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Filing # 134679780 E-Filed 09/15/2021 03:57:20 PM
IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
CIRCUIT CIVIL DIVISION: AO
CASE NO.: 50-2018-CA-0 15763-X XX X-MB
ELIZABETH BALZARANO,
Plaintiff/P etitioner
vs.
LIFELINE RECOVERY LLC DBA LIFELINE
RECOVERY, JOHN BROGAN, LIFE CHANGES
ADDICTION TREATMENT CENTER OF
THE PALM BEACHES, et al.,
Defendant/Respondents.
/
ORDER SETTING JURY TRIAL AND DIRECTING
PRETRIAL AND MEDIATION PROCEDURES.
Deadlines in this order contro] pretrial procedure in this case and supersede any
conflicting deadlines set forth in any Case Management Plan entered in this case pursuant
to Fla, Admin Order AOSC20-23.
I. SCHEDULING
This action is set for Jury Trial on the six week Trial Docket from MAY 2, 2022 thr:
SUNE 10, 2022 in Courtroom IIE, Palm Beach County Courthouse, 205 N. Dixie
Highway, West Palm Beach, FL 33401. The Court understands 7 days requested for the
trial of this matter.
The trial will be scheduled sometime during the calendar, at a date and time to be provided
at the calendar call, subject to the court's ordering a later case setting.
In Person Trial Calendar Call You are directed to appear for Calendar Call in
Courtroom LIE at the Judge Daniel T. K. Hurley Courthouse 205 N. Dixie Highway, West
Palm Beach, FL 33401 on April 22, 2022 @ 09:00 am. The Calendar call must be
attended by counsel trying the case for each party or who have full knowledge of the case
and authority to make decision regarding any aspect of the case. Failure to appear could
result in sanctions, including but not limited to dismissal. Telephone appearances are
NOT permitted.
Zoom Appearances: While in person is preferable, you may elect to appear through
Zoomat the following link:
Zoom Meeting ID: 94486279201
Zoom Meeting Password: 44391754
Zoom Link: https //us02web.zoomus//944 86279201
Zoom Dial-In Numbers: 8778535257, 8884754499
Counsel for the Plant if shall bring to the Calendar Call a copy of the Joint Pre-Trial
Supulation aiscussea below.
All counsel are charged with the duty of strict compliance with this order, however
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counsel for the Plaintiff/Petitioner must initiate procedures to ensure its mandates are met.
Pro se litigants are held to the same obligations imposed upon counsel. Failure to comply
with the deadlines set forth herein, absent a showing of good cause, may result in
sanctions including dismissal of the action or defenses and the exclusion of evidence.
CONFLICTS: The parties shall notify the Court in writing within 20 days of this
order if: (1) inadequate time has been allowed to prepare for trial, (2) a scheduling conflict
exists, (3) if discovery cannot be completed by the deadline ordered below, or (4) if
alternative deadlines or case management is needed.
CONTINUANCES: Any motion to continue the trial must comply with Fla. R. Civ.
P. Rule 1.400, iiciiding that ihey are signed by ihe client Motions to continue BrOUgit
before the Court more than30 days after the date of this order, absent exceptional
circumstances, are disfavored.
CASE DISPOSITION: If trial becomes unnecessary due to settlement, voluntary
dismissal or otherwise, counsel must immediately notify the Court by telephone and email
to remove the case from the docket and to allow others to use the allotted time. Counsel
shall then expeditiously prepare and file the paperwork necessary to close the case.
ENLARGED JURY PANELS: Local Rules require advance approval of the Chief
Judge and Jury Office for jury panels exceeding 31 jurors. If you anticipate needing a
panel larger than 31 you are required to make a request in writing within 30 days of this
order specifying the number of jurors requested and the reason for the number requested.
I. PRETRIAL PROCEDURES
A PYOIPITC AND WITNT COTS OONTDATIV:
m PAMIDIID ANW Too GLIAL,
1. On the last business day no later than 120 days prior to Calendar Call, the
parties shall exchange lists of all trial exhibits, names and addresses of all trial
witnesses, and names and addresses of all expert witnesses.
2. On the last business day no later than 90 days prior to Calendar Call, the
parties shall exchange lists of names and addresses of all rebuttal witnesses.
3. EXPERT DISCLOSURES: in addition to names and addresses of each
expert retained to formulate an expert opinion with regard to this cause, both
on the initial listing and on rebuttal listing, the parties shall provide:
a. The subject matter about which the expert is expected to testify.
b. The substance of the facts and opinions to which the expert is expected
to testify.
c. Asummary of the grounds for each opinion.
d. A copy of any written reports issued by the expert regarding this case.
e. A copy of the expert's curriculum vitae.
