Preview
Filing # 136828383 E-Filed 10/19/2021 12:29:40 PM
IN THE CIRCUIT COURT OF THE 15TH
JUDICIAL CIRCUIT IN AND FOR PALM
BEACH COUNTY, FLORIDA
ELIZABETH L. BALZARANO, CASE NO.: 50-2018-CA-15763-XXXX-MB
Individually, and as Personal Representative
of the ESTATE OF MICHELLE L.
BALZARANO,
Plaintiffs,
v.
LIFELINE RECOVERY, LLC d/b/a
LIFELINE RECOVERY SUPPORT
SERVICES, a Foreign Corporation; JOHN
BROGAN; LIFE CHANGES ADDICTION
TREATMENT CENTER OF THE PALM
BEACHES; WARBIRD PROPERTIES, LLC,
d/b/a CAMERON VILLA, LLC, a Florida
Corporation, EMILIO DUBOY, M.D.; and,
JANINE BEATTIE, ARNP,
Defendants.
/
NOTICE OF TRIAL CONFLICT
NOTICE IS HEREBY given that the undersigned counsel for Defendant, EMILIO
DUBOY, M_D., presently has the following conflict concerning the May 2, 2022 trial docket and
states as follows:
1. This case is currently scheduled for trial during the six week trial docket commencing on
May 2, 2022 through June 10, 2022.
2. Counsel for the Defendant, EMILIO DUBOY, M_D., is lead trial counsel in a case pending
in the Circuit Court of the Ninth Judicial Circuit in and For Orange County Florida, Jane
Doe vs. Orlando Volunteers of America Elderly Housing Inc., Case No.:2019-CA-008212-
O, before the Hon. Denise Kim Beamer.
260535586v.1
*** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 10/19/2021 12:29:40 PM ***3. The Jane Doe vs. Orlando Volunteers of America Elderly Housing Inc. trial was originally
set to commence on the June 21, 2022 two-week trial docket, pursuant to the Court Order
entered on October 12, 2021 (Exhibit “A”).
4. On October 12, 2021, the Court informed the parties that the Trial Order was erroneously
issued for the incorrect date and has since then issued an Amended Trial Order (Exhibit
“B”). Pursuant to the Amended Trial Order dated October 13, 2021, the Doe matter is now
set to commence on June 6, 2022, for a two week trial docket.
5. Due to the age of Plaintiff in the Doe matter, Judge Beamer has informed the parties that it
is a time certain trial and the matter is number one (1) Judge Beamer’s case docket.
6. Counsel for the Defendant respectfully submits this Notice of Trial Conflict pursuant to
the Court’s Order Setting Jury Trial and Directing Pretrial and Mediation Procedures on
October 14, 2021, due to this unexpected change in the Doe trial docket.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that the foregoing was filed with the Clerk of Court via the Florida
Courts E-Filing Portal and a true and correct copy was served via email on October 19, 2021,
upon Jonathan M. Midwall, Esquire, and Alyssa Tornberg, Esquire, Cole Scott & Kissane, P.A.,
110 Tower, 110 S.E. 6th Street, Suite 2700, Ft. Lauderdale, Florida 33301
Jonathan.Midwall@csklegalcom, Alyssa.Tornberg@csklegalcom (Attorney for Defendant Life
Changes Addition Treatment Center of the Palm Beaches, Jeane Beattie, ARNP); Thomas
Scolaro and Thomas D. Graham, LEESFIELD SCOLARO, P.A., 2350 South Dixie Highway,
Miami, Florida 33133, scolaro@leesfield.com; graham@leesfield.com (Attorney for Plaintiff);
William McCaughan, Esq, Farrell Patel Jomarron & Lopez, 4300 Biscayne Blvd Suite 305, Miami,
FL 33137, wmccaughan@justice360.com, eservice@justice360.com, (Attorney for John Brogan
260535586v.1and Lifeline Recovery, LLC); Nicole Sauvola, P.A, 13889 Deer Creek Dr, Palm Beach Gardens,
FL, colelaw36@gmail.com, (Attorney for Defendant Warbird Properties LLC d/b/a Cameron
Villa.
