Preview
ITUP OM OTITT AATIDT AT TIT
Filing #51118043 E-Filed 01/12/2017 03:33:26 PM
FOR ORANGE COUNTY, FLORIDA
CASE NUMBER: 2016-CA-010923-O
COMPLEX BUSINESS LITIGATION
COURT
HOA HAU PHU NHAN FLORIDA LLC
Plaintiff(s),
vs.
HUNG QUOC NGUYEN
TO ANH NGUYEN
LIEN NHI VU
XUAN TRA NGUYEN
LIEN NHU TON NHU HUYEN LAI
Defendant(s).
/
ORDER SETTING CASE MANAGEMENT CONFERENCE
Notice is hereby given that on April 05, 2017, at 10:30 AM in Courtroom 17-B, Orange
County Courthouse, 425 North Orange Avenue, Orlando, Florida, the undersigned shall convene
a Case Management Conference ("CMC") in this cause. All documents shall be electronically
filed with the Clerk of the Court. This case is governed by the Complex Business Litigation
Court Procedures which can be found at:
http:/Awww.ninthcircuit.org/about/divisions/civil/complex-business-litigation-court.shtml
Plaintiffs counsel is ordered to confirm all parties subsequently named or appearing
herein have been served copies of this Notice and Order. LEAD TRIAL COUNSEL AND
THEIR CLIENTS SHALL APPEAR IN PERSON FOR THE CMC PURSUANT TO BCP
RULE 6.4. [Commercial Foreclosures only: The parties are excused from appearance at the
Case Management Conference, but counsel must appear in person.] Regardless of the pendency
of any undecided motions, Trial Counsel shall meet no less than 30 days in advance of the Case
Management Conference and address the following subjects, along with other appropriate topics,
Page 1 of 5
2016-CA-010923-0including those set forth in Rule 1.200(a) Fla. R. Civ. P., some of which subjects and topics will
be incorporated into a Case Management Order:
1. A brief factual statement of the case;
2. Pleading issues, including service of process, venue, joinder of additional parties,
theories of liability, damages claimed and applicable defenses;
3. The identity and number of any motions to dismiss or other preliminary or pre-
discovery motions which have been filed and the time period in which they shall be filed, briefed
and argued;
4. A discovery plan and schedule including the length of the discovery period, the
anticipated number of fact and expert depositions to be permitted and, as appropriate, the length
and sequence of such depositions;
5. Anticipated areas of any expert testimony, timing for identification of experts,
responses to expert discovery, and exchange of expert reports;
6. An estimate of the volume of documents and computerized information likely to be the
subject of discovery from parties and nonparties and whether there are technological means
which may render document discovery more manageable at an acceptable cost;
7. The advisability of using the general magistrate or special magistrate for fact finding,
mediation, or discovery disputes or such other matters as the parties may agree upon;
8. The time period after the close of discovery within which post-discovery dispositive
motions shall be filed, briefed and argued and a tentative schedule for such activities;
9. The possibility of settlement and the timing of alternative dispute resolution,
including the selection of a mediator or arbitrator(s);
Page 2 of 5
2016-CA-010923-010. Whether or not a party or parties desire to use technologically advanced methods of
presentation or court-reporting and, to the extent that this is the case, a determination of the
following:
(a) Fairness issues, including but not necessarily limited to use of such capabilities by
some but not all of the parties and/or by parties whose resources permit or require variations in
the use of such capabilities;
(b) Issues related to compatibility of court and party facilities and equipment;
(c) Issues related to the use of demonstrative exhibits and any balancing of
relevance and potential prejudice which may need to occur in connection with such exhibits;
(d) Such other issues related to the use of the Court's and parties' special technological
facilities as may be raised by any party or the Court or its technological advisor, given the nature
of the case and the resources of the parties.
11. A good faith estimate by counsel for each party based upon consultation with all of
the parties of the attorney’s fees and costs each party is likely to incur in pursuing the litigation
through trial court adjudication;
12. A preliminary listing of the principal legal and factual issues which counsel believes
will need to be decided in the case;
13. A preliminary listing of any legal principles and facts that are not in dispute;
14. A good faith estimate by counsel for each party of the length of time to try the case;
15. Whether a demand for jury trial has been made;
16. The deadline for filing motions in limine;
17. The track to which the case will be assigned. The Complex Business Litigation Court
Page 3 of 5
2016-CA-010923-0typically employs the following management tracks: Business Expedited (Target Trial Date
within 13 months of complaint); Business Standard (Target Trial Date within 18 months of
complaint); and Business Complex. (Target Trial Date within two years of complaint) and
Complex Construction. If the case is a Complex Construction case, then the following topics
shall also be addressed:
18. The selection of a Special Magistrate to be used in the case and the compensation for
the Special Magistrate;
19. Whether the parties will produce discovery through disc exchange or through a
virtual depository. If the parties select a virtual depository, then the parties shall designate a
cloud depository service;