4. ONE EXPERT PER SPECIALITY: The parties will be limited to one
expert witness per specialty unless they obtain leave of Court to list and call
more than one expert witness per specialty, no later than 60 days prior to
calendar call.
B. PRETRIAL MOTIONS INCLUDING MOTIONS IN LIMINE: All Pretrial
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Motions and other challenges to the admissibility of an expert's opinion must be
heard 20 days before the start of the trial. All other pre-trial motions, including
motions in limine, shall be filed, scheduled and heard prior to Calendar Call.
C. DISCOVERY. To allow the parties and the Court time to address pre-trial matters
in advance of trial, all discovery must be completed no later than 30 days before
the Calendar Call, absent agreement for later discovery specifically stated in the
Pre-Trial Stipulation or with permission of the Court for other good cause shown.
Absent exigent cir tan fail timel; lete discovery is not gr
fora continuance
D. PARTIES' CASE MANAGEMENT CONFERENCE: On the last business day
no later than 20 days prior to calendar call, the parties shall meet and confer to:
1. discuss settlement;
2. simplify the issues and stipulate to as many facts and issues as possible.
3. prepare a Pre-Trial Stipulation mandated in Paragraph E, below.
4. Examine all exhibits and list any objections to them. Objections that a trial
exhibit is not what the proponent said it would he will not he sustained if the
objecting party did not t observe the actual exhibit at the parties' Case
Management Conference.
5. Designate any portions of depositions counsel intends to introduce at trial in
lieu of live testimony.
E. PRETRIAL STIPULATION: It shall be the duty of counsel for the Plaintiff to
A
gaa that tha Dea Trial Cte
and
3, ana
filed with the Clerk no later than10 days prior to calendar call. Unilateral
stipulations are not allowed absent a showing of good cause. Counsel for all parties
are charged with good faith cooperation in this regard. Where agreement cannot, in
good faith, be reached, the parties respective positions shall be concisely stated for
each disputed position.
The Pre-Trial Stipulation shall contain in separately numbered paragraphs:
1. Statements of the Case (generally one paragraph each), including:
a. Ashort, concise description of the overall case that can be read to the
jury at the commencement of jury selection.
b. A statement from each party outlining their contentions.
c. A statement from each party seeking relief, specifying what is being
sought, ie. damages, etc....
2. A list of all pending motions requiring action by the Court and the dates those
motions are set for hearing. All motions, especially evidentiary motions (ie.
motions in limine and motions addressing evidentiary objections) must be
heard before Calendar Call. Any motions not identified shall be deemed
waived.
3. Astatement of agreements and stipulated facts which require no proof at trial
which may be read to the trier of fact.
4. Astatement of all issues of fact for determination at trial.
Page 3 of 8Case No. 50-2018-CA-015763-XXXX-MB
5. A list of any unique legal questions the parties reasonably anticipate may arise
during trial and for which memoranda are required to be submitted by this
order (See, Paragraph G), including evidentiary issues likely to arise at trial.
6. Lists of exhibits, including depositions to be read at trial, itemized as follows:
a. Exhibits to be admitted by Plaintiff without objection;
b. Exhibits to be admitted by Defendant without objection;
c. Plaintiff's exhibits that are objected to, with the specific basis for the
objection stated.
d. Defendant's exhibits that are obiected to, with the specific basis for the
objection.
Note: Reasonably specific description of each exhibit is required. Non-
specific descriptions like "all documents produced in discovery" are not
acceptable.
a
witnesses); the list of witnesses shall be on separate schedules attached to the
Stipulation. Witnesses not listed may not be called for trial.
8. A statement of total estimated trial time and estimates for the time needed per
side for (1) jury selection, (2) opening arguments, (3) each case in chief, and
(4) closing arguments.
9. Names of attorneys to try the case.
IN Numhar af naramntany shallancas nas nasty
qu. INUMIDET OL pereimpuory Ciaucnges per party.
Objections may not be "reserved" in the Pre-Trial Stipulation. Failure to specify an
objection constitutes its waiver.
Failure to file the Pre-Trial Stipulation may result in the case being stricken from the
Court's calendar at its sounding or other sanctions.
F. ADDITIONAL EXHIBITS, WITNESSES OR OBJECTIONS. At trial, the
parties shall be strictly limited to exhibits and witnesses disclosed and objections
stated in the Pre-Trial Stipulation and its schedules, absent agreement specifically
stated in the Pre-Trial Stipulation or an order of the Court upon good cause shown.
Failure to state an objection in the Pre-Trial Stipulation constitutes a waiver.
