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Filing # 118687656 E-Filed 12/23/2020 01:20:21 PM
IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
CIRCUIT CIVIL DIVISION AH
CASE NO. 50-2020-CA-010576-XXXX-MB
FRANCINE SUSSMAN,
BERNARD SUSSMAN,
Plaintiff/P etitioners
vs.
RCMR ENTERPRISES INC,
Defendant/Respondent.
/
ORDER SETTING JURY TRIAL AND
DIRECTING PRETRIAL AND M. PROCEDURE!
This action is set for Jury Trial on the Court's Trial Docket sometime between
MAY 24, 2021 and JUNE 18, 2021 (4- WEEK DOCKET). E-CALENDAR CALL is.
set for MAY 14, 2021. The 4-Week Docket will be posted on the Court's website
(15thcircuit.com) on that date. The case will be on call all 4-weeks of the docket. All
notices of unavailability/conflict (pre-paid vacation/special set trial settings only)
ist Be Ted aid PrOViNed to tie Court tei (10) days prior to E-Cateiaar Call io be
considered in setting matters on the docket, Pursuant to the Notice for Jury Trial, the
Court has reserved 3-4 DAYS for the trial.
As per the Order Granting Plaintiff’s Motion to Expedite Jury Trial entered
December 23, 2020, this action is set for Jury Trial on the Court’s Trial Docket as
the #1 case with F.S. §415.1115 priority status.
IL UNIFORM PRETRIAL PROCEDURE
A. Onthe 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.
B. 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.
C. 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:
1. the subject matter about which the expert is expected to testify;
2. the substance of the facts and opinions to which the exnert is exnected to
testify:
3. a summary of the grounds for each opinion;
Page lof5
CHEN. DAIAARCACUAAIINTY Cl CUADAND ANAFY FLEDY 49:INAQINNIN AA-NN-N4 DAA
PILL. PALE BLAU VUUINE TT, FL, OHI. DUUN, ULLIAN, 1eizureueu v.22) iveCase No. 50-2020-CA-0 10576-XXXX-MB
4. acopy of any written reports issued by the expert regarding this case;
5. copies of any and all power-point slides and demonstrative boards intended to
be used by any expert at trial (See Sabrina Thompson y. Wal-Mart Stores, Inc.,
60 So.3d, 440 3d DCA, 2011,; and
6. acopy of the expert’s curriculum vitae.
D. On the last business day no later than30 DAYS PRIOR TO CALENDAR CALL,
the parties shall confer and:
1. discuss settlement:
2. simplify the issues and stipulate, in writing, as to as many facts and issues as
possible;
3. prepare a Pre-Trial Stipulation in accordance with paragraph E; and
4. list all objections to trial exhibits.
E. PRETRIALSTIFULATIONS MUST BE FILiD. 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 than20 DAYS PRIOR TO
CALENDAR CALL. UNILATERAL PRETRIAL STATEMENTS ARE
DISALLOWED, UNLESS APPROVED BY 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:
1. a list of all pending motions, if any; (includes Daubert and motions in limine)
(All motions, Daubert motions and motions in limine shall be filed, scheduled
and heard prior to Calendar Call.)
2. 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;
4. each party’s numbered list of trial exhibits with specific objections, if any, to
schedules attached to the Stipulation;
5. 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;
6. a statement of estimated trial time;
. names of attorneys to try case; and
8. number of peremptory challenges per party.
w
_
F. FILING OF PRE-TRIAL STIPULATION. Failure to file the Pre-Trial
Stipulation or a Court Approved Unilateral Stipulation as above provided may result
in tha eace heina ctricken fram the Canrt’o calendar at ite canndina ar ather
Ih uw Case Oting Suse ion uw UOurs Cammuar ae NG goummeng OF Culer
sanctions.
G. ADDITIONAL EXHIBITS, WITNESSES OR OBJECTIONS. At trial, the
Page 2 0f 5Case No. 50-2020-CA-0 10576-XXXX-MB
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.
H. DISCOVERY. Unless otherwise agreed in the Pre-Trial Stipulation, all discovery
must be completed no later than10 DAYS BEFORE THE DATE SET FOR
CALENDAR CALL, absent agreement for later discovery specifically stated in
the Pre-Trial Stipulation or for other good cause shown.
I. 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 thanS_ 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 1200. Motions for
Summary Judgment will not be heard at any pre-trial conference.
J. DAUBERT MOTIONS AND MOTIONS IN LIMINE: Daubert motions and
motions in limine shall be filed, scheduled and heard prior to Calendar Call.
K. UNIQUE QUESTIONS OF LAW. 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.
L. MODIFICATION TO UNIFORM PRE-TRIAL PROCEDURE. Upon written
Siipitlaiion GT tie pallies Thea With tie Goui, tie Pie-Thal Procedure, except Tor
items II D-F, inclusive, may be modified in accordance with the parties’ stipulation,
except to the extent that the stipulation may interfere with the Court’s scheduling of
the matter for trial or hinder the orderly progress of the trial.
