dates will be provided at a later time.) *
NO CONTINUANCES will be granted for reasons that should have been readily
apparent to counsel when the trial order was received or based upon the
unavailability of expert witnesses since testimony may be preserved by deposition.
Continuances may only be granted based upon a properly filed written motion and
court order granting same. Continuances requested for reasons relating to
failure to follow this Order will not be granted.
BY ORDER OF THE COURT the following requirements are imposed on all
parties:
1. THE REQUIREMENTS OF THIS PRETRIAL ORDER CANNOT BE
WAIVED BY STIPULATION.
Page 1 of S
** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 4/6/2018 9:58:10 AM.****nN
DISCOVERY must be completed no later than ninety (90) days from the
date of this Order.
EXPERT WITNESSES - The names and addresses of expert witnesses
shall be disclosed by the Plaintiff(s) no later than thirty (30) days from the
date of this Order and by the Defendant(s) no later than forty (40) days from
the date of this Order.
PRETRIAL STIPULATION REQUIREMENTS
A JOINT PRETRIAL STIPULATION must be filed Mana. if checked, 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 MAY
RESULT IN SANCTIONS. Any Unilateral Pretrial Stipulation filed will be
sua sponte STRICKEN and may result in the imposition of sanctions on the
filing party. 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 the
Courts and brought to the Court’s attention prior to the deadline.
The Joint Pretrial Stipulation must be a single, unified submission and must
contain the following information in separately numbered paragraphs or
sections:
a. Statement of the Facts: A concise, impartial statement of the facts
of the case.
b. Stipulated Facts: A list of any stipulated facts requiring no proof at
trial.
c. Statements of Disputed Law & Fact: A statement of the disputed
issues of law and fact to be tried.
Page 2 of 5d.
Exhibit Lists: Each party shall separately list all exhibits they intend
to introduce into evidence. Each exhibit shall be listed by number and
contain a description on a separate schedule attached to the joint
pretrial stipulation. Generic descriptions of exhibits will be stricken.
Any evidentiary objections to any listed exhibit of an opposing party
shall be stated in the joint pretrial stipulation and delineated with
specificity. Demonstrative exhibits (e.g., charts, enlargements of
exhibits) to be used at a jury trial must be displayed to all counsel
prior to being shown to the jury.
Witness Lists: Each party shall attach to the joint pretrial stipulation
a list of the names and addresses all witnesses, including “rebuttal”
and “impeachment” witnesses, intended to be called at trial. Witnesses
MUST be listed in alphabetical order by actual name of the witness,
and not designation (i.e., use of such designations as “Corporate
Representative,” “Records Custodian,” 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.
Jury Instructions: If the trial is a jury trial, all agreed jury
instructions and disputed jury instructions must be filed as part of the
joint pretrial stipulation. Disputed jury instructions ghall be identified
as to the party that proposed the instruction(s) (M) and, if checked,
copies of any statutory citations and/or case law pertaining to the
proposed instruction(s) shall be attached).
Verdict Forms: If the trial is a jury trial, an agreed verdict form or
disputed verdict forms must be filed as part of the joint pretrial
stipulation.
Failure to file a complete joint 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 joint 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
Page 3 of 5the exhibit, examination or test result, or witness may be allowed for good
cause shown or to prevent manifest injustice.
MEDIATION AND ARBITRATION
(C 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.
(CO 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
SANCTIONS, INCLUDING DISMISSAL OR DEFAULT.
REQUIREMENTS RELATED TO PRETRIAL CONFERENCE
IF A PRETRIAL oa DATE HAS BEEN SET IN THIS ORDER
ABOVE, OR IF THIS BOX
IS CHECKED, THE FOLLOWING PROVISIONS
WILL APPLY:
10.
ll.
MOTIONS FOR SUMMARY JUDGMEAT will NOT be heard at the
pretrial conference or at the time of trial (M) but, if checked, must be heard
no later than ten (10) days prior to the pretrial conference).
Wf Applicable if checked): 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 notice such motion for
hearing, the motion is subject to being deemed abandoned or waived.
Motions in Limine must be heard at least five (5) days prior to the date of
trial.
ALL DAUBERT related issues (section 90.702, Florida Statutes) shall be
noticed and heard — or agreed to by the parties — no later than two (2) weeks
before the pretrial conference. FAILURE TO DO SO SHALL
Page 4 of 5CONSTITUTE A WAIVER AT TRIAL OF ANY DAUBERT RELATED
EVIDENCE OBJECTION OR ISSUE.
14. ALL EXHIBITS MUST BE BROUGHT TO THE PRETRIAL
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 Florida Rule of Civil Procedure 1.200 (b).
16. 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.
DONE AND ORDERED in Chambers, Fort Lauderdale, Broward County,
Florida on APR 0.6 2018 .
NINA W. DI PIETRO
COUNTY COURT JUDGE
Copies furnished electronically via the e-order portal to:
Plaintiff Counsel
Defendant Counsel
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 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.