G. PRE-TRIAL CONFERENCES. If pursuant to Fla. R. Civ. P. 1200, a pre-trial
conference is set by the Court or upon motion of a party, counsel shall meet,
nrenare and file the Pre-Trial Stinnlatinn mandated herein na later than & dave
prepare and the the Pre-Trial Stipulation mandated herein no tater than S days
before the conference and provide a copy to the Court's Chambers immediately
upon its filling. Failure to request a pre-trial conference in a timely fashion
constitutes a waiver of the notice of requirement of Rule 1200. Motions for
Summary Judgment will not be heard at any pre-trial conference without prior
permission.
H. UNIQUE QUESTIONS OF LAW. Prior to calendar call, counsel for the parties
are directed to exchange and simultaneousiy submit to the Court appropriate
memoranda with citations to legal authority in support of any unique legal questions
which may reasonably be anticipated to arise during the trial.
Page 4 of 8Case No. 50-2018-CA-015763-XXXX-MB
I. JURY INSTRUCTIONS. A joint set of proposed jury instructions and a proposed
verdict from shall be provided to the Court no less than 48 hours before trial in a
printed form appropriate for submission to the jury and in Microsoft Word format.
Where the parties disagree on a proposed instruction it shall be noted and the
specific objection explained with citation to authority and an alternative instruction
provided, as appropriate.
J. PREMARKING AND IDENTIFICATON OF TRIAL EXHIBITS: Prior to
trial, each party shall contact the Clerk for pre-marking instructions at (561) 355-
2986 and all exhibits shall be marked for identification before trial.
yoann nenannena, An ot ou co be eet At oe
NR. CUUNRL REFURIBNOS: All Uldl Wlauers are Ww be repurted, Coullsel LOT ule
Plaintiff is responsible for having a court reporter present. Failure to do so may be
grounds for cancellation of the trial.
Il. MEDIATION
A. All parties are required to participate in mediation.
1. The appearance of counsel who will try the case and representatives of each
party with full authority to enter into a complete compromise and settlement is
mandatory. If insurance is involved, an adjuster with authority up to the policy
limits or the most recent demand, whichever is lower, shall attend.
2. At least one week before the mediation conference, all parties shall file
with the mediator a brief, written summary of the case containing a list of
issues as to each party. If an attorney or party filing the summary wishes its
content to remain confidential, he/she must advise the mediator in writing when
the report is filed.
3. All discussions, representations, and statements made at the mediation
conference shall be privileged consistent with Florida Statutes sections
44.102 and 90.408.
4. The mediator has no power to compel or enforce a settlement agreement. If a
settlement is reached, it shall be the responsibility of the attorneys or parties
to reduce the agreement to writing and to comply with Florida Rule of Civil
Procedure 1.730(b), unless waived.
B. The Plaintiff's attorney shall be responsible for scheduling mediation. The parties
should agree ona mediator. If they are unable to agree, any party may apply to the
Court for appointment of a mediator in conformity with Rule 1.720 (f), Fla. R. Civ. P.
The lead attorney or party shall file and serve on all parties and the mediator a
Notice of Mediation giving the time, place, and date of the mediation and the
mediator's name. The mediator shall be paid $175.00 per hour, unless otherwise
agreed by the parties.
C. Completion of mediation prior to calendar call is a prerequisite to trial. If mediation
is not conducted, or if a party fails to participate in mediation, the case, at the
Pevwetle Aten tine nance hn gittnten Lene Hie bite wT dene ane Aten meee Len
COUNTS USCIEUGH, May VE SWICKE WOM We Wal CalchUai, pieauiigs Tay ve
stricken, and other sanctions may be imposed.
D. Any party opposing mediation may proceed under Florida Rule of Civil Procedure
Page 5 of 8Case No. 50-2018-CA-015763-XXXX-MB
1,700(b).
IV. NONCOMPLANCE
NONCOMPLIANCE WITH ANY PORTION OF THIS ORDER MAY RESULT
IN THE STRIKING OF THE CASE, WITNESSES, OR EXHIBITS, OR
IMPOSITION OF SUCH OTHER SANCTIONS AS ARE JUST.
Any failure of any counsel to act in good faith or reasonably attempt to comply with this
order shall be reported to the Court by the filing of a "Suggestion of Non-Compliance
with Dro_' Trial Order" and muet he cat in a timely manner far a hearing The Qnaeeactinn
Wi iae sik Viuer Gi mmoL OW Out uid URUY GauuK! Or @ ukdung, 22 Ug GUouUIL
should name the non-compliant counsel, describe the act of non-compliance, be served
upon all parties and be sent to the Court's chambers.
