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Filing # 88832890 E-Filed 05/01/2019 03:28:55 PM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR
CHARLOTTE COUNTY, FLORIDA CIVIL ACTION
HARRY BIBERSTEIN
Plaintiff), CASE NO.: 17000917CA
vs.
GABRIEL KIRCHBERGER, CAROL
DEVILLE, SOUTHERN SHORES
ENTERPRISES, LLC, A FLORIDA
LIMITED LIABILITY COMPANY,
MOONSTONE HOLDINGS, LLC, A
NEVADA LIMITED LIABILITY
COMPANY
Defendant(s),
/
ORDER SETTING JURY TRIAL/NON-JURY TRIAL
AND PRETRIAL CONFERENCE
THIS CAUSE having come before the Court upon the filing of a NOTICE FOR TRIAL,
and/or on the Court’s own motion pursuant to the parties Case Management Plan, and it
appearing to be otherwise at issue, pursuant to Rule 1.440, Florida Rules of Civil Procedure it is
hereby:
ORDERED AND ADJUDGED as follows:
1 Initial Pretrial Conference
The court has set an initial pretrial conference on Monday, July 08, 2019 at 9:15 AM or
as soon thereafter as may be heard.
2. Attendance at Pretrial Conference
Attendance of trial counsel at the pretrial conference is MANDATORY for the purpose of
resolving disputes in completing the attached Pretrial Conference/Trial Order form, unless counsel
submits an original signed stipulated pre-trial order directly to the Judge’s office to be received at
least three (3) days prior to the conference.
3 Trial Period
This cause is set for non-jury during the trial period beginning on Tuesday, September
10, 2019 at 9:00 AM at the Charlotte County Justice Center, 350 E. Marion Avenue, Punta Gorda,
Florida. The trial is set for 5 days. All parties shall be ready for trial at 9:00 a.m. on the first
day of said trial period. Parties not represented by an attorney should call the court (941-637-2257)
at least one week before the above trial period to obtain an exact time and date of trial. Generally
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the order in which cases are to be tried will be determined by the judge no earlier than the Final
Pretrial Conference.
4. Final PreTrial Conference
The court has set a final pretrial conference on, Monday, August 26, 2019 at 9:15 AM
or as soon thereafter as may be heard for the purpose of setting the trial date and to address any
pending issues.
5. Pre-trial Events
A Exchange of Expert & Lay Witnesses. No later than thirty (30) days prior to the
Pretrial Conference date, counsel and/or parties shall file and exchange a list of the names and yof
facts about which the witness will testify or opinion of any expert witness. This is not intended to
extend the time frames set forth in the Plan, but rather to identify those witnesses that will, in good
faith, actually be called. No party shall be permitted to call any witness not so disclosed, without
prior permission of the Court, or written stipulation executed by all parties, or if represented, their
counsel.
B Fabre Defendants. No later than thirty (30) days prior to the Pretrial Conference
date, all Defendants or other persons sought to be placed on the verdict form and against whom
some measure of liability may be assessed by the jury, must be disclosed to the court and opposing
counsel. No person or entity not so disclosed may be placed on the verdict form without good
cause shown.
Cc Meeting Before Pretrial Conference. The attomeys for all parties (initiated by
counsel for the Plaintiff) and all pro-se parties shall meet no later than ten (10) days before the
Pretrial Conference to'address the issues identified in Fla.R.Civ.P 1.200(b) and:
1 Identify all exhibits each party, in good faith, intends to offer into evidence
at trial and prepare an exhibit list for use by the Clerk and the Court at trial
(actual exhibits and documentary evidence shall be available for inspection
at this time). (This is not intended to extend the time frames set forth in the
Plan, but rather to identify those exhibits that will in good faith actually be
offered into evidence at trial). Any exhibits not so identified will not be
admissible absent prior approval of the Court or a written stipulation of all
parties.
Agree to admit or not admit evidence and list specific objections, if any.
Stipulate to any matter of fact or law about which there is no issue in order
to avoid unnecessary proof (i-e., chain of custody or records custodian
' Counsel and/or parties involved in cases to be tried without a jury need not address jury instructions or other
pretrial matters that involve a jury, and need not complete these sections of the Pretrial Conference Order.
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predicates).
Review all depositions or any other evidence which will be offered for any
purpose other than impeachment to resolve objections to the portions to be
offered in evidence.
Discuss the possibility of settlement.
If applicable, submit an itemized statement of special damages the Plaintiff
expects to prove.
If ajury trial has been demanded, discuss jury instructions and verdict forms
and reach agreement, if possible, on same.