260535586v.1
4/ Noelle K. Sheehan
NOELLE K. SHEEHAN, ESQUIRE
Florida Bar No.: 0084677
MOLLY J. DURSO, ESQUIRE
Florida Bar No.: 0091029
Wilson Elser Moskowitz Edelman & Dicker, LLP
111 N. Orange Ave., Suite 1200
Orlando, FL 32801
Phone: (407) 203-7599
Fax: (407) 648-1376
Noelle. Sheehan@wilsone lser.com
Molly.Durso@wilsonelser.com
Karla. Velazquez-Suarez@wilsone lser.com
Alejandra. Boscan@wilsonelser.com
Counsel for Defendant Emilio DuboyFiling # 136353660 E-Filed 10/12/2021 10:14:28 AM
IN THE CIRCUIT COURT OF THE
NINTH JUDICIAL CIRCUIT, IN AND
FOR ORANGE COUNTY, FLORIDA
CASE NUMBER: 2019-CA-008212-O
DIVISION 33
JANE DOE,
Plaintiff(s),
v.
ORLANDO VOLUNTEERS OF
AMERICA ELDERLY HOUSING
INC,
Defendant(s).
UNIFORM ORDER SETTING CASE FOR JURY TRIAL;
PRE-TRIAL CONFERENCE AND REQUIRING PRETRIAL
MATTERS TO BE COMPLETED
It appearing that this case is at issue and ready to be set for trial, it is ORDERED as
follows:
1. FAMILIARITY WITH THIS ORDER. Counsel and pro se (unrepresented) parties
shall read this order, be familiar with its contents and comply with its requirements.
2. REFERRAL TO MEDIATION; DEADLINE.
(a) This case is hereby referred to mediation. The parties will agree upon a mediator and
a date for the first mediation conference.
(b) Court-ordered mediation must be completed prior to the Pre-Trial Conference.
(c) Any party may move to defer or dispense with mediation upon good cause shown.
3. TRIAL DATE. This case is set for a Jury Trial during the two-week trial docket
beginning 06/21/2022, in Courtroom 19-B at 9:30 am at the Orange County Courthouse, 425 N.
Orange Avenue, Orlando, FL.
Length of time currently estimated for trial is: TBD
4. PRE-TRIAL CONFERENCE, Counsel and pro se parties shall attend a Pre-Trial
Conference on May 18, 2022 at 1:30 pm, in Hearing Room 1700.02, at the Orange County
EXHIBIT "A"Courthouse, 425 N. Orange Ave., Orlando, Florida. No telephonic appearances are permitted.
All appearances shall be in person.!
5. EXPERT WITNESSES; DISCLOSURE; DEADLINES; TESTS,
EXAMINATIONS AND EXPERIMENTS; LIMITATION ON NUMBER AT TRIAL
(a) The disclosure of expert witnesses shall be set forth in the division specific guidelines
attached as Exhibit A.
(b) Any additional experts will only be permitted to be listed upon stipulation or leave of
court for good cause.
(c) Immediately following disclosure, the parties will confer and agree upon a schedule
for taking the experts’ depositions. Experts will be made available for deposition by the party
retaining them without necessity of subpoena.
(d) The deposition of all experts should be completed prior to mediation and must be
completed prior to the pretrial conference.
(e) All out-of-court testing, experiments or physical or mental examinations will be
completed by an experts prior to the expert’s deposition unless leave of Court is obtained for
completion after deposition.
(f) As used herein, “disclosure” means furnishing in writing (i) the expert’s name, business
address and telephone number, (ii) his/her curriculum vitae or qualifications, (iii) his/her medical
specialty or field of expertise, (iv) a statement of the specific subjects upon which the expert will
testify and offer opinions and (v) the party or parties against whom the expert will be called to
testify.
(g) The parties may supersede sub-paragraphs A through F by filing a written stipulation
or moving the Court to modify it upon good cause shown.
(h) The Court may limit the number of experts at trial.
6. EXCHANGE OF WITNESS LISTS AND EVIDENCE SCHEDULES. Not later
than forty-five (45) days before the Pre-Trial Conference, attorneys and pro se parties shall serve
upon each other (but not e-file) the following:
(a) List of all Witnesses (including known impeachment and rebuttal witnesses) which
the party might call at trial. The list shall contain the name, address and telephone number of the
witness and whether the witness is a liability or damage witness. Also, expert witnesses shall be
designated as such.
' All in-person requirements contained in this Order shall take place virtually until further Order from this Court.(b) Schedule of all exhibits which a party may offer at trial numbered sequentially.