NOTE: In accordance with the 15th Judicial Circuit's Administrative Order 2.310-
4/13, please ensure that primary and secondary email addresses are registered with
Court Administration at www. 1. Stheireuit com/onlineservi Ss The filing of an email
dha Madde AfSinn te MOT 2 onto ot bee
tidii With the Cieix’s Orice is NOT a iegisw@ation Wini Coun Adiimstiation
for judicial e-service of orders. If you do not register with the 15th Circuit as set
above e-service addre: ill auto-populate wit! ida Bar e-
address and may result in orders going to e-mail addresses which are not frequently
hecked or are no | rin
In accordance with Administrative Order 2.311-2/13, when an attorney is no longer
counsel of record on a case, ine aitorney musi upaaie his or her primary and
secondary email addresses with the Clerk of Court. (See exhibits attached to A.O.
2.311)
DONE AND ORDERED in West Palm Beach, Palm Beach County, Florida.
————— pa
FORTS Oe, aR CUT
——— Fangs att, Circult Judge
Roum ie oA fe oF tie count
50-2018-CA-015763-XXXX-MB 09/15/2021
James Nutt
Circuit Judge
COPIES TO:
COLE SCOTT & KISSANE ALYSSA M.TORNBERG alyssa.tornberg@csklegal.com
PA ESQ yeny.guerra@csklegal.com
9150 SOUTH DADELAND
BLVD, SUITE 1400
MIAMI, FL 33256
JOHN BROGAN 136 NEWARK AVENUE
LAVALLETTE, NJ 08735
Page 6 of 8Case No. 50-2018-CA-015763-XXXX-MB
COLE SCOTT & KISSANE
PA
LIFELINE RECOVERY LLC
DBA LIFELINE RECOVERY
NICOLE SAUVOLA PA
WILSON ELSER
MOSKOWITZ EDELMAN &
DICKER LLP
LEESFIELD SCOLARO PA
JONATHAN M.MIDWALL _ jonathan.midwall@csklegal.com
ESQ omaira.garcia@csklegal.com
9150 SDADELAND BLVD, myra.gonzalez@csklegal.com
SUITE 1400
MIAMI, FL 33131
136 NEWARK AVENUE
LAVALLETTE, NJ 08735
NICOLE SAUVOLA-LAMAY colelaw36@gmuail.com
ESQ dlamaydrive55@gmail.com
13889 DEER CREEK DRIVE
PALM BEACH GARDENS,
FL 334 18-86 14
NOELLE K. SHEEHAN ESQ _noelle.sheehan@wilsonelser.co
111N.ORANGE AVENUE, m
SUITE 1200 alejandra.boscan@wilsonelser.c
ORLANDO, FL 32801 om
annette.corchado @wilsonelser.
com
THOMAS D.GRAHAM ESQ graham@leesfieldcom
2350 S.DIXIE HIGHWAY _leon@leesfield.com
MIAMI, FL 33133 garcia@leesfield.com
Page 7 of 8Case No. 50-2018-CA-015763-XXXX-MB
This notice is provided pursuant to Administrative Order No. 2.207
“Tf von are anerson with a disahilitv who needs anv accommodation
in order. to participate in this proceeding, you are entitled, at no cost to
you, to the provision of certain assistance. Please contact Tammy Anton,
Americans with Disabilities Act Coordinator, Palm Beach County
Courthouse, 205 North Dixie Highway West Palm Beach, Florida 33401;
telephone number (561) 355-4380 at least 7 days before your scheduled
court annearancoe ar immodiately unon recoivina thic natificatinn if the
SUL’ Gppestauets Ul Ee eERy pu PeRea ag UES UUiReuEs GE Ue
time before the scheduled appearance is less than 7 days; if you are
hearing or voice impaired, call 711.”
“Si usted es unapersona minusvalida que necesita algun
acomodamiento para poder participar en este procedimiento, usted tiene
UEFECHS, Si CeNEeF ZaStOs propios, a Que Se ie provea Cierta ayuda. Tenga 1a
amabilidad de ponerse en contacto con Tammy Anton, 205 N. Dixie
Highway, West Palm Beach, Florida 33401; teléfono nimero (561) 355-
4380, por lo menos 7 dias antes de la cita fijada para su comparecencia en
los tribunales, o inmediatamente después de recibir esta notificacién si el
tiempo antes de la comparecencia que se ha programado es menos de 7
ias; Si usted tiene discapacitacion dei O10 O Ge ia voz, liame al 711.”
“Si ou se yon moun ki enfim ki bezwen akomodasyon pou w ka
patisipe nan pwosedi sa, ou kalifye san ou pa gen okenn lajan pou w peye,
gen pwovizyon pou jwen kék éd. Tanpri kontakte Tammy Anton,
kdddonaté pwogram Lwa pou ameriken ki Enfim yo nan Tribinal Konte
Palm Beach la ki nan 205 North Dixie Highway, West Palm Beach, Florida
33401; telefon li se (561) 355-4380 nan 7 jou anvan dat ou gen randevou
pou parét nan tribinal la, oubyen imedyatman apre ou fin resevwa
konvokasyon an si lé ou gen pou w parét nan tribinal la mwens ke 7 jou; si
ou gen pwoblém pou w tande oubyen pale, rele 711.”
