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Filing # 137356627 E-Filed 10/27/2021 10:45:54 AM
IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT,
IN AND FOR PALM BEACH COUNTY, FLORIDA
CIRCUIT CIVIL DIVISION: AD
CASE NO.: 50-2020-CA-008922-XXXX-MB
ERNESTINA DE ARMAS,
MARIO SALVADOR DE ARMAS,
Plaintiff/Petitioners
vs.
CHARLIE WILL MITCHELL,
GEICO GENERAL INSURANCE COMPANY,
Defendant/Respondents.
/
ORDER SETTING JURY TRIAL AND DIRECTING PRETRIAL
AN ION PROCEDURES
(OSJT)
I, SCHEDULING
This action is set for Jury Trial on the Court’s trial docket sometime between
SEPTEMBER 12, 2022 and NOVEMBER 4, 2022. E-CALENDAR CALL IS SET FOR
SEPTEMBER 2, 2022. COMPLETION OF THE E-CALENDAR CALL FORM IS
DENMIDEN PV THE CCHENIT EN DATE OF TCATENDAD CATT Tha Canet hac
Aww Us a UO CU, ie UOure a5,
reserved FOUR (4) DAYS for the trial of this cause.
E-CALENDAR CALL
DIVISION AD has adopted an E-Calendar Call. Counsel/parties must comply with the
instructions for E-Calendar Call as listed on the Division AD webpage and in “Exhibit A" of this
Order. The “E-Calendar Call Form” (Exhibit A) shall be completed and submitted by email to
CAD-DivisionA D@pbegov.org no later than the date E-Calendar Call is scheduled.
The trial will be scheduled sometime during the trial docket period at a date and time to be
provided by counsel in the E-Calendar Call Form, subject to the Court's ordering a later case
setting. The trial shall be set during each of the weeks of this trial period unless counsel sets forth
specific_conflict_dates, which dates shall_belimited_to_personal_conflicts_and_ prepaid
vacations.
Tl. UNIFORM PRETRIAL PROCEDURE-
All pretrial deadlines set forth in this Order shall be strictly adhered to by the parties.
A. On the last business day no later than 90 DAYS PRIOR TO CALENDAR CALL, the
parties shall exchange lists of all trial exhibits, names and addresses of all trial
witnesses, and names and addresses of all expert witnesses.
CHEN. DAIAARCACUAALINTY CL INCEDU ARDIIV7ZN FLEDIZ 4NINTINNNA AN-AL-EA AN
PILL. PAL DLAI VUUINE TT, PL, JUOL IIE mDnNueey, ULL, 1urerieue! 1u.tu.ut mieewe
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1.
AYN
On the last business day no later than 60 DAYS PRIOR TO CALENDAR CALL, the
parties shall exchange lists of names and addresses of all rebuttal witnesses.
In addition to names and addresses of each expert retained to formulate an expert
opinion with regard to this cause, both on the initial listing and on rebuttal, the parties
shall provide:
the subject matter about which the expert is expected to testify;
the substance of the facts and opinions to which the expert is expected to testify;
a summary of the grounds Tor each opinion;
a copy of any written reports issued by the expert regarding this case;
a copy of the expert's curriculum vitae.
On the last business day no later than 30 DAYS PRIOR TO CALENDAR CALL,
the parties shall confer and:
discuss settlement;
. simplify the issues and stipulate, in writing, as to as many facts and issues as
possible;
prepare a Pre-Trial Stipulation in accordance with paragraph E; and
list all objections to trial exhibits.
PRETRIAL STIPULATIONS AND PRETRIAL MOTIONS MUST BE FILED.
