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IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT
IN AND FOR MIAMI-DADE COUNTY, FLORIDA
WAREHOUSE 1050 CORP,
Jand J REFRIGERATION SUPPLY,
INC., and AME MANUFACTURING CORP.,
Plaintiffs,
-vs- Case Number: 09-36802-CA-01
Section: 11
WALTER J. WILLIAMS, FLORIDA SOL
CORP., COMCAST CABLE
COMMUNICATIONS
HOLDINGS, INC., COMCAST CABLE >
HOLDINGS, LLC, FLORIDA POWER & ‘
LIGHT COMPANY, STATE OF FLORIDA, :
CITY OF MIAMI, MIAMI-DADE COUNTY,
et. al,
Defendants.
ORDER ON CASE MANAGEMENT CONFERENCE, MEDIATION AND SETTING JURY TRIAL
Pursuant to a Case Management Conference held on March 25, 2014, and Florida Rules of Civil
Procedure 1.200(a) (2) and 1.440(c), the following is hereby ORDERED:
1. SCHEDULE
a) PRETRIAL CONFERENCE
The Pretrial Conference is set on Wednesday, October 29, 2014 at 1:30 p.m.,
before the Honorable Diane Ward, Circuit Judge, in ROOM 524 in the Dade County
Courthouse, 73 West Flagler Street, Miami, Florida.
b) TRIAL
The jury trial in this cause has been set for 10 days during the two-week trial
period beginning on December 8, 2014 at 9:30 a.m., in Courtroom 5-3, Dade
County Courthouse, 73 West Flagler Street, Miami, Florida.
2. CONFLICTS. Within 10 days of this Order, counsel shall notify the Court in writing if (a)
inadequate time has been allowed for trial, if a scheduling conflict exists, (b) if discovery cannot be
completed by the Pretrial Conference as ordered in paragraph 7 below, or (c) if alternative deadlines or case
management are needed, whereupon a Case Management Conference may be set by counsel or ordered by
the Court. The Court recognizes that most scheduling conflicts will resolve themselves. However, if a
conflict about which the Court has been notified persists, it could later be a valid ground for a continuance.
3. CONTINUANCES. No continuance will be granted unless good cause is demonstrated in
writing, signed by counsel and the parties he or she represents. See Florida Rules of Judicial
Administration, Rule 2.085(d). Conflicts about which the Court has been notified pursuant to Paragraph 2
will be persuasive. Conflicts arising after the date of this Order will not be persuasive.
4, CASE MANAGEMENT DEADLINES
a) By June 2, 2014, the Plaintiff shall file their motion seeking punitive damages.b) By June 13, 2014, the Defendants shall file their response to the Plaintiffs motion for
punitive damages.
c) On July 16, 2014 at 10:30 a.m., the Plaintiff's Motion for Punitive Damages will be heard
by the Court at a 1-hour Special Set Hearing.
d) Within twenty (20) days of the entry of this order, the parties shall provide all counsel
with a witness list of the names and addresses (sufficient for service of subpoena), "of all
persons believed or known... to have any knowledge concerning any of the issues raised by
the pleadings and specify the subject matter about which the witness has knowledge"
Florida Rules of Civil Procedure, Appendix, Standard Interrogatories Forms 1 and 2. The
subject matter about which the witness has knowledge is particularly important. The
purpose of this disclosure is to enable each party to accurately respond to the Court's
inquiries found in Florida Rules of Civil Procedure 1.200(b)(1)-(5).
e) The parties shall cooperate in scheduling the depositions of all witnesses at a mutually
convenient time. Failure to provide dates for depositions within the time limitations
set out in this order will result in the imposition of sanctions, including exclusion of
the witness, striking of the pleadings, and/or dismissal.
f) By July 11, 2014, all depositions of all non-expert witnesses shall be concluded.
g) By August 1, 2014, the Plaintiff shall provide a list of all experts that they will call to
testify at trial.
h) By August 15, 2014, the Defendants shall provide a list of all experts that they will call to
testify at trial.
i) With the above expert disclosures, the parties shall exchange the names and addresses of
all experts that will be called to testify at trial, along with the expert’s specialty, the
subject matter on which the expert is expected to testify, and the substance of the facts
and opinions to which the expert is expected to testify, and a summary of the grounds for
each opinion.
j) The parties shall cooperate in scheduling the depositions of all expert witnesses at a
mutually convenient time. Failure to provide dates for depositions within the time
limitations set out in this order will result in the imposition of sanctions, including
exclusion of the witness, striking of the pleadings, and/or dismissal.
k) By September 15, 2014, the depositions of all experts for the Plaintiff and Defendants
shall be concluded.