Page 8 of 8
Preview
Filing # 134679780 E-Filed 09/15/2021 03:57:20 PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CIRCUIT CIVIL DIVISION: AO CASE NO.: 50-2018-CA-0 15763-X XX X-MB ELIZABETH BALZARANO, Plaintiff/P etitioner vs. LIFELINE RECOVERY LLC DBA LIFELINE RECOVERY, JOHN BROGAN, LIFE CHANGES ADDICTION TREATMENT CENTER OF THE PALM BEACHES, et al., Defendant/Respondents. / ORDER SETTING JURY TRIAL AND DIRECTING PRETRIAL AND MEDIATION PROCEDURES. Deadlines in this order contro] pretrial procedure in this case and supersede any conflicting deadlines set forth in any Case Management Plan entered in this case pursuant to Fla, Admin Order AOSC20-23. I. SCHEDULING This action is set for Jury Trial on the six week Trial Docket from MAY 2, 2022 thr: SUNE 10, 2022 in Courtroom IIE, Palm Beach County Courthouse, 205 N. Dixie Highway, West Palm Beach, FL 33401. The Court understands 7 days requested for the trial of this matter. The trial will be scheduled sometime during the calendar, at a date and time to be provided at the calendar call, subject to the court's ordering a later case setting. In Person Trial Calendar Call You are directed to appear for Calendar Call in Courtroom LIE at the Judge Daniel T. K. Hurley Courthouse 205 N. Dixie Highway, West Palm Beach, FL 33401 on April 22, 2022 @ 09:00 am. The Calendar call must be attended by counsel trying the case for each party or who have full knowledge of the case and authority to make decision regarding any aspect of the case. Failure to appear could result in sanctions, including but not limited to dismissal. Telephone appearances are NOT permitted. Zoom Appearances: While in person is preferable, you may elect to appear through Zoomat the following link: Zoom Meeting ID: 94486279201 Zoom Meeting Password: 44391754 Zoom Link: https //us02web.zoomus//944 86279201 Zoom Dial-In Numbers: 8778535257, 8884754499 Counsel for the Plant if shall bring to the Calendar Call a copy of the Joint Pre-Trial Supulation aiscussea below. All counsel are charged with the duty of strict compliance with this order, however Page lof8 CHEN. DAIAARCACUAAIINTY Cl INGEDU ARDIIV7ZN FLED NAM cINNN N2.£7-9N DMA Pn. PAL DLA VUUINE TT, FL, JUOL IE mDnNUueey, ULLIAN, voice! vo.l Zu civCase No. 50-2018-CA-015763-XXXX-MB counsel for the Plaintiff/Petitioner must initiate procedures to ensure its mandates are met. Pro se litigants are held to the same obligations imposed upon counsel. Failure to comply with the deadlines set forth herein, absent a showing of good cause, may result in sanctions including dismissal of the action or defenses and the exclusion of evidence. CONFLICTS: The parties shall notify the Court in writing within 20 days of this order if: (1) inadequate time has been allowed to prepare for trial, (2) a scheduling conflict exists, (3) if discovery cannot be completed by the deadline ordered below, or (4) if alternative deadlines or case management is needed. CONTINUANCES: Any motion to continue the trial must comply with Fla. R. Civ. P. Rule 1.400, iiciiding that ihey are signed by ihe client Motions to continue BrOUgit before the Court more than30 days after the date of this order, absent exceptional circumstances, are disfavored. CASE DISPOSITION: If trial becomes unnecessary due to settlement, voluntary dismissal or otherwise, counsel must immediately notify the Court by telephone and email to remove the case from the docket and to allow others to use the allotted time. Counsel shall then expeditiously prepare and file the paperwork necessary to close the case. ENLARGED JURY PANELS: Local Rules require advance approval of the Chief Judge and Jury Office for jury panels exceeding 31 jurors. If you anticipate needing a panel larger than 31 you are required to make a request in writing within 30 days of this order specifying the number of jurors requested and the reason for the number requested. I. PRETRIAL PROCEDURES A PYOIPITC AND WITNT COTS OONTDATIV: m PAMIDIID ANW Too GLIAL, 1. On the last business day no later than 120 days prior to Calendar Call, the parties shall exchange lists of all trial exhibits, names and addresses of all trial witnesses, and names and addresses of all expert witnesses. 2. On the last business day no later than 90 days prior to Calendar Call, the parties shall exchange lists of names and addresses of all rebuttal witnesses. 3. EXPERT DISCLOSURES: in addition to names and addresses of each expert retained to formulate an expert opinion with regard to this cause, both on the initial listing and on rebuttal listing, the parties shall provide: a. The subject matter about which the expert is expected to testify. b. The substance of the facts and opinions to which the expert is expected to testify. c. Asummary of the grounds for each opinion. d. A copy of any written reports issued by the expert regarding this case. e. A copy of the expert's curriculum vitae. 