Exhibits shall be described with specificity. For example, “all medical records” is insufficient.
The schedules will include all depositions to be offered in evidence at trial.
7. REQUIREMENTS PRIOR TO PRE-TRIAL CONFERENCE,
(a) MEETING OF ATTORNEYS, AND PRO SE PARTIES. No later than ten (10)
working days prior to the pretrial conference, counsel who will try the case, and pro se parties, if
any, shall meet. Attendance at this meeting is mandatory.” Plaintiff's attorney (or if plaintiff is pro
se, Defendant’s attorney) shall arrange a mutually agreeable time, date, and place for this meeting.
At the meeting the attorneys, and pro se parties, shall:
1.
2.
Discuss and attempt to settle the case.
Produce, examine, and initial every evidentiary exhibit intended to be offered at
trial; agree upon those which can be admitted as joint exhibits, those which can
be admitted without objection, and identify those to which objection will be
made and the grounds for each objection, and note this on a separate copy of
each party’s exhibit schedule. Objections not reserved or grounds not noted
on such separate schedule will be deemed waived at trial. The annotated
separate copies of the schedules will be attached to and made a part of the joint
pretrial statement required in paragraph 8 of this Order.
Review the witness lists and in good faith note on a separate copy which
witnesses and depositions will actually be used at trial. The annotated separate
copies of the witness list will be attached to the joint pretrial statement required
in paragraph 8 of this Order.
Discuss and stipulate to any facts requiring no proof at trial.
Discuss, clarify and frame all factual issues of fact to be tried.
Identify all issues of law, procedure, or evidence to be decided by the Court
prior to or during trial.
Agree upon and draft a concise statement of the case to be read by the Court at
the beginning of voir dire.
Attempt to agree upon the number of preemptory challenges.
Discuss and attempt to agree upon any other matters leading to a more orderly
and expeditious trial, e.g., copies in lieu of originals, witnesses out of turn,
? All in-person requirements contained in this Order shall take place virtually until further Order from this Court.which portions and how depositions will be presented?, how collateral set-off
will be handled, etc.
8. JOINT PRE-TRIAL STATEMENT. Following the meeting of attorneys, Plaintiff's
attorney (or Defendant’s attorney, if Plaintiff is pro se) shall prepare and present to opposing
counsel and pro se parties a “Proposed Joint Pre-Trial Statement.”
The statement shall be signed by all attorneys and pro se parties and the original filed with
the clerk, and one hard copy shall be delivered to the judge no later than three (3)
business days prior to the Pre-trial Conference. If the Parties are unable to agree on
the contents of the Joint Pre-Trial Statement, the differing views should be set forth therein.
The
1,
2.
Joint Pre-Trial Statement shall contain the following:
A statement of the case to be read to the jury at the beginning of voir dire.
A statement of admitted facts which may be read at trial as a stipulation of
counsel.
Issues of fact to be tried.
Issues of law, procedure or evidence to be determined by the Court prior to or
during trial.
The annotated copy of each party’s witness list will be attached.
The annotated copy of each party’s schedule of exhibits showing objections
and grounds will be attached.
The number of peremptory challenges agreed upon or requested.
A current estimate of the number of days required for trial.
Any other matters agreed to by counsel or which need to be addressed by the
Court at pretrial conference.
9. DISCOVERY CUT-OFF. Discovery closes on the day prior to the Pre-Trial
Conference unless extended by Court order for good cause shown. All depositions and CME
reports must be
completed, and answers to interrogatories, responses to request to produce and
requests for admissions will be due before the closure date. Joint Stipulations to extend discovery
without Court order do not alter the discovery cut-off.
* See Exhibit A for Guidelines regarding deposition designations.10. MOTIONS CUT-OFF DEADLINE.
(a) Motions for summary judgment or judgment on the pleadings must be filed and
scheduled for hearing to be held prior to the pretrial conference date.
(b) All Motions, including Daubert motions (other than motions in limine) must be
filed and heard at least 30 days prior to Pre-Trial Conference.
(c) Motions in Limine (amended by Exhibit A), motions to exclude witnesses or
evidence, or other motions directed to the conduct of the trial for which grounds then exist must
be filed and copies delivered to opposing counsel prior to the Pre-Trial Conference.
