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Filing # 111453803 E-Filed 08/07/2020 12:32:18 PM
IN THE CIRCUIT COURT
FOURTEENTH JUDICIAL CIRCUIT
OF THE STATE OF FLORIDA
IN AND FOR BAY COUNTY
CASE NO.: 2019-4405-CA
PATSY J. ODOM,
Plaintiff,
v.
TOWER HILL SIGNATURE
INSURANCE COMPANY, a Florida
Insurance corporation,
Defendant.
AMENDED
ORDER SETTING CAUSE FOR JURY TRIAL AND PRE-TRIAL
THIS CAUSE being at issue and the Court being otherwise fully advised of
the premises, it is hereby
ORDERED AND ADJUDGED as follows:
1. The above titled cause is hereby set for JURY TRIAL during the week of
February 15, 2021, commencing at 9:00 a.m., CST, or as soon thereafter
as counsel may be heard. This cause is currently number five (5) on the
trial docket. Jury selection will be held on February 15, 2021,
commencing at 9:00 a.m., CST.
2. A PRE-TRIAL CONFERENCE shall be held in Chambers before the
Honorable John L. Fishel, II, Circuit Judge, at the Bay County Courthouse,
300 E. 4th Street, Panama City, Florida, on January 5, 2021, for thirty
(30) minutes, commencing at 9:30 a.m., CST, pursuant to Rule 1.200,
Florida Rules of Civil Procedure, to consider all matters suggested therein
and to simplify the issues to expedite the trial of this cause.INITIAL DISCLOSURES. Within two weeks from the date of this
Order, each party shall furnish and produce to all other parties and file
directly with the Clerk of Court a list of names and addresses of witnesses
who are known and expected to testify at the trial of this cause, including
expert witnesses, rebuttal, and impeachment witnesses.
FINAL DISCLOSURES. On or before September 18, 2020, counsel for
Plaintiff shall furnish and produce to all other parties and file directly with
the Clerk of Court a list of names and addresses of ALL witnesses that are
expected to testify, including expert, rebuttal, and impeachment witnesses.
In addition, on the same date, counsel for Plaintiff shall furnish and
produce to all other parties a written report of opinions from expert
witnesses identified in Plaintiff's witness list. On or before October 2,
2020, counsel for Defendant shall furnish and produce to all other parties
a list of names and addresses of ALL witnesses that are expected to testify,
including expert, rebuttal, and impeachment witnesses. In addition, on the
same date, counsel for Defendant shall furnish and produce to all other
parties a written report of opinions from expert witnesses identified in
Defendant’s witness list.
EXHIBITS. At least seven (7) days prior to the Pre-Trial Conference, all
parties shall disclose to all other parties any exhibits that are expected to
be used at trial.
MEDIATION. This matter shall be referred to mediation and mediation
shall occur and be concluded no later than sixty (60) days prior to the
scheduled trial date. Failure to attend mediation shall result in the
imposition of sanctions on the party or counsel not in attendance. Upon
conclusion of mediation, the mediator shall file the written report with the
Court.
Attorneys for all parties are directed to meet together by agreement,
initiated by counsel for Plaintiff, no later than fifteen (15) days before the
Pre-Trial Conference, to:
a. Mark all exhibits for identification and prepare a chronological
exhibit list for use of the Clerk of Court at trial. Actual exhibits and
documentation evidence shall be available for inspection at this
time.10.
b. Stipulate to the admission of exhibits or list specific objections, if
any.
c. Stipulate as to any matter of fact or law about which there is no issue,
to avoid unnecessary proof.
d. Review all depositions which are to be offered for any purpose other
than impeachment to resolve objections to the portions to be offered
in evidence.
e. Discuss the possibility of settlement.
f. Submit an itemized statement of special damages plaintiff expects
to prove.
g. Discuss and complete any other matters which may simplify the
issues or aid in speedy disposition of this action, its Pre-Trial
Conference, and Trial.
h. Draft one Pre-Trial Conference Order (using the attached form),
signed by all participating counsel that shall be submitted
DIRECTLY to the Court at least three (3) days prior to the Pre-Trial
Conference. In the event the parties are unable to agree on any
matter in the Pre-Trial Conference Order, they shall leave the matter
blank and same will be resolved at the Pre-Trial Conference.
All motions, including motions in limine and motions for summary
judgment, shall be filed and heard prior to the Pre-Trial Conference. All
motions not heard by the Pre-Trial Conference shall be deemed abandoned.
DISCOVERY. All discovery shall be concluded at least fifteen (15) days
prior to the scheduled Pre-Trial Conference date. The conducting of
discovery subsequent to the Pre-Trial Conference shall be permitted only
upon petition to the Court for good cause shown and which will not delay
the trial of this cause.