4. ONE EXPERT PER SPECIALITY: The parties will be limited to one expert witness per specialty unless they obtain leave of Court to list and call more than one expert witness per specialty, no later than 60 days prior to calendar call. B. PRETRIAL MOTIONS INCLUDING MOTIONS IN LIMINE: All Pretrial Page 2 of 8Case No. 50-2018-CA-015763-XXXX-MB Motions and other challenges to the admissibility of an expert's opinion must be heard 20 days before the start of the trial. All other pre-trial motions, including motions in limine, shall be filed, scheduled and heard prior to Calendar Call. C. DISCOVERY. To allow the parties and the Court time to address pre-trial matters in advance of trial, all discovery must be completed no later than 30 days before the Calendar Call, absent agreement for later discovery specifically stated in the Pre-Trial Stipulation or with permission of the Court for other good cause shown. Absent exigent cir tan fail timel; lete discovery is not gr fora continuance D. PARTIES' CASE MANAGEMENT CONFERENCE: On the last business day no later than 20 days prior to calendar call, the parties shall meet and confer to: 1. discuss settlement; 2. simplify the issues and stipulate to as many facts and issues as possible. 3. prepare a Pre-Trial Stipulation mandated in Paragraph E, below. 4. Examine all exhibits and list any objections to them. Objections that a trial exhibit is not what the proponent said it would he will not he sustained if the objecting party did not t observe the actual exhibit at the parties' Case Management Conference. 5. Designate any portions of depositions counsel intends to introduce at trial in lieu of live testimony. E. PRETRIAL STIPULATION: It shall be the duty of counsel for the Plaintiff to A gaa that tha Dea Trial Cte and 3, ana filed with the Clerk no later than10 days prior to calendar call. Unilateral stipulations are not allowed absent a showing of good cause. Counsel for all parties are charged with good faith cooperation in this regard. Where agreement cannot, in good faith, be reached, the parties respective positions shall be concisely stated for each disputed position. The Pre-Trial Stipulation shall contain in separately numbered paragraphs: 1. Statements of the Case (generally one paragraph each), including: a. Ashort, concise description of the overall case that can be read to the jury at the commencement of jury selection. b. A statement from each party outlining their contentions. c. A statement from each party seeking relief, specifying what is being sought, ie. damages, etc.... 2. A list of all pending motions requiring action by the Court and the dates those motions are set for hearing. All motions, especially evidentiary motions (ie. motions in limine and motions addressing evidentiary objections) must be heard before Calendar Call. Any motions not identified shall be deemed waived. 3. Astatement of agreements and stipulated facts which require no proof at trial which may be read to the trier of fact. 4. Astatement of all issues of fact for determination at trial. Page 3 of 8Case No. 50-2018-CA-015763-XXXX-MB 5. A list of any unique legal questions the parties reasonably anticipate may arise during trial and for which memoranda are required to be submitted by this order (See, Paragraph G), including evidentiary issues likely to arise at trial. 6. Lists of exhibits, including depositions to be read at trial, itemized as follows: a. Exhibits to be admitted by Plaintiff without objection; b. Exhibits to be admitted by Defendant without objection; c. Plaintiff's exhibits that are objected to, with the specific basis for the objection stated. d. Defendant's exhibits that are obiected to, with the specific basis for the objection. Note: Reasonably specific description of each exhibit is required. Non- specific descriptions like "all documents produced in discovery" are not acceptable. a witnesses); the list of witnesses shall be on separate schedules attached to the Stipulation. Witnesses not listed may not be called for trial. 8. A statement of total estimated trial time and estimates for the time needed per side for (1) jury selection, (2) opening arguments, (3) each case in chief, and (4) closing arguments. 