1) By September 30, 2014, all parties shall file their Motions for Summary Judgment, and
serve same on opposing counsel. Any responses shall be filed timely in accordance with
Rule 1.510, Florida Rules of Civil Procedure.
m) On October 29, 2014 at 1:30 p.m., the Court shall conduct a hearing on all
Motions for Summary Judgment and a Calendar Call.Failure to timely comply with the above may result in sanctions including the exclusion of said
witness and/or use of said exhibit at trial, striking of pleadings, and/or dismissal.
5. MEDIATION. Pursuant to Chapter 44 of the Florida Statutes, Rules 1.70001.760, Florida Rules
of Civil Procedure, and Administrative Order No. 92-39 (entered in Case No. 92-1), this case is referred to
mediation as follows:
a) Former Judge Joseph Farina shall be the Mediator.
b) Objection to Joseph Farina: If any party objects to Joseph Farina as Mediator, they must
state so in writing by April 11, 2014. Each party shall then submit in writing by April 30,
2014 the names of two alternative proposed Certified Mediators. If by May 16, 2014, the
parties cannot agree on a Mediator from the proposed names, then the Court shall appoint a
Mediator which may or may not be one of the names proposed by the parties.
c) No Objection to Joseph Farina: If there is no objection to the appointment of Joseph Farina
as Mediator, then
i, The parties shall file a stipulation agreeing to Joseph Farina as Mediator by April
30, 2014.
ii. The parties shall contact Joseph Farina no later than May 16, 2014 to schedule a
time for the Mediation, which shall occur between October 1-22, 2014.
iii. The personal attendance of trial counsel and all the parties is
mandatory. Parties shall appear with full and complete authority to resolve the
matters in dispute. Any corporate party shall send an authorized representative
with absolute authority to enter into a full and complete compromise and
settlement.
iv. All discussions, representations, and statements made at the mediation
conference shall be privileged as settlement negotiations and shall not be
admitted at trial or subject to discovery.
v. The cost of mediation shall be borne equally by Plaintiff and Defendants.
vi. The parties and designated Mediator are ordered and directed to proceed with
mediation in accordance with the Rules of Civil Procedure. If any of the parties fails
to comply with the obligations set forth herein to ensure that the mediation is
accomplished expeditiously, the court may, on its own motion or on motion of any
party, dismiss the case, strike pleadings, enter default, remove the case from the trial
calendar, or impose any other sanctions that it may deem appropriate under the
circumstances.
5. CONSULTATION. By October 1, 2014, Plaintiff's counsel shall conduct a consultation, by
telephone or in person, with all counsel cooperating in order to:
a. Discuss settlement
b. Arrange to examine all trial exhibits and demonstrative aids.
c. Review witness lists with the goal of identifying those witnesses each party
reasonably anticipates will be called to testify at trial.
d. Review the five (5) items found in Rule 1.200(b), Fla.R.Civ.P., in
preparation for the Pretrial Conference.
e. Prepare mutual stipulation and proposed Pretrial Order as required below.