It shall be the duty of counsel for the Plaintiff to see that the Pre-Trial Stipulation is
drawn, executed by counsel for all parties, and filed with the Clerk no later than 20
DAYS PRIOR TO CALENDAR CALL. All pre-trial motions shall be filed no
later_than 30 days prior to CALENDAR CALL. UNILATERAL PRETRIAL
STATEMENTS ARE DISALLOWED, UNLESS APPROVED RY THE COURT,
AFTER NOTICE AND HEARING SHOWING GOOD CAUSE. Counsel for all
parties are charged with good faith cooperation in this regard. The Pre-Trial Stipulation
shall contain in separately numbered paragraphs:
a list of all pending motions, including MOTIONS IN LIMINE and DAUBERT
MOTIONS requiring action by the Court and the dates those motions are set for
hearing (MOTIONS IN LIMINE and DAUBERT HEARINGS shall not be heard the
day of the trial or thereafter).
stipulated facts which require no proof at trial which may be read to the trier of fact;
a statement of all issues of fact for determination at trial;
each party's numbered list of trial exhibits with specific objections, if any, to
schedules attached to the Stipulation;
each party's numbered list of trial witnesses with addresses (including all known
rebuttal witnesses); the list of witnesses shall be on separate schedules attached to the
Stipulation;
a statement of estimated trial time;7. names of attorneys to try case; and
8. number of peremptory challenges per party.
9. proposed jury instructions to be attached.
FILING OF PRE-TRIAL STIPULATION. Failure to file the Pre-Trial Stipulation
or a Court Approved Unilateral Stipulation as above provided may result in the case
being stricken from the Court's calendar at its sounding or other sanctions.
ADDITIONAL EXHIBITS, WITNESSES OR OBJECTIONS. At trial, the parties
shall be strictly limited to exhibits and witnesses disclosed and objections reserved on
the schedules attached to the Pre-Trial Stipulation prepared in accordance with
paragraphs D and E, absent agreement specifically stated in the Pre-Trial Stipulation
or order of the Court upon good cause shown. Failure to reserve objections constitutes
a waiver. A party desiring to use an exhibit or witness discovered after counsel have
conferred pursuant to paragraph D shall immediately furnish the Court and other
counsel with a description of the exhibit or with the witness’ name and address and the
expected subject matter of the witness’ testimony, together with the reason for the late
discovery of the exhibit or witness. Use of the exhibit or witness may be allowed by
the Court for good cause shown or to prevent manifest injustice.
DISCOVERY. Unless otherwise agreed in the Pre-Trial Stipulation, all discovery must
be completed no later than 20. DAYS BEF ORE THE DATE SET FOR CALENDAR
CATT ob
CALL, avseiit agrecineit for tater discovery specificany stated i te Pie-Tiiat
Stipulation or for other good cause shown.
PRE-TRIAL CONFERENCE. No pre-trial conference pursuant to Fla. R. Civ. P.
1.200 is set by the Court on its own motion. If a pre-trial conference is set upon motion
of a party, counsel shall meet and prepare a stipulation pursuant to paragraphs D and E
and file the stipulation no later than 10 DAYS BEFORE THE CONFERENCE.
Failure to request a pre-trial conference in a timely fashion constitutes a waiver of the
notice of requirement of Rule 1.200. Motions for Summary Judgment will not be heard
at any pre-trial conference.
UNIQUE QUESTIONS OF LAW. Five days prior to calendar call, counsel for the
parties are directed to exchange and simultaneously submit to the Court appropriate
memoranda with citations to legal authority in support of any unique legal questions
which may reasonably be anticipated to arise during the trial.
MODIFICATION TO UNIFORM PRE-TRIAL PROCEDURE. Shall be by court
order only.
PRE-MARKING EXHIBITS. Prior to trial, each party shall meet with and assist the
clerk in marking for identification all exhibits, as directed by the clerk.
DPPNCITION NMCTONATIOANG XT. lee tha IA RAVE PNIANn TH
VEFUSLIIVIN VDEOIGNALIUINS, INO 1dler ula ZU VATS rNIUuUnN 1U
CALENDAR CALL, each party shall serve his, her, or its designation of depositions,or portions of depositions, each intends to offer as testimony in his, her or its case in
chief. No later than 10 DAYS PRIOR TO CALENDAR CALL, each opposing party
shall serve his, her, or its counter (or "fairness") designations to portions of depositions
designated, together with objections to the depositions, or portions thereof, originally
designated. No later than calendar call, each party shall serve his, her or its objections
to counter designations served by an opposing party.
