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Filing # 140167373 E-Filed 12/10/2021 10:10:07 PM
IN THE COUNTY COURT OF THE ELEVENTH JUDICIAL
CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA
CASE NO: 2021-029225-CC-26
SECTION: SD06
JUDGE: Laura Maria Gonzalez-Marques
NEWLIFE HEALTHCARE & WELLNESS CENTER
Plaintiff(s) / Petitioner(s)
vs.
PROGRESSIVE EXPRESS INSURANCE COMPANY
Defendant(s) / Respondent(s)
____________________________/
UNIFORM CASE MANAGEMENT ORDER SETTING PRETRIAL DEADLINES AND
RELATED REQUIREMENTS (GENERAL PATHWAY - COUNTY CIVIL
PROCEDURE CASES)
PLAINTIFF SHALL SERVE THIS ORDER UPON A DEFENDANT WITHIN 10 DAYS OF
ANY FILING BY THAT DEFENDANT.
ALL PARTIES MUST READ CAREFULLY AS STRICT COMPLIANCE IS MANDATORY.
In compliance with the mandatory requirements of governing Administrative Orders regarding
case management, the Court hereby ORDERS as follows:
1. Attorneys are professionally obligated to diligently litigate the case so litigation can
conclude as soon as it is reasonably and justly possible. See Florida Rule of General
Practice and Judicial Administration 2.545. The specific pretrial deadlines and
requirements set forth herein shall be strictly enforced by the Court. Non-compliance with
any part of this Order may result in sanctions including, but not limited to, striking of
pleadings, monetary sanctions, waiver and/or default. It is on the parties to promptly and
timely schedule hearings on filed motions.
2. The deadlines contained in this Order cannot be waived or extended by stipulation of the
parties and remain in effect unless the Court grants an enlargement. A motion seeking an
enlargement of a particular deadline shall specify detailed reasons for the enlargement and
the amount of time requested.
3. In the event parties are unable to coordinate any non-dispositive and non-evidentiary
hearing, deposition, or motion within a reasonable period of time (not less than 72 hours)
and after 3 documented attempts, the moving party shall unilaterally set the issue for
Case No: 2021-029225-CC-26 Page 1 of 5
hearing pursuant to divisional instructions to occur no less than 14 days and no more than
45 days after the third attempt.
4. SETTLEMENT: Counsel shall immediately notify the Court in the event of settlement and
submit a Stipulation of Settlement and Order of Dismissal. Counsel shall also notify the
Court of any pending hearings that will be cancelled as a result of the settlement.
5. SERVICE: Plaintiffs shall serve their actions promptly by January 14, 2022 and in
compliance with Florida Rule of Civil Procedure 1.070. Service issues shall be addressed
promptly and with diligence. No extensions pursuant to Florida Rule of Civil Procedure
1.070 shall be granted without specific proof of diligent effort to effect service and a
written explanation of what efforts the Plaintiff intends to pursue to effect service
successfully, with proposed deadlines. No extension to serve a defendant beyond April 15,
2022 shall be allowed.
6. The following litigation deadlines are set:
a. ADDITION OF ANY NEW PARTIES shall occur by March 16, 2022.
b. FACT WITNESS LIST shall be filed by July 14, 2022. The fact witnesses shall be
in alphabetical order and contain the names and addresses of all non-expert
witnesses. Only those witnesses listed shall be permitted to testify without leave of
Court. All witness lists shall include a brief description of the substance and scope of
the testimony to be elicited. Within 30 days of discovering previously unknown
witnesses, either party may seek leave of Court to amend their submissions,
disclosures, or discovery obligations.
c. EXHIBIT LIST shall be filed by July 14, 2022. The Exhibit List shall disclose a list
of all documentary and physical evidence intended to be used at trial. Each item shall
be specifically described and listed by number and description. Generic descriptions
of exhibits are subject to being stricken. All listed exhibits shall have been made
available to opposing counsel for examination, initialing, and copying. Parties shall
timely amend their exhibit list.
d. EXPERT WITNESSES shall be disclosed by September 12, 2022 with the names
and addresses of all the expert witnesses to be called at trial and all information
regarding expert testimony that is required by Rule 1.280(b)(5)(A). This includes
disclosing the expert’s area of expertise and serving a copy of each expert’s reports
or answers to expert interrogatories, if a report was prepared and/or expert
interrogatories propounded. Each party is limited to one expert per specialty. No
other expert testimony shall be permitted at trial.
e. FACT AND EXPERT DISCOVERY, including all inspections, depositions, and
examinations, shall be completed no later than February 8, 2023. Written discovery
shall be served no later than January 4, 2023. The parties shall timely coordinate the
scheduling and setting of depositions for all witnesses and/or parties they intend to
depose.