20. The selection of a court reporting service to be used in the case;
21. The selection of a mediator to be used in the case;
22. Deadlines for destructive testing and extrapolation support testing.
Within ten (10) days of the meeting among Trial Counsel, but no less than ten (10) days
in advance of the Case Management Conference, the Parties shall file a Joint Case Management
Report pursuant to Rule 6.3 addressing the matters described in paragraphs 1 - 22 above. If the
case is a Complex Construction case, Plaintiff shall serve a Preliminary Defect List on all parties
at least ten (10) calendar days in advance of the Case Management Conference. The Preliminary
Defect List shall provide Defendants with sufficient information to identify which, if any,
additional parties should be joined in the action.
All counsel and parties are responsible for filing the Joint Case Management Report in
full compliance with this Order. Plaintiff's counsel shall have the primary responsibility to
Page 4 of 5
2016-CA-010923-0coordinate the meeting of Lead Trial Counsel and unrepresented parties in person, and the filing
of the Joint Case Management Report. If counsel is unable to coordinate such compliance,
counsel shall timely notify the Court by written motion or request for a status conference.
DONE AND ORDERED in Orlando, Orange County, Florida on this il day of January, 2017.
ircuit Judge
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that the foregoing was filed with the Clerk of the Court this Neh.
day of January, 2017 by using the Florida Courts E-Filing Portal System. Accordingly, a copy of
the foregoing is being served on this day to all attorney(s)/interested parties identified on the
ePortal Electronic Service List, via transmission of Notices of Electronic Filing generated by the
ePortal System.
I HEREBY CERTIFY that a copy of the foregoing was furnished on this VO. day of
January, 2017 by U.S. Mail to:
Hung Quoc Nguyen 331 Bella Vida Blvd Orlando Fl 32828
To Anh Nguyen 33134 Lake Shore Drive Tavares Fl 32778
Lien Nhi Vu 14752 San Marsala Court Tampa Fl 33626
Xuan Tra Nguyen 5409 Oak Terrace Drive Orlando Fl 32839
Lien Nhu Ton Nhu Huyen 8910 N Dale Mabry No 5 Tampa Fl 33614
Lai
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 ADA Coordinator, Human
Resources, Orange County Courthouse, 425 N. Orange Avenue, Suite 510,
Orlando, Florida, (407) 836-2303, 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.
Page 5 of 5
2016-CA-010923-0
Preview
ITUP OM OTITT AATIDT AT TIT Filing #51118043 E-Filed 01/12/2017 03:33:26 PM FOR ORANGE COUNTY, FLORIDA CASE NUMBER: 2016-CA-010923-O COMPLEX BUSINESS LITIGATION COURT HOA HAU PHU NHAN FLORIDA LLC Plaintiff(s), vs. HUNG QUOC NGUYEN TO ANH NGUYEN LIEN NHI VU XUAN TRA NGUYEN LIEN NHU TON NHU HUYEN LAI Defendant(s). / ORDER SETTING CASE MANAGEMENT CONFERENCE Notice is hereby given that on April 05, 2017, at 10:30 AM in Courtroom 17-B, Orange County Courthouse, 425 North Orange Avenue, Orlando, Florida, the undersigned shall convene a Case Management Conference ("CMC") in this cause. All documents shall be electronically filed with the Clerk of the Court. This case is governed by the Complex Business Litigation Court Procedures which can be found at: http:/Awww.ninthcircuit.org/about/divisions/civil/complex-business-litigation-court.shtml Plaintiffs counsel is ordered to confirm all parties subsequently named or appearing herein have been served copies of this Notice and Order. LEAD TRIAL COUNSEL AND THEIR CLIENTS SHALL APPEAR IN PERSON FOR THE CMC PURSUANT TO BCP RULE 6.4. [Commercial Foreclosures only: The parties are excused from appearance at the Case Management Conference, but counsel must appear in person.] Regardless of the pendency of any undecided motions, Trial Counsel shall meet no less than 30 days in advance of the Case Management Conference and address the following subjects, along with other appropriate topics, Page 1 of 5 2016-CA-010923-0including those set forth in Rule 1.200(a) Fla. R. Civ. P., some of which subjects and topics will be incorporated into a Case Management Order: 1. A brief factual statement of the case; 2. Pleading issues, including service of process, venue, joinder of additional parties, theories of liability, damages claimed and applicable defenses; 3. The identity and number of any motions to dismiss or other preliminary or pre- discovery motions which have been filed and the time period in which they shall be filed, briefed and argued; 4. A discovery plan and schedule including the length of the discovery period, the anticipated number of fact and expert depositions to be permitted and, as appropriate, the length and sequence of such depositions; 5. Anticipated areas of any expert testimony, timing for identification of experts, responses to expert discovery, and exchange of expert reports; 6. An estimate of the volume of documents and computerized information likely to be the subject of discovery from parties and nonparties and whether there are technological means which may render document discovery more manageable at an acceptable cost; 7. The advisability of using the general magistrate or special magistrate for fact finding, mediation, or discovery