9. Names of attorneys to try the case. IN Numhar af naramntany shallancas nas nasty qu. INUMIDET OL pereimpuory Ciaucnges per party. Objections may not be "reserved" in the Pre-Trial Stipulation. Failure to specify an objection constitutes its waiver. Failure to file the Pre-Trial Stipulation may result in the case being stricken from the Court's calendar at its sounding or other sanctions. F. ADDITIONAL EXHIBITS, WITNESSES OR OBJECTIONS. At trial, the parties shall be strictly limited to exhibits and witnesses disclosed and objections stated in the Pre-Trial Stipulation and its schedules, absent agreement specifically stated in the Pre-Trial Stipulation or an order of the Court upon good cause shown. Failure to state an objection in the Pre-Trial Stipulation constitutes a waiver. G. PRE-TRIAL CONFERENCES. If pursuant to Fla. R. Civ. P. 1200, a pre-trial conference is set by the Court or upon motion of a party, counsel shall meet, nrenare and file the Pre-Trial Stinnlatinn mandated herein na later than & dave prepare and the the Pre-Trial Stipulation mandated herein no tater than S days before the conference and provide a copy to the Court's Chambers immediately upon its filling. Failure to request a pre-trial conference in a timely fashion constitutes a waiver of the notice of requirement of Rule 1200. Motions for Summary Judgment will not be heard at any pre-trial conference without prior permission. H. UNIQUE QUESTIONS OF LAW. Prior to calendar call, counsel for the parties are directed to exchange and simultaneousiy submit to the Court appropriate memoranda with citations to legal authority in support of any unique legal questions which may reasonably be anticipated to arise during the trial. Page 4 of 8Case No. 50-2018-CA-015763-XXXX-MB I. JURY INSTRUCTIONS. A joint set of proposed jury instructions and a proposed verdict from shall be provided to the Court no less than 48 hours before trial in a printed form appropriate for submission to the jury and in Microsoft Word format. Where the parties disagree on a proposed instruction it shall be noted and the specific objection explained with citation to authority and an alternative instruction provided, as appropriate. J. PREMARKING AND IDENTIFICATON OF TRIAL EXHIBITS: Prior to trial, each party shall contact the Clerk for pre-marking instructions at (561) 355- 2986 and all exhibits shall be marked for identification before trial. yoann nenannena, An ot ou co be eet At oe NR. CUUNRL REFURIBNOS: All Uldl Wlauers are Ww be repurted, Coullsel LOT ule Plaintiff is responsible for having a court reporter present. Failure to do so may be grounds for cancellation of the trial. Il. MEDIATION A. All parties are required to participate in mediation. 1. The appearance of counsel who will try the case and representatives of each party with full authority to enter into a complete compromise and settlement is mandatory. If insurance is involved, an adjuster with authority up to the policy limits or the most recent demand, whichever is lower, shall attend. 2. At least one week before the mediation conference, all parties shall file with the mediator a brief, written summary of the case containing a list of issues as to each party. If an attorney or party filing the summary wishes its content to remain confidential, he/she must advise the mediator in writing when the report is filed. 3. All discussions, representations, and statements made at the mediation conference shall be privileged consistent with Florida Statutes sections 44.102 and 90.408. 4. The mediator has no power to compel or enforce a settlement agreement. If a settlement is reached, it shall be the responsibility of the attorneys or parties to reduce the agreement to writing and to comply with Florida Rule of Civil Procedure 1.730(b), unless waived. B. The Plaintiff's attorney shall be responsible for scheduling mediation. The parties should agree ona mediator. If they are unable to agree, any party may apply to the Court for appointment of a mediator in conformity with Rule 1.720 (f), Fla. R. Civ. P. The lead attorney or party shall file and serve on all parties and the mediator a Notice of Mediation giving the time, place, and date of the mediation and the mediator's name. The mediator shall be paid $175.00 per hour, unless otherwise agreed by the parties. C. Completion of mediation prior to calendar call is a prerequisite to trial. If mediation is not conducted, or if a party fails to participate in mediation, the case, at the Pevwetle Aten tine nance hn gittnten Lene Hie bite wT dene ane Aten meee Len COUNTS USCIEUGH, May VE SWICKE WOM We Wal CalchUai, pieauiigs Tay ve stricken, and other sanctions may be imposed. D. Any party opposing mediation may proceed under Florida Rule of Civil Procedure Page 5 of 8Case No. 50-2018-CA-015763-XXXX-MB 