Case No: 2021-029225-CC-26 Page 2 of 5
f. MOTIONS FOR SUMMARY JUDGMENT and DAUBERT MOTIONS shall be
filed by November 10, 2022 and heard no later than February 8, 2023.
g. OBJECTIONS TO PLEADINGS AND ALL OTHER PRETRIAL MOTIONS,
except for motions in limine, shall be filed by December 10, 2022 and heard no later
than February 8, 2023. Any motion not filed and heard prior to the expiration of this
deadline may be deemed waived or denied absent extraordinary circumstances which
could not have been prudently anticipated, or by order of the Court entered prior to
the expiration of the applicable time limitation.
h. MEDIATION: Parties are hereby referred to mandatory mediation, which shall be
completed no later than February 8, 2023. The parties shall comply with Florida
Rules Civil Procedure 1.700, 1.710, 1.720, 1.730, and 1.750 as to the conduct of
mediation. Plaintiff's counsel is appointed lead counsel to facilitate, mutually
coordinate and schedule the mediation conference. Costs of mediation shall be borne
equally by both parties. Failure to mediate in good faith may result in the imposition
of monetary sanctions.
7. TRIAL: The projected date of trial is March 10, 2023. A firm trial date will be ordered by
the Court when the case is at issue pursuant to Florida Rule of Civil Procedure 1.440. The
parties shall do all things reasonable and necessary to assure the availability of their
witnesses for the entire trial period or to otherwise preserve their testimony for trial as
provided by the Florida Rules of Civil Procedure. Failure to do so will not be grounds for a
continuance.
8. JOINT PRETRIAL STIPULATION: A Joint Pretrial Stipulation shall be filed by all parties
(via counsel of record) no later than February 8, 2023. All parties shall cooperate in good
faith in preparation of the Joint Pretrial Stipulation. Unilateral pretrial stipulations will not
be accepted. The single, unified submission shall contain the following information in
separately numbered paragraphs or sections:
a. Stipulated Statement of Facts: A list of those facts that can be stipulated to and
require no proof at the trial, together with a concise, impartial statement of the facts
of the case.
b. Statements of Disputed Law & Fact: Those issues of law and fact that are to be
tried.
c. Witness Lists: Parties shall attach the witness lists filed consistent with Paragraph
6b. and 6d. of this Order, including all rebuttal or impeachment witnesses. If any
party objects to any witness, such objections shall be stated in the Stipulation, setting
forth the grounds with specificity. At trial, all parties shall be strictly limited to
witnesses properly and timely disclosed.
d. Exhibit Lists: Counsel shall initial each other party’s exhibit list and exhibits
consistent with Paragraph 6c. of this Order. If any party objects to the introduction of
Case No: 2021-029225-CC-26 Page 3 of 5
any such exhibit, such objection shall be stated in the Stipulation, setting forth the
grounds with specificity. Parties shall attach the final, initialed exhibit lists with
objections. Only those exhibits listed and initialed may be offered in evidence.
e. Jury Instructions: If the trial is a jury trial, counsel shall identify and attach all
agreed upon standard instructions and all special instructions. Any disputed jury
instructions shall be attached and identified as to the party that proposed the
instruction, along with copies of supporting case law.
f. Verdict Forms: If the trial is a jury trial, the proposed jury verdict forms shall be
attached and designated as agreed to or disputed.
g. Motions in Limine: Each party shall make any anticipated motion(s) in limine
indicating all stipulations/agreed items and any motion(s) in limine requiring a Court
ruling.
h. Trial Estimate: Each party shall provide an estimate of the number of days for trial.
i. Daubert issues: All Daubert issues involving any requests for Daubert-related
evidence shall be in writing. Failure to do so shall constitute a waiver of any Daubert-
related evidence issue.
j. Other issues: The parties shall list any other issue that could potentially take up
unnecessary time during the trial to facilitate the resolution of those matters prior to
the trial date.
DONE and ORDERED in Chambers at Miami-Dade County, Florida on this 10th day of
December, 2021.