REQUIRED PRE-CALENDAR CALL MEETING. No later than FIVE DAYS
PRIOR TO CALENDAR CALL, counsel for the parties are required to meet and
exchange all pre-marked exhibits and demonstratives that will be used at trial. Counsel
for the parties are directed to collaborate on the production of proposed jury instructions
and verdict form and submit same to the Court, prior to calendar call.
Til. MEDIATION
A.
1.
2.
3.
4.
B.
Cc.
D.
All parties are required to participate in mediation.
The appearance of counsel who will try the case and representatives of each party
with full authority to enter into a complete compromise and settlement is mandatory.
If insurance is involved, an adjuster with authority up to the policy limits or the most
recent demand, whichever is lower, shall attend.
At least ONE WEEK BEFORE THE CONFERENCE, all parties shall file with
the mediator a brief, written summary of the case containing a list of issues as to each
party. If aii alioiiiey or party fling tie suiimary Wishes its coftent to reniain
confidential, he/she must advise the mediator in writing when the report is filed.
All discussions, representations, and statements made at the mediation conference
shall be privileged consistent with Florida Statutes sections 44.102 and 90.408.
The mediator has no power to compel or enforce a settlement agreement. If a
settlement is reached, it shall be the responsibility of the attorneys or parties to reduce
the agreement to writing and to comply with Florida Rule of Civil Procedure
1 T2NMW\ uinlace waived
1s1OULOJ, UlEOS Walveu.
The Plaintiff's attorney shall be responsible for scheduling mediation. The parties
should agree on a mediator. If they are unable to agree, any party may apply to the
Court for appointment of a mediator in conformity with Rule 1.720 (f), Fla. R. Civ. P.
The lead attorney or party shall file and serve on all parties and the mediator a Notice
of Mediation giving the time, place, and date of the mediation and the mediator's name.
The mediator shall be paid $175.00 per hour, unless otherwise agreed by the parties.
Completion of mediation prior to calendar call is a prerequisite to trial. If
mediation is not conducted, or if a party fails to participate in mediation, the case, at
the Court's discretion, may be stricken from the trial calendar, pleadings may be
stricken, and other sanctions may be imposed.
Any party opposing mediation may proceed under Florida Rule of Civil Procedure
1.70U(D).IV.
NONCOMPLIANCE
NONCOMPLIANCE WITH ANY PORTION OF THIS ORDER MAY RESULT IN
THE STRIKING OF THE CASE, WITNESSES, OR EXHIBITS, OR IMPOSITION OF
SUCH OTHER SANCTIONS AS ARE JUST.
NOTE: In accordance with the 15th Judicial Circuit’s Administrative Order 2.310, please
ensure that primary and secondary email addresses are registered with Court Administration at
www. 5thcircuit.com/onlineservices. The filing of an email designation with the Clerk’s Office is
aregisiration wiin Court Adminisiraiion for judicial e-service of orders. if you do noi regisier
with the 15th Circuit as set forth above, your e-service address will auto-populate with your Florida
Bar e-mail address and may result in orders going to e-mail addresses which are not frequently
checked or are no longer in use.
In accordance with Administrative Order 2.311, when an attorney is no longer counsel of
record on a case, the attorney must update his or her primary and secondary email addresses with
the Clerk of Court, (See exhibits attached to A.O, 2.311)
DONE AND ORDERED in West Palm Beach, Palm Beach County, Florida.
sr anne bigeye
fou Fe Goodman “Circult Judge
502020CA008922XXXXMB 10/27/2021
Jaimie R. Goodman
Circuit Judge
COPIES FURNISHED:
Name Address Email
1555 PALM BEACH
AMY DAS ESQ LAKES BLVD STE 1000 WPBGEICO@GEICO.COM;
WEST PALM BEACH, amdas@geico.com
FL 33401
RECEPTION@CTKPLAW.COM;
1600 W COMMERCIAL yhall@ctkplaw.com;
BRUCE M. TRYBUS BLVD STE 200 FT istump@ctkplaw.com;
ESQ LAUDERDALE, FL btrybus@ctkplaw.com;
33309 clewis@ctkplaw.com;
csalvat@ctkplaw.com
9130S DADELAND =— PHUNT@RUBENSTEINLAW.COM;
PETERHUNTESQ = BLVDPHMIAMI,FL _ahertz@rubensteinlaw.com;
R21BRO Cin so Ne ae
ee eservice@rupensteiniaw.com;Name Address Email
tim@rubensteinlaw.com;
jmolano@rubensteinlaw.com
This notice is provided pursuant to Administrative Order No. 2.207
“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 Tammy Anton, Americans with
Disabilities Act Coordinator, Palm Beach County Courthouse, 205 North
Dixie Highway West Palm Beach, Florida 33401; telenhone number (561) 355-
4380 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.”
