Preview
Filing # 129646535 E-Filed 06/28/2021 03:44:56 PM
IN THE CIRCUIT COURT
OF THE FOURTEENTH JUDICIAL CIRCUIT,
IN AND FOR BAY COUNTY, FLORIDA
CASE NUMBER: 03-2019-CA-003803-CA
JFISHEL - Circuit Civil Division
CHRISTINE GRAHAM
ESTATE OF JORDAN WHITSETT
ASHLEY GROSS
SONYA COLE,
Plaintiff,
=“VS-
TOMMY FORD
J WILLIAMS,
Defendant.
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 Monday, March 14,
2022, commencing at 9:00 am, CST or as soon thereafter as counsel may be heard. This cause
is currently number seven (7) on the trial docket. Jury selection will be held on Monday,
March 14, 2022, commencing at 9:00 am, CST.
2. A PRE-TRIAL CONFERENCE shall be held in Chambers before the Honorable John L.
Fishel, I, Circuit Judge, at the Bay County Courthouse, 300 E. 4th Street, Panama City,
Florida, on Monday, February 21, 2022, for thirty (30) minutes, commencing at 10:30
am 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.
3. 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
03-2019-CA-003803-CA Page 1of 9
and addresses of witnesses who are known and expected to testify at the trial of this cause,
including expert witnesses, rebuttal, and impeachment witnesses.
4. FINAL DISCLOSURES. On or before Friday, September 03, 2021, 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
Plaintiffs witness list. On or before Friday, September 17, 2021, 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.
5. 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.
6. 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.
7. 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.
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.
03-2019-CA-003803-CA Page 2 of 9
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.
8. 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.
9. 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.
10. JURY INSTRUCTIONS. Each party shall submit to the Court, with copies to opposing
counsel, written jury instructions and proposed verdict forms 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 Panama City, Bay County, Florida, on Monday, June 28, 2021.
03-2019-CA-003803-CA Page 3 of 9
pee BC ee
John L. Fishel, ll, Judge
03-2019-CA-003803-CA 06/28/2021 02:36:04 PM
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that copies have been furnished by U.S. Mail or via filing with the Florida
Courts E-Filing Portal on Monday, June 28, 2021 to the following:
“Us, b.,
Judy Reese, Judicial Assistant
03-2019-CA-003803-CA 06/28/2021 02:43:07 PM
MARIE A MATTOX guardian of HE
marie @ mattoxlaw.com marie @ mattoxlaw.com
michelle @mattoxlaw.com michelle @ mattoxlaw.com
marlene @ mattoxlaw.com marlene @mattoxlaw.com
WILLIAM PAFFORD
GWENDOLYN PALMER ADKINS. wpafford@coppinsmonroe.com
gadkins @coppinsmonroe.com bmiller@coppinsmonroe.com
adelk @coppinsmonroe.com
J WILLIAMS Emerson Flowers
3421 N HIGHWAY 77
PANAMA CITY, FL 32405
emerson @mattoxlaw , com
“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
03-2019-CA-003803-CA Page 4 of 9
certain assistance. Please contact the ADA Coordinator by mail at Post Office Box
1089, Panama City, FL 32402 or by phone at (850) 767-3550 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, please call 711.
03-2019-CA-003803-CAs—s—<—~sSCSiage Sf
IN THE CIRCUIT COURT
OF THE FOURTEENTH JUDICIAL CIRCUIT,
IN AND FOR BAY COUNTY, FLORIDA
CASE NUMBER: 03-2019-CA-003803-CA
JFISHEL - Circuit Civil Division
CHRISTINE GRAHAM
ESTATE OF JORDAN WHITSETT
ASHLEY GROSS
SONYA COLE,
Plaintiff,
-VS-
TOMMY FORD
J WILLIAMS,
Defendant.
UNIFORM PRE-TRIAL CONFERENCE ORDER
URY TRIAL
Present:
for Plaintiff.
for Defendant.
1. Statement of case:
03-2019-CA-003803-CA Page 6 of 9
2. Amendments to pleadings:
3. Issues:
4, Number of peremptory challenges:
5. Admissions to avoid unnecessary proof:
6. List of witnesses with addresses attached.
7. Any problems with attendance of witnesses:
8. Limitations on the number of witnesses (e.g. expert witness, before and after witnesses, etc.,
to prevent cumulative testimony):
9. List of special damages attached with stipulations as to relevance, materiality,
reasonableness and/or necessity.