JURY INSTRUCTIONS. Each party shall submit to the Court, with
copies to opposing counsel, written jury instructions and proposed verdictforms at least five (5) calendar days prior to the scheduled date of jury
selection. Each jury instruction shall appear on a separate sheet of paper;
shall be plainly marked with the name and number of the case; shall
contain citations of supporting authorities, if any; shall designate the party
submitting the instructions; and shall be numbered in sequence. Counsel
should confer prior to trial and attempt to agree as to the jury instructions
and verdict forms. This paragraph shall not foreclose the right of each party
to modify instructions up to and including the instruction conference at the
close of evidence. Any party who intends to request that the Court provide
a set of written jury instructions for the jury’s consideration during
deliberation shall be responsible for providing a clean copy of full jury
instructions to the Court.
11. Failure to comply with the requirements of this Order shall subject counsel
to such sanctions as the Court shall deem just and proper under the
circumstances.
12. The parties shall take all reasonable and necessary measures to assure the
availability of their witnesses for the entire trial period or to otherwise
preserve their testimony for trial as provided by the Florida Rules of Civil
Procedure.
13. Counsel shall immediately notify this Court in the event of settlement and
submit a stipulation for an order of dismissal and a final disposition form.
DONE AND ORDERED in chambers, Bay County, Florida, this 7 day of
August, 2020.
JOHN L. FISHEL, TI
CIRCUIT JUDGE
CERTIFICATE OF SERVICEI HEREBY CERTIFY that a true and exact copy of the foregoing has been
provided via e-portal to Jay W. Manuel, Esq., jay@manuelthompson.com and
Nicole M. Fluet, Esq., ofluet@gallowaylawfirm.com;
tampaservice@gallowaylawfirm.com; sculleton@gallowaylawfirm.com on this _7
day of August, 2020.
Judy Reese
Judy Reese
Judicial Assistant
“AMERICANS WITH DISABILITIES ACT”
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 BY MAIL AT POST OFFICE BOX 1089, PANAMA CITY,
FLORIDA 32402, OR BY PHONE AT (850) 747-5338, AT LEAST SEVEN (7)
DAYS BEFORE YOUR SCHEDULED COURT APPEARANCE, OR
IMMEDIATELY UPON RECEIVING THIS NOTIFICATION IF THE TIME
BEFORE THE SCHEDULED APPEARANCE IS LESS THAN SEVEN (7)
DAYS. IF YOU ARE HEARING OR VOICE IMPAIRED, CALL 711.
Preview
Filing # 111453803 E-Filed 08/07/2020 12:32:18 PM IN THE CIRCUIT COURT FOURTEENTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA IN AND FOR BAY COUNTY CASE NO.: 2019-4405-CA PATSY J. ODOM, Plaintiff, v. TOWER HILL SIGNATURE INSURANCE COMPANY, a Florida Insurance corporation, Defendant. AMENDED ORDER SETTING CAUSE FOR JURY TRIAL AND PRE-TRIAL THIS CAUSE being at issue and the Court being otherwise fully advised of the premises, it is hereby ORDERED AND ADJUDGED as follows: 1. The above titled cause is hereby set for JURY TRIAL during the week of February 15, 2021, commencing at 9:00 a.m., CST, or as soon thereafter as counsel may be heard. This cause is currently number five (5) on the trial docket. Jury selection will be held on February 15, 2021, commencing at 9:00 a.m., CST. 2. A PRE-TRIAL CONFERENCE shall be held in Chambers before the Honorable John L. Fishel, II, Circuit Judge, at the Bay County Courthouse, 300 E. 4th Street, Panama City, Florida, on January 5, 2021, for thirty (30) minutes, commencing at 9:30 a.m., CST, pursuant to Rule 1.200, Florida Rules of Civil Procedure, to consider all matters suggested therein and to simplify the issues to expedite the trial of this cause.INITIAL DISCLOSURES. Within two weeks from the date of this Order, each party shall furnish and produce to all other parties and file directly with the Clerk of Court a list of names and addresses of witnesses who are known and expected to testify at the trial of this cause, including expert witnesses, rebuttal, and impeachment witnesses. FINAL DISCLOSURES. On or before September 18, 2020, counsel for Plaintiff shall furnish and produce to all other parties and file directly with the Clerk of Court a list of names and addresses of ALL witnesses that are expected to testify, including expert, rebuttal, and impeachment witnesses. In addition, on the same date, counsel for Plaintiff shall furnish and produce to all other parties a written report of opinions from expert witnesses identified in Plaintiff's witness list. On or before October 2, 2020, counsel for Defendant shall furnish and produce to all other parties a list of names and addresses of ALL witnesses that are expected to testify, including expert, rebuttal, and impeachment witnesses. In addition, on the same date, counsel for Defendant shall furnish and produce to all other parties a written report of opinions from expert witnesses identified in Defendant’s witness