Court Motion,Standing Order: NEWREZ LLC, dba SHELLPOINT MORTGAGE SERVICING Plaintiff vs BRAXTON, LATIESHA T et al Defendant

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                                3/15/2022 7:30 AM FILED LEE COUNTY CLERK OF COURTS

   IN THE CIRCUIT COURT FOR THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR
        LEE COUNTY, FLORIDA                         CIVIL ACTION

NEWREZ LLC, dba SHELLPOINT MORTGAGE
SERVICING
   Plaintiff
                                                                      CASE NO:       22-CA-001090
vs
BRAXTON, LATIESHA T et al
   Defendant
_______________________________________________/

    STANDING ORDER IN RESIDENTIAL MORTGAGE FORECLOSURE CASES
                           IN LEE COUNTY
       PURSUANT to Rules 2.250 and 2.545, Florida Rules of Judicial Administration, and
Rule 1.200(a), Florida Rules of Civil Procedure, the parties are ordered to adhere to the
following information and procedures applicable to residential mortgage foreclosure civil
lawsuits:
        1. SERVICE OF THIS ORDER. The Plaintiff is directed to serve a copy of this order
with each Summons issued in this case. One copy of this Order is to be filed with the Clerk of
the Circuit Court with proof of service. The Plaintiff shall pay the appropriate statutory clerk’s
fees on copies for each Standing Order issued and attached to the Summons.
        2. CIVIL CASE MANAGEMENT PLAN. The Supreme Court of Florida has
established guidelines for the prompt processing and resolution of civil cases, and has expressly
mandated that the Court “shall take charge of all cases at an early stage in the litigation and shall
control the progress of the case thereafter until the case is determined.” Fla. R. Jud. Admin.
2.545(b). The time standard deemed by the Supreme Court of Florida to be presumptively
reasonable for the disposition of civil non-jury cases is 12 months from filing to final disposition.
Fla. R. Jud. Admin. 2.250(a)(1)(B). Accordingly, in Residential Mortgage Foreclosure cases
filed on or subsequent to May 1, 2015, and upon the filing of a responsive pleading to the
complaint, the Court will issue a Case Management Plan establishing mandatory time-frames
with the goal of resolution within 12 months.1 The parties may request that the plan be amended
by submitting a proposed agreed amended plan to the Civil Case Management Department, or if
unable to agree on an amended plan, by filing a motion with the Court for a Case Management
Conference. Trials will be scheduled before the assigned Circuit Judge, Senior Judge or may be
referred to a General Magistrate based on the trial date set forth in the Case Management Plan, or

        1
          For pending Residential Mortgage Foreclosure Cases filed prior to May 1, 2015, and which are
not scheduled for trial, the Court will issue this Standing Order and will serve copies on all parties.
Paragraph 1 above shall not apply. The assigned Circuit Judge shall issue a Case Management Plan
establishing mandatory time-frames as may be deemed appropriate by that Judge for the purpose of
ensuring the fair and timely disposition of the case, based upon the presumptively reasonable time
standards established by the Florida Supreme Court. Paragraph 2 above shall otherwise apply, as shall
the remainder of this Standing Order.
           3/15/2022 7:30 AM FILED LEE COUNTY CLERK OF COURTS

earlier than the trial date set forth in the Case Management Plan upon the filing of a notice of
readiness for trial.
        3. ALTERNATIVE DISPUTE RESOLUTION (ADR). Early mediation shall be
available pursuant to local Administrative Order No. 1.14, In re: Homestead Mediation Program
for Residential Homestead Mortgage Foreclosure Actions, which can be viewed on the website
of the Administrative Office of the Courts: http://www.ca.cjis20.org/pdf/ao/ao_1_14.pdf. In the
event that the deadlines for seeking early mediation pursuant to Administrative Order No. 1.14
have expired, and a party subsequently requests that the Court direct mediation, or the Court on
its own motion orders mediation, the general provisions of Administrative Order No. 1.14 shall
apply to any such mediation ordered.
       4. MOTIONS TO CONTINUE TRIAL. A Motion to Continue any trial must be filed
with the clerk and emailed to the Civil Case Management Department at civilcm@ca.cjis20.org.
Motions to Continue can only be heard or granted by the assigned circuit judge or by the senior
judge or upon recommendation of a magistrate presiding over the trial.
         5. SERVICE OF PLEADINGS. A copy of all pleadings or motions filed after the
initial complaint shall also be provided to the Civil Case Management Department by email or
inclusion in the electronic service list at civilCM@ca.cjis20.org.
         6. TELEPHONIC APPEARANCE. A Motion for Telephonic Appearance at any
hearing must be filed with the clerk and emailed to the Civil Case Management Department at
civilCM@ca.cjis20.org. Motions for Telephonic Appearance can only be heard or granted by the
assigned circuit judge or by the senior judge or upon recommendation of a magistrate presiding
at the hearing.
         7. RULES OF PROFESSIONALISM. The Twentieth Judicial Circuit has adopted
local Administrative Order 2.20, which sets forth standards of professional courtesy and conduct
for all counsel or pro-se litigants practicing within the Circuit. The Court requires that all parties
or counsel for parties familiarize themselves and comply with Administrative Order 2.20.
Administrative Order 2.20 may be viewed on the website of the Administrative Office of the
Courts: http://www.ca.cjis20.org/web/main/ao_admin.asp.
       DONE AND ORDERED in Chambers at Fort Myers, Lee County, Florida, on March
14, 2022.

                                                       Alane C. Laboda (electronically signed)
                                                       Civil Administrative Judge, Lee County


     *****Original on file in the office of the Circuit Clerk of Court, Lee County*****