2021-029225-CC-26 12-10-2021 10:00 PM
Hon. Laura Maria Gonzalez-Marques
COUNTY COURT JUDGE
Electronically Signed
No Further Judicial Action Required on THIS MOTION
CLERK TO RECLOSE CASE IF POST JUDGMENT
Electronically Served:
Andres Millon, FLPIPHC-Miami@Progressive.com
Andres Millon, andres_millon@progressive.com
Case No: 2021-029225-CC-26 Page 4 of 5
Andres Millon, Kelly_Fernandez@Progressive.com
Carla C Martinez, ccm@mellawyers.com
Carla C Martinez, eservice@mellawyers.com
Physically Served:
Case No: 2021-029225-CC-26 Page 5 of 5
Preview
Filing # 140167373 E-Filed 12/10/2021 10:10:07 PM IN THE COUNTY COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CASE NO: 2021-029225-CC-26 SECTION: SD06 JUDGE: Laura Maria Gonzalez-Marques NEWLIFE HEALTHCARE & WELLNESS CENTER Plaintiff(s) / Petitioner(s) vs. PROGRESSIVE EXPRESS INSURANCE COMPANY Defendant(s) / Respondent(s) ____________________________/ UNIFORM CASE MANAGEMENT ORDER SETTING PRETRIAL DEADLINES AND RELATED REQUIREMENTS (GENERAL PATHWAY - COUNTY CIVIL PROCEDURE CASES) PLAINTIFF SHALL SERVE THIS ORDER UPON A DEFENDANT WITHIN 10 DAYS OF ANY FILING BY THAT DEFENDANT. ALL PARTIES MUST READ CAREFULLY AS STRICT COMPLIANCE IS MANDATORY. In compliance with the mandatory requirements of governing Administrative Orders regarding case management, the Court hereby ORDERS as follows: 1. Attorneys are professionally obligated to diligently litigate the case so litigation can conclude as soon as it is reasonably and justly possible. See Florida Rule of General Practice and Judicial Administration 2.545. The specific pretrial deadlines and requirements set forth herein shall be strictly enforced by the Court. Non-compliance with any part of this Order may result in sanctions including, but not limited to, striking of pleadings, monetary sanctions, waiver and/or default. It is on the parties to promptly and timely schedule hearings on filed motions. 2. The deadlines contained in this Order cannot be waived or extended by stipulation of the parties and remain in effect unless the Court grants an enlargement. A motion seeking an enlargement of a particular deadline shall specify detailed reasons for the enlargement and the amount of time requested. 3. In the event parties are unable to coordinate any non-dispositive and non-evidentiary hearing, deposition, or motion within a reasonable period of time (not less than 72 hours) and after 3 documented attempts, the moving party shall unilaterally set the issue for Case No: 2021-029225-CC-26 Page 1 of 5 hearing pursuant to divisional instructions to occur no less than 14 days and no more than 45 days after the third attempt. 4. SETTLEMENT: Counsel shall immediately notify the Court in the event of settlement and submit a Stipulation of Settlement and Order of Dismissal. Counsel shall also notify the Court of any pending hearings that will be cancelled as a result of the settlement. 5. SERVICE: Plaintiffs shall serve their actions promptly by January 14, 2022 and in compliance with Florida Rule of Civil Procedure 1.070. Service issues shall be addressed promptly and with diligence. No extensions pursuant to Florida Rule of Civil Procedure 1.070 shall be granted without specific proof of diligent effort to effect service and a written explanation of what efforts the Plaintiff intends to pursue to effect service successfully, with proposed deadlines. No extension to serve a defendant beyond April 15, 2022 shall be allowed. 6. The following litigation deadlines are set: a. ADDITION OF ANY NEW PARTIES shall occur by March 16, 2022. b. FACT WITNESS LIST shall be filed by July 14, 2022. The fact witnesses shall be in alphabetical order and contain the names and addresses of all non-expert witnesses. Only those witnesses listed shall be permitted to testify without leave of Court. All witness lists shall include a brief description of the substance and scope of the testimony to be elicited. Within 30 days of discovering previously unknown witnesses, either party may seek leave of Court to amend their submissions, disclosures, or discovery obligations. c. EXHIBIT LIST shall be filed by July 14, 2022. The Exhibit List shall disclose a list of all documentary and physical evidence intended to be used at trial. Each item shall be specifically described and listed by number and description. Generic descriptions of exhibits are subject to being stricken. All listed exhibits shall have been made available to opposing counsel for examination, initialing, and copying. Parties shall timely amend their exhibit list. d. EXPERT WITNESSES shall be disclosed by September 12, 2022 with the names and addresses of all the expert witnesses to be called at trial and all information regarding expert testimony that is required by Rule 1.280(b)(5)(A). This includes disclosing the expert’s area of expertise and serving a copy of each expert’s reports or answers to expert interrogatories, if a report was prepared and/or expert interrogatories propounded. Each party is limited to one expert per specialty. No other expert testimony shall be permitted at trial. e. FACT AND EXPERT DISCOVERY, including all