“Si usted es una persona minusvalida que necesita algin acomodamiento para
poder participar en este procedimiento, usted tiene derecho, sin tener gastos
propios, a que se le provea cierta ayuda. Tenga la amabilidad de ponerse en
contacto con Tammy Anton, 205 N. Dixie Highway, West Palm Beach, Florida
33401; teléfono numero (561) 355-4380, por lo menos 7 dias antes de Ja cita
fijada para su comparecencia en Jos tribunales, o inmediatamente después de
recibir esta notificacién si el tiempo antes de la comparecencia que se ha
programado es menos de 7 dias; si usted tiene discapacitacién del oido o de la
voz, llame al 711.”
“Si ou se yon moun ki enfim ki bezwen akomodasyon pou w ka
patisipe nan pwosedi sa, ou kalifye san ou pa gen okenn lajan pou w
peye, gen pwovizyon pou jwen kek éd. Tanpri kontakte Tammy Anton,
kooddonaté pwogram Lwa pou ameriken ki Enfim yo nan Tribinal
Konte Palm Beach la ki nan 205 North Dixie Highway, West Palm
Beach, Florida 33401; telefon li se (561) 355-4380 nan 7 jou anvan dat
ou gen randevou pou parét nan tribinal la, oubyen imedyatman apre
ou fin resevwa konvokasyon an si lé ou gen pou w parét nan tribinal
la mwens ke 7 jou; si ou gen pwoblém pou w tande oubyen pale, rele
711.”EXHIBIT A
CIRCUIT CIVIL DIVISION AD: E-CALENDAR CALL FORM
PLAINTIFF'S COUNSEL SHALL CONFER ON THE ISSUES OUTLINED IN THIS
ORDER AND COMPLETE THIS FORM WITH ALL INFORMATION REQUESTED
(INCLUDING CONFLICTS FOR ALL COUNSEL OF RECORD). ONCE THE “E-
CALENDAR CALL FORM” IS COMPLETE, THE E-CALENDAR CALL FORM MUST
BE E-MAILED TO CAD-DivisionAD@pbcgov.org no later than the end of business
dav an tha data af vaur echadulad ralandar rall
Gay Un ure Gare Or your suneawieu Carcnuar Can,
CALENDAR CALL DATE:
FOR THE TRIAL PERIOD OF:
CASE NAME:
CASE NUMBER:
PLAINTIFF'S TRIAL COUNSEL CONTACT INFORMATION:
Full Name:
Phone:
Primary Email:
Secondary Email:
DEFENDANT'S TRIAL COUNSEL CONTACT INFORMATION:
Full Name:
Phone:
Drimars Email:
rinuary cian,
Secondary Email:NUMBER OF DAYS/HOURS REQUESTED FOR TRIAL/HEARING:
DATE PRE-TRIAL STIPULATION WAS FILED:
DATE MEDIATION CONFERENCE WAS CONDUCTED:
*DATES AND SPECIFIC NATURE OF CONFLICTS DURING TRIAL DOCKET:
**PREFERRED TRIAL WEEKS:
*The Court will only recognize the following conflicts:
¢ Prepaid vacations
e Personal Conflicts
All conflicts must indicate the date and reason for the conflict listed.
“The preferred trial weeks are not necessarily the weeks you will be set for trial. The
court will try to accommodate your requests to the best of its ability; however, the case
may still be set for trial during the other weeks of the docket. The more dates you
provide the greater chance of the court accommodating your requests. Upon
determination of availability for setting trial in this trial period, the Court will post the trial
on the DIVISION AD website.