6. MUTUAL STIPULATION AND PROPOSED PRETRIAL ORDER. By October 24, 2014, a
Stipulation shall be submitted to the Court via eCourtesy under “Trials”. Plaintiffs counsel shall have the
responsibility for drafting the Stipulation which shall contain:a. A concise statement of the case agreed to by the parties which the
Court will read to the jury during voir dire.
b. A copy of the pleadings upon which the case will go to trial
(ie., complaint, counterclaim, etc.)
c. A statement of
1. Facts admitted by the parties
2. Factual issues remaining to be litigated.
d. A statement of
1. All matters requiring action by the Court
2. Legal and evidentiary issues likely to arise at trial
e A list of witnesses that each party reasonably anticipates will be called
to testify at trial, testimony expected to be presented by way of
deposition only, whether any witnesses will be using an interpreter,
and any problems with witness availability during trial.
f. A list of all exhibits and demonstrative aids. Those exhibits and aids
the parties agree are admissible or acceptable for use at trial shall be
marked with an asterisk.
g. An indication of party that will be securing the court reporter, if any.
h. A statement of any designations which need to be addressed by the
Court prior to trial. The parties shall exchange designations no later
than Friday, October 24, 2014, and be prepared to discuss any
objections at the Calendar Call on Wednesday, October 29, 2014.
i. The signatures of counsel for all parties certifying
that they have complied with the above, that they
have met with opposing counsel and shown them all
exhibits they intend to use at trial, advised opposing
counsel which witnesses they may be presenting live
or through prior videotape or deposition transcripts,
identifying specifically the portions of the prior
testimony they intend to present, and discussing any
objections they have to the prior testimony.
8. MOTIONS. No Motions will be heard at or after the Pretrial Conference absent compelling
circumstances and consent of the Court. Any motions is limine shall be submitted on eCourtesy under
“Trials” and will be heard immediately prior to jury selection.
9. ATTENDANCE. Each party shall be represented at the Pretrial Conference by the person
who will try the case. In addition to the items in the Pretrial Stipulation, each participant must be prepared
to discuss the five (5) items of Fla.R.Civ.P. 1.200(b). If the person attending the Pretrial Conference is
not authorized to enter into binding stipulations concerning anticipated trial matters [i.e., needs to confer
with the client before entering into any agreements concerning matters that will expedite the progress of
the trial; See, Fla, R. Civ. P. 1.200(b)], then the party must also be present.
10. JURY INSTRUCTIONS AND VERDICT FORM. Jury instructions and verdict forms shall
be submitted by Friday, November 21, 2014. Plaintiff shall submit a complete set of proposed jury
instructions, and the Defendants shall provide only special instructions not included in Plaintiffs
submission. All parties shall submit a proposed verdict form in WORD format. The proposed instructions
and verdict forms shall be submitted on eCourtesy under “Trials” in WORD format with numbered pages.
11. SETTLEMENT. In the event this case settles, Plaintiff's counsel shall immediately
notify the undersigned judge by telephoning the Court’s Judicial Assistant, Liz, at (305) 349-7131.12. COMMUNICATIONS NOTICING COURT PROCEEDINGS: All communications
noticing Court proceedings including, but not limited to, subpoenas for trial, jury summons, notices of
hearings, notices for depositions and all other Court- related proceedings shall provide that a person with
a disability who needs a special accommodation shall contact the Office of the Court Administrator to
insure that reasonable accommodations are available. Such communications noting Court proceedings
shall include the following substantive language:
"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 Ist 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."
DONE AND ORDERED in Chambers at Miami-Dade County, Florida, on 03/25/14.
Diane Ward [lg ORIGINAL
DIANE WARD JUDGE Dian,
CIRCUIT COURT JUDGE EV. WARD
The parties served with this Order are indicated in the accompanying 11th Circuit email
confirmation which includes all emails provided by the submitter. The movant shall
IMMEDIATELY serve a true and correct copy of this Order, by mail, facsimile, email or
hand-delivery, to all parties/counsel of record for whom service is not indicated by the
accompanying 11th Circuit confirmation, and file proof of service with the Clerk of
Court.
Signed original order sent electronically to the Clerk of Courts for filing in the Court file.
Copies furnished to:
Greg Elder, Esq. gelder@fflegal.com, attorney for Plaintiff
Angela Daker, Esq. adaker@whitecase.com, attorney for Defendant Comcast
Carlos Gamez, Esq. cgamez@prmiamilaw.com, attorney for Florida Sol
"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 Ist 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."