disputes or such other matters as the parties may agree upon; 8. The time period after the close of discovery within which post-discovery dispositive motions shall be filed, briefed and argued and a tentative schedule for such activities; 9. The possibility of settlement and the timing of alternative dispute resolution, including the selection of a mediator or arbitrator(s); Page 2 of 5 2016-CA-010923-010. Whether or not a party or parties desire to use technologically advanced methods of presentation or court-reporting and, to the extent that this is the case, a determination of the following: (a) Fairness issues, including but not necessarily limited to use of such capabilities by some but not all of the parties and/or by parties whose resources permit or require variations in the use of such capabilities; (b) Issues related to compatibility of court and party facilities and equipment; (c) Issues related to the use of demonstrative exhibits and any balancing of relevance and potential prejudice which may need to occur in connection with such exhibits; (d) Such other issues related to the use of the Court's and parties' special technological facilities as may be raised by any party or the Court or its technological advisor, given the nature of the case and the resources of the parties. 11. A good faith estimate by counsel for each party based upon consultation with all of the parties of the attorney’s fees and costs each party is likely to incur in pursuing the litigation through trial court adjudication; 12. A preliminary listing of the principal legal and factual issues which counsel believes will need to be decided in the case; 13. A preliminary listing of any legal principles and facts that are not in dispute; 14. A good faith estimate by counsel for each party of the length of time to try the case; 15. Whether a demand for jury trial has been made; 16. The deadline for filing motions in limine; 17. The track to which the case will be assigned. The Complex Business Litigation Court Page 3 of 5 2016-CA-010923-0typically employs the following management tracks: Business Expedited (Target Trial Date within 13 months of complaint); Business Standard (Target Trial Date within 18 months of complaint); and Business Complex. (Target Trial Date within two years of complaint) and Complex Construction. If the case is a Complex Construction case, then the following topics shall also be addressed: 18. The selection of a Special Magistrate to be used in the case and the compensation for the Special Magistrate; 19. Whether the parties will produce discovery through disc exchange or through a virtual depository. If the parties select a virtual depository, then the parties shall designate a cloud depository service; 20. The selection of a court reporting service to be used in the case; 21. The selection of a mediator to be used in the case; 22. Deadlines for destructive testing and extrapolation support testing. Within ten (10) days of the meeting among Trial Counsel, but no less than ten (10) days in advance of the Case Management Conference, the Parties shall file a Joint Case Management Report pursuant to Rule 6.3 addressing the matters described in paragraphs 1 - 22 above. If the case is a Complex Construction case, Plaintiff shall serve a Preliminary Defect List on all parties at least ten (10) calendar days in advance of the Case Management Conference. The Preliminary Defect List shall provide Defendants with sufficient information to identify which, if any, additional parties should be joined in the action. All counsel and parties are responsible for filing the Joint Case Management Report in full compliance with this Order. Plaintiff's counsel shall have the primary responsibility to Page 4 of 5 2016-CA-010923-0coordinate the meeting of Lead Trial Counsel and unrepresented parties in person, and the filing of the Joint Case Management Report. If counsel is unable to coordinate such compliance, counsel shall timely notify the Court by written motion or request for a status conference. DONE AND ORDERED in Orlando, Orange County, Florida on this il day of January, 2017. ircuit Judge CERTIFICATE OF SERVICE I HEREBY CERTIFY that the foregoing was filed with the Clerk of the Court this Neh. day of January, 2017 by using the Florida Courts E-Filing Portal System. Accordingly, a copy of the foregoing is being served on this day to all attorney(s)/interested parties identified on the ePortal Electronic Service List, via transmission of Notices of Electronic Filing generated by the ePortal System. I HEREBY CERTIFY that a copy of the foregoing was furnished on this VO. day of January, 2017 by U.S. Mail to: Hung Quoc Nguyen 331 Bella Vida Blvd Orlando Fl 32828 To Anh Nguyen 33134 Lake Shore Drive Tavares Fl 32778 Lien Nhi Vu 14752 San Marsala Court Tampa Fl 33626 Xuan Tra Nguyen 5409 Oak Terrace Drive Orlando Fl 32839 Lien Nhu Ton Nhu Huyen 8910 N Dale Mabry No 5 Tampa Fl 33614 Lai 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 ADA Coordinator, Human Resources, Orange County Courthouse, 425 N. Orange Avenue, Suite 510, Orlando, Florida, (407) 836-2303, 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. Page 5 of 5 2016-CA-010923-0