M. PRE-MARKING EXHIBITS. BEFORE TRIAL, each party shall contact the
clerk for pre-marking instructions (561) 355-2986.
N. DEPOSITION DESIGNATIONS. No later than20_ DAYS PRIOR TO
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 obiections to counter designations served by an opposing
party.
Ill. MEDIATION
Page 3 of 5Case No. 50-2020-CA-0 10576-XXXX-MB
A. All parties are required to participate in mediation.
1, 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.
2. 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 an attorney or party filing the summary wishes its
cantant ta ramain eanfidential he/che nmmuct advice the mediatar in writing when
COmome eO TOMAM COMUNGCMads, oeySue TiuseaGViow ue tueGiaol un Walulig, Wanear
the report is filed.
3. All discussions, representations, and statements made at the mediation
conference shall be privileged consistent with Florida Statutes sections
44.102 and 90.408.
4. 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 1.730(b), unless waived.
B. 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.
C. 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
otrinban and athar cantinne mau he imnoced
SuICKen, Gia Cuier sareuone Lay OC Mposea.
D. Any party opposing mediation may proceed under Florida Rule of Civil Procedure
1.700(b).
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 2.310-4/13,
please ensure that primary and secondary email addresses are registered with Court
Administration at www. 1 5thcircuit.com/onlineservices . The filing of an email designation
with the Clerk's Office is NOT a registration with Court Administration for judicial e-
service of orders. If voudo not register with the 15th Circuit as set forth above. vour e-
tvice address will auto- late with 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.
Page 4 of 5Case No. 50-2020-CA-010576-XXXX-MB
In accordance with Administrative Order 2.311-2/13, 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, this 23rd
day of December, 2020.
50-2020:CA-010576-XXXX-MB 12/23/2020
Samantha Schosberg Feuer
Judge
COPIES TO:
BCMB ENTERPRISES INC 2000 PALM BEACH LAKES No E-mail Address Available
BLVD
SUITE 200
WEST PALM BEACH, FL
33401
DAVE K. ROY 1665 PALM BEACH LAKES INFO@DAVEROYLAW.COM
BLVD
THE FORUM-SUITE B 101
WEST PALM BEACH, FL
33401
ROBIN N. KHANAL No Address Available RNK Pleadings@qpwblaw.com
Page 5 of 5
Preview
Filing # 118687656 E-Filed 12/23/2020 01:20:21 PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CIRCUIT CIVIL DIVISION AH CASE NO. 50-2020-CA-010576-XXXX-MB FRANCINE SUSSMAN, BERNARD SUSSMAN, Plaintiff/P etitioners vs. RCMR ENTERPRISES INC, Defendant/Respondent. / ORDER SETTING JURY TRIAL AND DIRECTING PRETRIAL AND M. PROCEDURE! This action is set for Jury Trial on the Court's Trial Docket sometime between MAY 24, 2021 and JUNE 18, 2021 (4- WEEK DOCKET). E-CALENDAR CALL is. set for MAY 14, 2021. The 4-Week Docket will be posted on the Court's website (15thcircuit.com) on that date. The case will be on call all 4-weeks of the docket. All notices of unavailability/conflict (pre-paid vacation/special set trial settings only) ist Be Ted aid PrOViNed to tie Court tei (10) days prior to E-Cateiaar Call io be considered in setting matters on the docket, Pursuant to the Notice for Jury Trial, the Court has reserved 3-4 DAYS for the trial. As per the Order Granting Plaintiff’s Motion to Expedite Jury Trial entered December 23, 2020, this action is set for Jury Trial on the Court’s Trial Docket as the #1 case with F.S. §415.1115 priority status. IL UNIFORM PRETRIAL PROCEDURE A. Onthe 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. B. 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. C. 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: 1. the subject matter about which the expert is expected to testify; 2. the substance of the facts and opinions to which the exnert is exnected to testify: 3. a summary of the grounds for each opinion; Page lof5 CHEN. DAIAARCACUAAIINTY Cl CUADAND ANAFY FLEDY 49:INAQINNIN AA-NN-N4 DAA PILL. PALE BLAU VUUINE TT, FL, OHI. DUUN, ULLIAN, 1eizureueu v.22) iveCase No. 50-2020-CA-0 10576-XXXX-MB 4. acopy of any written reports issued by the expert regarding this case; 5. copies of any and all power-point slides and demonstrative boards intended to be used by any expert at trial (See Sabrina Thompson y. Wal-Mart Stores, Inc., 60 So.3d, 440 3d DCA, 2011,; and 6. acopy of the expert’s curriculum vitae. D. On the last business day no later than30 DAYS PRIOR TO CALENDAR CALL, the parties shall confer and: 1. discuss settlement: 2. simplify the issues and stipulate, in writing, as to as many facts and issues as possible; 3. prepare a Pre-Trial Stipulation in accordance with paragraph E; and 4. list all objections to trial exhibits. E. PRETRIALSTIFULATIONS MUST BE FILiD. 