Discuss and complete any other matters which may simplify the issues or
aid in the speedy disposition of this action, the Pretrial Conference, and trial
Draft one Pretrial Conference Order (using the attached form)”, signed by
all participating counsel and pro se parties. The Pretrial Conference Order
shall be submitted directly to the Court at least three (3) days prior to the
Initial Pretrial Conference. In the event the parties are unable to agree on all
matters in the Pretrial Conference Order, they shall leave the unagreed
matter(s) blank and same will be resolved at the Initial Pretrial Conference
with the Court.
D. Motions. Except for Motions in Limine, all motions, including the admissibility of
expert opinions pursuant to Daubert v. Merrell Dow Pharmaceuticals 509.U.S.579 (1993), shall
be filed and heard prior to the date of the Final Pretrial Conference or they are deemed abandoned.
All dispositive motions, including Motions for Summary Judgment, must be filed and scheduled
for hearing at least ten (10) days prior to the Final Pretrial Conference and must be heard no
later than 30 days prior to the commencement of the trial period. Motions in Limine must
be filed by the earlier of Final PreTrial Conference or 10 days prior to the commencement of
the trial period and must be heard no later than 10 days prior to the date of the trial. Motions
not filed and scheduled in compliance with this Order will be heard only upon a showing of good
cause.
E Discovery. Counsel shall complete all discovery, including examinations, pursuant
to the Plan, if any. The conduct of discovery subsequent to the Pretrial Conference will be allowed
only as permitted by the Plan, upon stipulation of the parties or upon Order of the Court for good
cause. Any discovery allowed subsequent to the Final Pretrial Conference shall not be a cause for
delay of the trial of this cause.
F. Alternative Dispute Resolution. All parties are required to participate in ADR in
accordance with the Florida Rules of Civil Procedure, Rule 1.700. In the event that all of the parties
subject to these proceedings have not been to mediation in the last twelve (12) months or during
? The Pretrial Conference Order can also| be downloaded from the Court’s website at
hitps://www.ca.cjis20.org/pdf/Ch
rs A WWW.ca. retri ferencesceOrder_LPorter.doc
er_LPorter.doc
the course of this case, mediation is mandatory unless otherwise ordered. The parties may stipulate
to non-binding arbitration in lieu of mediation.
G Settlement. In the event of settlement at any time prior to trial, Plaintiff's Counsel
shall immediately notify the Court and submit a stipulation for an Order of Dismissal and a Final
Disposition form.
H. Representation and Authority. In order for the full purpose of the Pretrial
Conference procedures to be accomplished, each party shall be represented at all meetings and
hearings required herein by the attorney who will participate in the trial of the cause and who is
vested with full authority to make admissions and disclosure of facts, and to bind the client by
agreement in respect to all matters pertaining to the trial of this cause and the Pretrial Conference
Order.
L Continuances. This Court adheres strictly to Rule of Judicial Administration
2.545(e) and Rule of Civil Procedure 1.460. Accordingly, motions for continuance and
stipulations must be in writing and set forth the following:
1 The signature of the party as well as the attorney.
2. A concise statement of the reasons for a continuance. If based on non-
availability of a witness, a showing of when it is believed the witness will
be available must be stated.
Any stipulation must be approved or motion heard by the Court no later than the Final PreTrial
Conference. No Motion will be heard that is not in compliance with this Order except upon
good cause shown.
6. Notice
Plaintiff, or if represented, Counsel for Plaintiff is directed to review this Order to ensure
that it was sent to all proper persons at current, proper addresses. The failure to immediately notify
the Court may result in this matter not being heard at the scheduled time.
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Sanctions
The failure to comply with the requirements of this Order may subject the party and/or
attorney to appropriate sanctions, including the award of attorneys’ fees, fines, striking of
pleadings, and/or dismissal of the case.
1st We
Signed by JUDGE LISA PORTER in 17000917CA
‘on 05/01/2019 15:28:25 QEgeYgJM
Hon. LISA S. PORTER, CIRCUIT JUDGE
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Electronic Service List:
David K. Oaks ,
Glenn N Siegel ,
Mark A Slack , ,
Robert W Segur
MARK ALAN SLACK
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 Jon Embury, Administrative
Services Manager, whose office is located at 350 E. Marion Avenue, Punta
Gorda, Florida 33950, and whose telephone number is (941) 637-2110, 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.
Link for Pre Trial Order
https://www.ca.cjis20.org/pdf/Charlotte/PretrialConferenceOrder_LPorter.doc