Page 5 of SCopies Furnished to:
jayweiss007@yahoo.com
jayweisslaw@gmail.com
FtLauderdaleLegal@allstate.com
Preview
Filing # 70336023 E-Filed 04/06/2018 09:57:17 AM ALL PARTIES MUST READ CAREFULLY FULL COMPLIANCE IS MANDATORY IN THE COUNTY COURT IN AND William Ortega d/6/4 FOR BROWARD COUNTY, FLORIDA Teopical Lawn and Landscapr ce pUC ces CASE NO.: COCE_[$-000468 (49) Plaintifi(s), JUDGE: NINA W. DI PIETRO Vv. . UNIFORM ORDER SETTING Beth Levine ard Dsahelkg Meng PRETRIAL DEADLINES AND RELATED REQUIREMENTS Defendant(s). (Q Applicable if checked); PRETRIAL CONFERENCE: (O Applicable if checked): CALENDAR CALL: (0 Applicable if checked): TRIAL PERIOD: R (If not checked, dates will be provided at a later time.) * NO CONTINUANCES will be granted for reasons that should have been readily apparent to counsel when the trial order was received or based upon the unavailability of expert witnesses since testimony may be preserved by deposition. Continuances may only be granted based upon a properly filed written motion and court order granting same. Continuances requested for reasons relating to failure to follow this Order will not be granted. BY ORDER OF THE COURT the following requirements are imposed on all parties: 1. THE REQUIREMENTS OF THIS PRETRIAL ORDER CANNOT BE WAIVED BY STIPULATION. Page 1 of S ** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 4/6/2018 9:58:10 AM.****nN DISCOVERY must be completed no later than ninety (90) days from the date of this Order. EXPERT WITNESSES - The names and addresses of expert witnesses shall be disclosed by the Plaintiff(s) no later than thirty (30) days from the date of this Order and by the Defendant(s) no later than forty (40) days from the date of this Order. PRETRIAL STIPULATION REQUIREMENTS A JOINT PRETRIAL STIPULATION must be filed Mana. if checked, 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 MAY RESULT IN SANCTIONS. Any Unilateral Pretrial Stipulation filed will be sua sponte STRICKEN and may result in the imposition of sanctions on the filing party. 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 the Courts and brought to the Court’s attention prior to the deadline. The Joint Pretrial Stipulation must be a single, unified submission and must contain the following information in separately numbered paragraphs or sections: a. Statement of the Facts: A concise, impartial statement of the facts of the case. b. Stipulated Facts: A list of any stipulated facts requiring no proof at trial. c. Statements of Disputed Law & Fact: A statement of the disputed issues of law and fact to be tried. Page 2 of 5d. Exhibit Lists: Each party shall separately list all exhibits they intend to introduce into evidence. Each exhibit shall be listed by number and contain a description on a separate schedule attached to the joint pretrial stipulation. Generic descriptions of exhibits will be stricken. Any evidentiary objections to any listed exhibit of an opposing party shall be stated in the joint pretrial stipulation and delineated with specificity. Demonstrative exhibits (e.g., charts, enlargements of exhibits) to be used at a jury trial must be displayed to all counsel prior to being shown to the jury. Witness Lists: Each party shall attach to the joint pretrial stipulation a list of the names and addresses all witnesses, including “rebuttal” and “impeachment” witnesses, intended to be called at trial. Witnesses MUST be listed in alphabetical order by actual name of the witness, and not designation (i.e., use of such designations as “Corporate Representative,” “Records Custodian,” 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. Jury Instructions: If the trial is a jury trial, all agreed jury instructions and disputed jury instructions must be filed as part of the joint pretrial stipulation. Disputed jury instructions ghall be identified as to the party that proposed the instruction(s) (M) and, if checked, copies of any statutory citations and/or case law pertaining to the proposed instruction(s) shall be attached). Verdict Forms: If the trial is a jury trial, an agreed verdict form or disputed verdict forms must be filed as part of the joint pretrial stipulation. Failure to file a complete joint 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 joint 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 Page 3 of 5the exhibit, examination or test result, or witness may be allowed for good cause shown or to prevent manifest injustice. MEDIATION AND ARBITRATION (C 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. (CO 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 SANCTIONS, INCLUDING DISMISSAL OR DEFAULT. REQUIREMENTS RELATED TO PRETRIAL CONFERENCE IF A PRETRIAL oa DATE HAS BEEN SET IN THIS ORDER ABOVE, OR IF THIS BOX IS CHECKED, THE FOLLOWING PROVISIONS WILL APPLY: 10. ll. MOTIONS FOR SUMMARY JUDGMEAT will NOT be heard at the pretrial conference or at the time of trial (M) but, if checked, must be heard no later than ten (10) days prior to the pretrial conference). Wf Applicable if checked): 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 notice such motion for hearing, the motion is subject to being deemed abandoned or waived. Motions in Limine must be heard at least five (5) days prior to the date of trial. ALL DAUBERT related issues (section 90.702, Florida Statutes) shall be noticed and heard — or agreed to by the parties — no later than two (2) weeks before the pretrial conference. FAILURE TO DO SO SHALL Page 4 of 5CONSTITUTE A WAIVER AT TRIAL OF ANY DAUBERT RELATED EVIDENCE OBJECTION OR ISSUE. 14. ALL EXHIBITS MUST BE BROUGHT TO THE PRETRIAL 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 Florida Rule of Civil Procedure 1.200 (b). 16. 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. DONE AND ORDERED in Chambers, Fort Lauderdale, Broward County, Florida on APR 0.6 2018 . NINA W. DI PIETRO COUNTY COURT JUDGE Copies furnished electronically via the e-order portal to: Plaintiff Counsel Defendant Counsel 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 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. Page 5 of SCopies Furnished to: jayweiss007@yahoo.com jayweisslaw@gmail.com FtLauderdaleLegal@allstate.com