list. EXHIBITS. At least seven (7) days prior to the Pre-Trial Conference, all parties shall disclose to all other parties any exhibits that are expected to be used at trial. MEDIATION. This matter shall be referred to mediation and mediation shall occur and be concluded no later than sixty (60) days prior to the scheduled trial date. Failure to attend mediation shall result in the imposition of sanctions on the party or counsel not in attendance. Upon conclusion of mediation, the mediator shall file the written report with the Court. Attorneys for all parties are directed to meet together by agreement, initiated by counsel for Plaintiff, no later than fifteen (15) days before the Pre-Trial Conference, to: a. Mark all exhibits for identification and prepare a chronological exhibit list for use of the Clerk of Court at trial. Actual exhibits and documentation evidence shall be available for inspection at this time.10. b. Stipulate to the admission of exhibits or list specific objections, if any. c. Stipulate as to any matter of fact or law about which there is no issue, to avoid unnecessary proof. d. Review all depositions which are to be offered for any purpose other than impeachment to resolve objections to the portions to be offered in evidence. e. Discuss the possibility of settlement. f. Submit an itemized statement of special damages plaintiff expects to prove. g. Discuss and complete any other matters which may simplify the issues or aid in speedy disposition of this action, its Pre-Trial Conference, and Trial. h. Draft one Pre-Trial Conference Order (using the attached form), signed by all participating counsel that shall be submitted DIRECTLY to the Court at least three (3) days prior to the Pre-Trial Conference. In the event the parties are unable to agree on any matter in the Pre-Trial Conference Order, they shall leave the matter blank and same will be resolved at the Pre-Trial Conference. All motions, including motions in limine and motions for summary judgment, shall be filed and heard prior to the Pre-Trial Conference. All motions not heard by the Pre-Trial Conference shall be deemed abandoned. DISCOVERY. All discovery shall be concluded at least fifteen (15) days prior to the scheduled Pre-Trial Conference date. The conducting of discovery subsequent to the Pre-Trial Conference shall be permitted only upon petition to the Court for good cause shown and which will not delay the trial of this cause. JURY INSTRUCTIONS. Each party shall submit to the Court, with copies to opposing counsel, written jury instructions and proposed verdictforms at least five (5) calendar days prior to the scheduled date of jury selection. Each jury instruction shall appear on a separate sheet of paper; shall be plainly marked with the name and number of the case; shall contain citations of supporting authorities, if any; shall designate the party submitting the instructions; and shall be numbered in sequence. Counsel should confer prior to trial and attempt to agree as to the jury instructions and verdict forms. This paragraph shall not foreclose the right of each party to modify instructions up to and including the instruction conference at the close of evidence. Any party who intends to request that the Court provide a set of written jury instructions for the jury’s consideration during deliberation shall be responsible for providing a clean copy of full jury instructions to the Court. 11. Failure to comply with the requirements of this Order shall subject counsel to such sanctions as the Court shall deem just and proper under the circumstances. 12. The parties shall take all reasonable and necessary measures to assure the availability of their witnesses for the entire trial period or to otherwise preserve their testimony for trial as provided by the Florida Rules of Civil Procedure. 13. Counsel shall immediately notify this Court in the event of settlement and submit a stipulation for an order of dismissal and a final disposition form. DONE AND ORDERED in chambers, Bay County, Florida, this 7 day of August, 2020. JOHN L. FISHEL, TI CIRCUIT JUDGE CERTIFICATE OF SERVICEI HEREBY CERTIFY that a true and exact copy of the foregoing has been provided via e-portal to Jay W. Manuel, Esq., jay@manuelthompson.com and Nicole M. Fluet, Esq., ofluet@gallowaylawfirm.com; tampaservice@gallowaylawfirm.com; sculleton@gallowaylawfirm.com on this _7 day of August, 2020. Judy Reese Judy Reese Judicial Assistant “AMERICANS WITH DISABILITIES ACT” 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 BY MAIL AT POST OFFICE BOX 1089, PANAMA CITY, FLORIDA 32402, OR BY PHONE AT (850) 747-5338, AT LEAST SEVEN (7) DAYS BEFORE YOUR SCHEDULED COURT APPEARANCE, OR IMMEDIATELY UPON RECEIVING THIS NOTIFICATION IF THE TIME BEFORE THE SCHEDULED APPEARANCE IS LESS THAN SEVEN (7) DAYS. IF YOU ARE HEARING OR VOICE IMPAIRED, CALL 711.