1,700(b). IV. NONCOMPLANCE NONCOMPLIANCE WITH ANY PORTION OF THIS ORDER MAY RESULT IN THE STRIKING OF THE CASE, WITNESSES, OR EXHIBITS, OR IMPOSITION OF SUCH OTHER SANCTIONS AS ARE JUST. Any failure of any counsel to act in good faith or reasonably attempt to comply with this order shall be reported to the Court by the filing of a "Suggestion of Non-Compliance with Dro_' Trial Order" and muet he cat in a timely manner far a hearing The Qnaeeactinn Wi iae sik Viuer Gi mmoL OW Out uid URUY GauuK! Or @ ukdung, 22 Ug GUouUIL should name the non-compliant counsel, describe the act of non-compliance, be served upon all parties and be sent to the Court's chambers. NOTE: In accordance with the 15th Judicial Circuit's Administrative Order 2.310- 4/13, please ensure that primary and secondary email addresses are registered with Court Administration at www. 1. Stheireuit com/onlineservi Ss The filing of an email dha Madde AfSinn te MOT 2 onto ot bee tidii With the Cieix’s Orice is NOT a iegisw@ation Wini Coun Adiimstiation for judicial e-service of orders. If you do not register with the 15th Circuit as set above e-service addre: ill auto-populate wit! ida Bar e- address and may result in orders going to e-mail addresses which are not frequently hecked or are no | rin In accordance with Administrative Order 2.311-2/13, when an attorney is no longer counsel of record on a case, ine aitorney musi upaaie his or her primary and secondary email addresses with the Clerk of Court. (See exhibits attached to A.O. 2.311) DONE AND ORDERED in West Palm Beach, Palm Beach County, Florida. ————— pa FORTS Oe, aR CUT ——— Fangs att, Circult Judge Roum ie oA fe oF tie count 50-2018-CA-015763-XXXX-MB 09/15/2021 James Nutt Circuit Judge COPIES TO: COLE SCOTT & KISSANE ALYSSA M.TORNBERG alyssa.tornberg@csklegal.com PA ESQ yeny.guerra@csklegal.com 9150 SOUTH DADELAND BLVD, SUITE 1400 MIAMI, FL 33256 JOHN BROGAN 136 NEWARK AVENUE LAVALLETTE, NJ 08735 Page 6 of 8Case No. 50-2018-CA-015763-XXXX-MB COLE SCOTT & KISSANE PA LIFELINE RECOVERY LLC DBA LIFELINE RECOVERY NICOLE SAUVOLA PA WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP LEESFIELD SCOLARO PA JONATHAN M.MIDWALL _ jonathan.midwall@csklegal.com ESQ omaira.garcia@csklegal.com 9150 SDADELAND BLVD, myra.gonzalez@csklegal.com SUITE 1400 MIAMI, FL 33131 136 NEWARK AVENUE LAVALLETTE, NJ 08735 NICOLE SAUVOLA-LAMAY colelaw36@gmuail.com ESQ dlamaydrive55@gmail.com 13889 DEER CREEK DRIVE PALM BEACH GARDENS, FL 334 18-86 14 NOELLE K. SHEEHAN ESQ _noelle.sheehan@wilsonelser.co 111N.ORANGE AVENUE, m SUITE 1200 alejandra.boscan@wilsonelser.c ORLANDO, FL 32801 om annette.corchado @wilsonelser. com THOMAS D.GRAHAM ESQ graham@leesfieldcom 2350 S.DIXIE HIGHWAY _leon@leesfield.com MIAMI, FL 33133 garcia@leesfield.com Page 7 of 8Case No. 50-2018-CA-015763-XXXX-MB This notice is provided pursuant to Administrative Order No. 2.207 “Tf von are anerson with a disahilitv who needs anv accommodation in order. to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact Tammy Anton, Americans with Disabilities Act Coordinator, Palm Beach County Courthouse, 205 North Dixie Highway West Palm Beach, Florida 33401; telephone number (561) 355-4380 at least 7 days before your scheduled court annearancoe ar immodiately unon recoivina thic natificatinn if the SUL’ Gppestauets Ul Ee eERy pu PeRea ag UES UUiReuEs GE Ue time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.” “Si usted es unapersona minusvalida que necesita algun acomodamiento para poder participar en este procedimiento, usted tiene UEFECHS, Si CeNEeF ZaStOs propios, a Que Se ie provea Cierta ayuda. Tenga 1a amabilidad de ponerse en contacto con Tammy Anton, 205 N. Dixie Highway, West Palm Beach, Florida 33401; teléfono nimero (561) 355- 4380, por lo menos 7 dias antes de la cita fijada para su comparecencia en los tribunales, o inmediatamente después de recibir esta notificacién si el tiempo antes de la comparecencia que se ha programado es menos de 7 ias; Si usted tiene discapacitacion dei O10 O Ge ia voz, liame al 711.” “Si ou se yon moun ki enfim ki bezwen akomodasyon pou w ka patisipe nan pwosedi sa, ou kalifye san ou pa gen okenn lajan pou w peye, gen pwovizyon pou jwen kék éd. Tanpri kontakte Tammy Anton, kdddonaté pwogram Lwa pou ameriken ki Enfim yo nan Tribinal Konte Palm Beach la ki nan 205 North Dixie Highway, West Palm Beach, Florida 33401; telefon li se (561) 355-4380 nan 7 jou anvan dat ou gen randevou pou parét nan tribinal la, oubyen imedyatman apre ou fin resevwa konvokasyon an si lé ou gen pou w parét nan tribinal la mwens ke 7 jou; si ou gen pwoblém pou w tande oubyen pale, rele 711.” Page 8 of 8