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 than20 DAYS PRIOR TO CALENDAR CALL. UNILATERAL PRETRIAL STATEMENTS ARE DISALLOWED, UNLESS APPROVED BY 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: 1. a list of all pending motions, if any; (includes Daubert and motions in limine) (All motions, Daubert motions and motions in limine shall be filed, scheduled and heard prior to Calendar Call.) 2. 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; 4. each party’s numbered list of trial exhibits with specific objections, if any, to schedules attached to the Stipulation; 5. 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; 6. a statement of estimated trial time; . names of attorneys to try case; and 8. number of peremptory challenges per party. w _ F. FILING OF PRE-TRIAL STIPULATION. Failure to file the Pre-Trial Stipulation or a Court Approved Unilateral Stipulation as above provided may result in tha eace heina ctricken fram the Canrt’o calendar at ite canndina ar ather Ih uw Case Oting Suse ion uw UOurs Cammuar ae NG goummeng OF Culer sanctions. G. ADDITIONAL EXHIBITS, WITNESSES OR OBJECTIONS. At trial, the Page 2 0f 5Case No. 50-2020-CA-0 10576-XXXX-MB 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. H. DISCOVERY. Unless otherwise agreed in the Pre-Trial Stipulation, all discovery must be completed no later than10 DAYS BEFORE THE DATE SET FOR CALENDAR CALL, absent agreement for later discovery specifically stated in the Pre-Trial Stipulation or for other good cause shown. I. 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 thanS_ 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 1200. Motions for Summary Judgment will not be heard at any pre-trial conference. J. DAUBERT MOTIONS AND MOTIONS IN LIMINE: Daubert motions and motions in limine shall be filed, scheduled and heard prior to Calendar Call. K. UNIQUE QUESTIONS OF LAW. 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. L. MODIFICATION TO UNIFORM PRE-TRIAL PROCEDURE. Upon written Siipitlaiion GT tie pallies Thea With tie Goui, tie Pie-Thal Procedure, except Tor items II D-F, inclusive, may be modified in accordance with the parties’ stipulation, except to the extent that the stipulation may interfere with the Court’s scheduling of the matter for trial or hinder the orderly progress of the trial. M. PRE-MARKING EXHIBITS. BEFORE TRIAL, each party shall contact the clerk for pre-marking instructions (561) 355-2986. N. DEPOSITION DESIGNATIONS. No later than20_ DAYS PRIOR TO 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 obiections to counter designations served by an opposing party. Ill. MEDIATION Page 3 of 5Case No. 50-2020-CA-0 10576-XXXX-MB A. All parties are required to participate in mediation. 1, 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. 2. 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 an attorney or party filing the summary wishes its cantant ta ramain eanfidential he/che nmmuct advice the mediatar in writing when COmome eO TOMAM COMUNGCMads, oeySue TiuseaGViow ue tueGiaol un Walulig, Wanear the report is filed. 3. All discussions, representations, and statements made at the mediation conference shall be privileged consistent with Florida Statutes sections 44.102 and 90.408. 4. 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 1.730(b), unless waived. B. 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. C. 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 otrinban and athar cantinne mau he imnoced SuICKen, Gia Cuier sareuone Lay OC Mposea. D. Any party opposing mediation may proceed under Florida Rule of Civil Procedure 1.700(b). 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 2.310-4/13, please ensure that primary and secondary email addresses are registered with Court Administration at www. 1 5thcircuit.com/onlineservices . The filing of an email designation with the Clerk's Office is NOT a registration with Court Administration for judicial e- service of orders. If voudo not register with the 15th Circuit as set forth above. vour e- tvice address will auto- late with 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. Page 4 of 5Case No. 50-2020-CA-010576-XXXX-MB In accordance with Administrative Order 2.311-2/13, 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, this 23rd day of December, 2020. 50-2020:CA-010576-XXXX-MB 12/23/2020 Samantha Schosberg Feuer Judge COPIES TO: BCMB ENTERPRISES INC 2000 PALM BEACH LAKES No E-mail Address Available BLVD SUITE 200 WEST PALM BEACH, FL 33401 DAVE K. ROY 1665 PALM BEACH LAKES INFO@DAVEROYLAW.COM BLVD THE FORUM-SUITE B 101 WEST PALM BEACH, FL 33401 ROBIN N. KHANAL No Address Available RNK Pleadings@qpwblaw.com Page 5 of 5