On February 01, 2021 a
Order
was filed
involving a dispute between
Fisher Vinson, Hillary,
Lund, Masha Malu,
Marrin, Brooke,
Pinder, Lucy,
Sears, Emily,
Voronina, Irina,
and
Gulf Coast Holdings Llc,
for INTELLECTUAL PROPERTY
in the District Court of Pinellas County.
Preview
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PASCO AND PINELLAS COUNTIES, FLORIDA
Masha ‘Malu’ Lund, et al
______________________________
Plaintiff(s),
Case No. 2021CA-000512XXCICI
_______________________
vs.
Gulf Coast Holdings, L.L.C.
______________________________
Defendant(s),
_________________________________/
AGREED MANDATORY CIVIL CASE MANAGEMENT ORDER
The Florida Supreme Court has mandated the issuance of case management orders in
certain civil actions pending in the trial courts. The parties to this action have reviewed
AOSC21-17 and its amendments and acknowledge the requirements cited therein. They have
thereafter consulted and conferred in an effort to agree upon an order that addresses the mandatory
deadlines in the administrative orders and moves the cause to a timely disposition as soon as
reasonably possible in conformity with the Florida Rules of General Practice and Judicial
Administration. This order contains those agreed provisions.
Case Category
This cause is a civil case (as defined in AOSC21-17) that is governed by the Florida Rules
of Civil Procedure. It is not a complex case subject to Rule 1.201 and is presently in one of the
following categories:
_____ A “General Civil Case” which may require a jury trial for final disposition.
_____ A “Streamlined Civil Case” which will be a non-jury case tried before a judge.
Prior Case Management or Pretrial Orders
The purpose of this mandatory case management order is for the presiding judge to actively
manage the cases and control the progress of the matter. If there has been a prior case management
or pretrial order in this case such order(s) may satisfy this requirement.
_____ There is not a prior order.
_____ There is a prior order but the deadlines and dates require further update in light of
AOSC21-17. Such revised deadlines and dates are indicated in the paragraphs
below.
_____ There has been a prior order that included all the required deadlines and dates. No
updates or further deadlines are needed to comply with AOSC21-17. That order
was entered on _______________ (date). The following paragraphs restate the
dates and deadlines previously ordered therein.
Deadlines for Service of the Complaint
_____ Service of the formal pleadings has been completed.
_____ Service has not been completed but will be made in conformity with the time limits
contained in Fla. R. Civ. P. 1.070(j).
Sixth Circuit Administrative Order 2021-012 – Exhibit A
1
***ELECTRONICALLY FILED 1/12/2022 10:51:55 AM KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY***
_____ The service deadlines have passed and a motion for extension was timely filed and
is still pending. The date of the hearing is _______________ (date).
_____ The service deadlines have passed and no extension was timely filed.
Deadlines for Answers
_____ Answers to initial complaints, cross claims, and counterclaims have or are expected
to be filed within 20 days of service.
_____ Answers to initial complaints, cross claims, and counterclaims are not expected to
be filed within 20 days of service, but as otherwise permitted or agreed are expected
to be filed by: _______________ (date).
List any parties that have been defaulted ___________________________________
Deadlines for Initial Motions
_____ Motions raising lack of jurisdiction, improper venue, insufficiency of process, and
any other preliminary matter purporting to suspend the time to file formal answers
and defenses have been ruled upon.
_____ Such initial motions are pending but are now set for hearing on _________ (date)
or have been provided to the Court for review based on written submission pursuant
to Administrative Order 2020-012.
Amendments to Pleadings and Additional Parties
_____ No amendments to the pleadings or additional parties are anticipated.
_____ Such amendments may be filed and, if objected to, a hearing on the motion set as
soon as possible. It is understood that motions to amend are generally liberally
granted. However, the parties agree that the court, in determining whether to grant
such motions, shall consider the time standards in Rule 2.250 and the movant's good
faith efforts to advance the cause to a timely disposition.
_____ Any pending motions to amend or add parties have been set for hearing on
Mar. 10, 2022
____________ (date) or have been provided to the Court for review based on
written submission pursuant to Administrative Order 2020-012.
Deadlines for Motions after an Answer
_____ There are no pending pretrial motions.
_____ There are pending pretrial motions that as agreed are expected to be filed by:
____________ (date).
_____ There are pending pretrial motions that are either set for hearing or will be set in a
timely fashion so as not to delay the disposition of the case in conformity with the
time standards. It is agreed that a good faith effort to resolve such motions shall be
undertaken before setting any such motion for hearing.
Deadlines for Discovery
The parties understand that Florida’s liberal discovery rules are to be construed to secure
the just, speedy, and inexpensive determination of every action. Such discovery should be
conducted in conformity with the Rule 1.250 time standards. Those standards contemplate a
period of 18 months from filing to disposition in jury cases and 12 months from filing to disposition
in non-jury cases. To accomplish this the court concludes fact and expert witnesses should
Sixth Circuit Administrative Order 2021-012 – Exhibit A
2
generally be disclosed and discovery completed within 270 days of service of the complaint on the
last of all named defendants in jury cases, or within 150 days in non-jury cases. The parties have
agreed to specific discovery deadlines to move this case to resolution without delay:
_____ Discovery has been completed or is anticipated to be completed within the 270 day
or 150 day time periods described by the court above.
_____ Disclosure of fact and expert witnesses has not been completed however the
deadlines for such disclosure are as follows: (list the disclosure deadlines in detail)
Fact discovery deadline: June 24, 2022; Expert disclosure deadline: July 29,
_________________________________________________________________
2022; Expert discovery deadline: August 26, 2022
_________________________________________________________________.
The parties will use their best efforts to complete all discovery and the anticipated
August 26, 2022
date for completion is reasonably expected to be ______________________ (date).
Scheduling Mediation or ADR
Once there has been sufficient discovery for the parties to know the strengths and weaknesses of
their respective positions in the case then alternative dispute resolution should be considered as a
way to reduce the time and expense associated with continued litigation.
_____ Mediation/ADR has already occurred and/or Mediation/ADR is not agreed to by
any party.
_____ One party feels Mediation/ADR is appropriate and will file a motion seeking a court
order.
_____ Mediation/ADR has been set for _______________ (date).
_____ Mediation/ADR will be scheduled by the parties as soon as sufficient discovery has
been completed.
Setting a Trial Date
Rule 1.440 governs setting a trial date and requires the case to be “at issue” before a court
can enter a formal order with a firm date. However, AOSC21-17 requires the inclusion of a
“projected date of trial” in a case management order.
_____ A formal trial order has been issued and trial is now pending.
_____ The case is at issue and can be set for trial. The parties have or will be scheduling
a noticed hearing with the presiding judge to discuss appropriate dates to set the
trial. If a hearing date has been secured provide the date: ___________________.
_____ The case is not at issue pursuant to the rule. It is anticipated that the projected date
of the trial will be _______________. (Please indicate the approximate year and
month the action could reasonably be expected to be included on the docket.)
Therefore, the undersigned accepts the above detailed agreed or previously ordered
deadlines and dates, and orders that they shall be complied with.
Done and Ordered this _____ day of _______________, 2021. 2022.
21-000512-CI 1/12/2022 10:51:44 AM
21-000512-CI 1/12/2022 10:51:44 AM ______________________________
Presiding Judge
Sixth Circuit Administrative Order 2021-012 – Exhibit A
3
Document Filed Date
January 12, 2022
Case Filing Date
February 01, 2021
Category
INTELLECTUAL PROPERTY
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