inspections, depositions, and examinations, shall be completed no later than February 8, 2023. Written discovery shall be served no later than January 4, 2023. The parties shall timely coordinate the scheduling and setting of depositions for all witnesses and/or parties they intend to depose. Case No: 2021-029225-CC-26 Page 2 of 5 f. MOTIONS FOR SUMMARY JUDGMENT and DAUBERT MOTIONS shall be filed by November 10, 2022 and heard no later than February 8, 2023. g. OBJECTIONS TO PLEADINGS AND ALL OTHER PRETRIAL MOTIONS, except for motions in limine, shall be filed by December 10, 2022 and heard no later than February 8, 2023. Any motion not filed and heard prior to the expiration of this deadline may be deemed waived or denied absent extraordinary circumstances which could not have been prudently anticipated, or by order of the Court entered prior to the expiration of the applicable time limitation. h. MEDIATION: Parties are hereby referred to mandatory mediation, which shall be completed no later than February 8, 2023. The parties shall comply with Florida Rules Civil Procedure 1.700, 1.710, 1.720, 1.730, and 1.750 as to the conduct of mediation. Plaintiff's counsel is appointed lead counsel to facilitate, mutually coordinate and schedule the mediation conference. Costs of mediation shall be borne equally by both parties. Failure to mediate in good faith may result in the imposition of monetary sanctions. 7. TRIAL: The projected date of trial is March 10, 2023. A firm trial date will be ordered by the Court when the case is at issue pursuant to Florida Rule of Civil Procedure 1.440. The parties shall do all things reasonable and necessary to assure the availability of their witnesses for the entire trial period or to otherwise preserve their testimony for trial as provided by the Florida Rules of Civil Procedure. Failure to do so will not be grounds for a continuance. 8. JOINT PRETRIAL STIPULATION: A Joint Pretrial Stipulation shall be filed by all parties (via counsel of record) no later than February 8, 2023. All parties shall cooperate in good faith in preparation of the Joint Pretrial Stipulation. Unilateral pretrial stipulations will not be accepted. The single, unified submission shall contain the following information in separately numbered paragraphs or sections: a. Stipulated Statement of Facts: A list of those facts that can be stipulated to and require no proof at the trial, together with a concise, impartial statement of the facts of the case. b. Statements of Disputed Law & Fact: Those issues of law and fact that are to be tried. c. Witness Lists: Parties shall attach the witness lists filed consistent with Paragraph 6b. and 6d. of this Order, including all rebuttal or impeachment witnesses. If any party objects to any witness, such objections shall be stated in the Stipulation, setting forth the grounds with specificity. At trial, all parties shall be strictly limited to witnesses properly and timely disclosed. d. Exhibit Lists: Counsel shall initial each other party’s exhibit list and exhibits consistent with Paragraph 6c. of this Order. If any party objects to the introduction of Case No: 2021-029225-CC-26 Page 3 of 5 any such exhibit, such objection shall be stated in the Stipulation, setting forth the grounds with specificity. Parties shall attach the final, initialed exhibit lists with objections. Only those exhibits listed and initialed may be offered in evidence. e. Jury Instructions: If the trial is a jury trial, counsel shall identify and attach all agreed upon standard instructions and all special instructions. Any disputed jury instructions shall be attached and identified as to the party that proposed the instruction, along with copies of supporting case law. f. Verdict Forms: If the trial is a jury trial, the proposed jury verdict forms shall be attached and designated as agreed to or disputed. g. Motions in Limine: Each party shall make any anticipated motion(s) in limine indicating all stipulations/agreed items and any motion(s) in limine requiring a Court ruling. h. Trial Estimate: Each party shall provide an estimate of the number of days for trial. i. Daubert issues: All Daubert issues involving any requests for Daubert-related evidence shall be in writing. Failure to do so shall constitute a waiver of any Daubert- related evidence issue. j. Other issues: The parties shall list any other issue that could potentially take up unnecessary time during the trial to facilitate the resolution of those matters prior to the trial date. DONE and ORDERED in Chambers at Miami-Dade County, Florida on this 10th day of December, 2021. 2021-029225-CC-26 12-10-2021 10:00 PM Hon. Laura Maria Gonzalez-Marques COUNTY COURT JUDGE Electronically Signed No Further Judicial Action Required on THIS MOTION CLERK TO RECLOSE CASE IF POST JUDGMENT Electronically Served: Andres Millon, FLPIPHC-Miami@Progressive.com Andres Millon, andres_millon@progressive.com Case No: 2021-029225-CC-26 Page 4 of 5 Andres Millon, Kelly_Fernandez@Progressive.com Carla C Martinez, ccm@mellawyers.com Carla C Martinez, eservice@mellawyers.com Physically Served: Case No: 2021-029225-CC-26 Page 5 of 5