10. Other and routine matters of law, evidence or procedures that may arise, with attached
memoranda when anticipated to be necessary:
03-2019-CA-003803-CA Page 7 of 9
11. Time allowed for each opening statement:
12. Time allowed for each closing argument:
13. Stipulations (checked):
a) Less than 6 jurors if one becomes incapacitated
b) Use of expert testimony anytime
c) Waive x-ray technicians ee
d) Waive records custodians ee
e) Waive photographers
f) Copies of ordinances or foreign laws
g) Other
14. Necessity of taking judicial notice:
15. Estimated length of trial:
16. — Resolution of any objections to depositions to be read into evidence:
17. View of scene necessary:
18. Any elements of surprise or surveillance:
19. — All discovery complete:
20. List of pending motions:
03-2019-CA-003803-CA—s—
Preview
Filing # 129646535 E-Filed 06/28/2021 03:44:56 PM IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT, IN AND FOR BAY COUNTY, FLORIDA CASE NUMBER: 03-2019-CA-003803-CA JFISHEL - Circuit Civil Division CHRISTINE GRAHAM ESTATE OF JORDAN WHITSETT ASHLEY GROSS SONYA COLE, Plaintiff, =“VS- TOMMY FORD J WILLIAMS, Defendant. 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 Monday, March 14, 2022, commencing at 9:00 am, CST or as soon thereafter as counsel may be heard. This cause is currently number seven (7) on the trial docket. Jury selection will be held on Monday, March 14, 2022, commencing at 9:00 am, CST. 2. A PRE-TRIAL CONFERENCE shall be held in Chambers before the Honorable John L. Fishel, I, Circuit Judge, at the Bay County Courthouse, 300 E. 4th Street, Panama City, Florida, on Monday, February 21, 2022, for thirty (30) minutes, commencing at 10:30 am 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. 3. 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 03-2019-CA-003803-CA Page 1of 9 and addresses of witnesses who are known and expected to testify at the trial of this cause, including expert witnesses, rebuttal, and impeachment witnesses. 4. FINAL DISCLOSURES. On or before Friday, September 03, 2021, 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 Plaintiffs witness list. On or before Friday, September 17, 2021, 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. 5. 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. 6. 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. 7. 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. 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. 03-2019-CA-003803-CA Page 2 of 9 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. 8. 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. 9. 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. 10. JURY INSTRUCTIONS. Each party shall submit to the Court, with copies to opposing counsel, written jury instructions and proposed verdict forms 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 Panama City, Bay County, Florida, on Monday, June 28, 2021. 03-2019-CA-003803-CA Page 3 of 9 pee BC ee John L. Fishel, ll, Judge 03-2019-CA-003803-CA 06/28/2021 02:36:04 PM CERTIFICATE OF SERVICE I HEREBY CERTIFY that copies have been furnished by U.S. Mail or via filing with the Florida Courts E-Filing Portal on Monday, June 28, 2021 to the following: “Us, b., Judy Reese, Judicial Assistant 03-2019-CA-003803-CA 06/28/2021 02:43:07 PM MARIE A MATTOX guardian of HE marie @ mattoxlaw.com marie @ mattoxlaw.com michelle @mattoxlaw.com michelle @ mattoxlaw.com marlene @ mattoxlaw.com marlene @mattoxlaw.com WILLIAM PAFFORD GWENDOLYN PALMER ADKINS. wpafford@coppinsmonroe.com gadkins @coppinsmonroe.com bmiller@coppinsmonroe.com adelk @coppinsmonroe.com J WILLIAMS Emerson Flowers 3421 N HIGHWAY 77 PANAMA CITY, FL 32405 emerson @mattoxlaw , com “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 03-2019-CA-003803-CA Page 4 of 9 certain assistance. Please contact the ADA Coordinator by mail at Post Office Box 1089, Panama City, FL 32402 or by phone at (850) 767-3550 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, please call 711. 03-2019-CA-003803-CAs—s—<—~sSCSiage Sf IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT, IN AND FOR BAY COUNTY, FLORIDA CASE NUMBER: 03-2019-CA-003803-CA JFISHEL - Circuit Civil Division CHRISTINE GRAHAM ESTATE OF JORDAN WHITSETT ASHLEY GROSS SONYA COLE, Plaintiff, -VS- TOMMY FORD J WILLIAMS, Defendant. UNIFORM PRE-TRIAL CONFERENCE ORDER URY TRIAL Present: for Plaintiff. for Defendant. 1. Statement of case: 03-2019-CA-003803-CA Page 6 of 9 2. Amendments to pleadings: 3. Issues: 4, Number of peremptory challenges: 5. Admissions to avoid unnecessary proof: 6. List of witnesses with addresses attached. 7. Any problems with attendance of witnesses: 8. Limitations on the number of witnesses (e.g. expert witness, before and after witnesses, etc., to prevent cumulative testimony): 9. List of special damages attached with stipulations as to relevance, materiality, reasonableness and/or necessity. 10. Other and routine matters of law, evidence or procedures that may arise, with attached memoranda when anticipated to be necessary: 03-2019-CA-003803-CA Page 7 of 9 11. Time allowed for each opening statement: 12. Time allowed for each closing argument: 13. Stipulations (checked): a) Less than 6 jurors if one becomes incapacitated b) Use of expert testimony anytime c) Waive x-ray technicians ee d) Waive records custodians ee e) Waive photographers f) Copies of ordinances or foreign laws g) Other 14. Necessity of taking judicial notice: 15. Estimated length of trial: 16. — Resolution of any objections to depositions to be read into evidence: 17. View of scene necessary: 18. Any elements of surprise or surveillance: 19. — All discovery complete: 20. List of pending motions: 03-2019-CA-003803-CA—s—