(d) Motions in Limine must be scheduled and heard no later than one week prior
to the beginning of the trial period. See also Standing Procedures for Motions in Limine Division
33.
ll. TRIAL BRIEFS. Trial briefs are optional but if one is filed, a copy for the Court
shall be delivered to Chambers no less than three (3) working days before trial. Highlighted copies
of relevant legal authorities must accompany the copy delivered to the Court and opposing party’s
copy.
12. NOTIFICATION OF SETTLEMENT. The parties shall immediately notify the
judicial assistant of a settlement immediately via email to ctjasb2@ocnjcc.org followed within five
(5) business days by a filed Notice of Settlement signed by all parties. The case will not be
removed from the Pre-Trial docket until all documents necessary for closure of the case are
filed with the Clerk.
13. MODIFICATION OF ORDER FOR GOOD CAUSE. The provisions of this
Order may be modified only by Court order in accordance with applicable law.
14. SANCTIONS. Unexcused failure of counsel or pro se party to attend the meeting
of attorneys required in paragraph 7(a), the Pre-Trial Conference, or trial or to comply with the
requirements of this Order may result in the imposition of appropriate sanctions, which may
include contempt, dismissal, default, striking of pleadings, exclusion of evidence, assessment of
fees or costs, and/or other sanctions.
15. AUDIO/VISUAL. Requests for audio and/or visual equipment must be made at
least 48 hours in advance of trial. For assistance, see the Court’s web site, www.ninthcircuit.org
under Services > Technology Services > Audio/Visual.
16. DIVISION SPECIFIC_GUIDELINES. A copy of the additional guidelines
applicable to the division in which this matter will be tried is attached as Exhibit A. Counsel are
charged with reading and being familiar with the contents of the following Division 33 documents:
(i) Guidelines, Procedures and Expectations; (ii) Guidelines for Counsel Regarding CompulsoryMedical Examinations; and (iii) Ninth Circuit Courtroom Decorum Policy (Amended, September
2014).
DONE AND ORDERED in Chambers, at Orlando, Orange County, Florida on this
day of October, 2021. +
Circuit Judge \
CERTIFICATE OF SERVICE
HL
I HEREBY CERTIFY that the foregoing was filed with the Clerk of the Court this \2
day of October, 2021 by using the Florida Courts E-Filing Portal System. Accordingly, a copy
of the foregoing is being served on this day to all attorney(s)/interested parties identified on the
ePortal Electronic Service List, via transmission of Notices of Electronic Filing generated by the
ePortal System.
Judicial 5)
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, Human Resources, Orange County
Courthouse, 425 N. Orange Avenue, Suite 510, Orlando, Florida, (407) 836-2303, 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.SUMMARY OF DEADLINES — Division 33
Mediation: Completed prior to Pre-Trial Conference. (§2)
Plaintiff's Expert Witness list with deposition dates: Due 90 days prior to Pre-Trial
Conference. (§5 and Exhibit A 41)
Defendant's Expert Witness list with deposition dates: Due within 60 days prior to Pre-
Trial Conference. (§5 and Exhibit A 41)
Exchange of Witness Lists and Exhibit Schedules: Due 45 days before date of Pre-Trial
Conference. (§6)
Motions for Summary Judgment, and hearings related to discovery or trial matters:
Filed and heard prior to Pre-Trial Conference (§10; See Division 33 Policies and
Procedures).
Motions in Limine must be filed and heard no later than 7 days prior to the first day of trial
period. (§10b; Exhibit A, § 2) Must comply with Standing Procedures for Motions in
Limine Division 33.
All Motions, including Daubert motions, other than motions in limine, must be filed and
heard at least 30 days prior to Pre-Trial Conference. (§10)
Meeting of Attorneys and Pro Se parties: ten (10) working days prior to Pre-Trial
Conference. (§7)
Deposition Designations: Designations must be made at the meeting of attorneys. Cross-
designations made within three (3) days after the meeting of the attorneys. Designations,
cross-designations, and objections must be contained in or attached to the Joint Pre-Trial
Statement. (See Exhibit A).
Joint Jury Instructions/Verdict Forms: Must be provided to the Court seven (7) days
before trial period is to commence. (See Exhibit A).
Joint Pre-Trial Statement; signed by attorneys/pro se parties and filed and a hard copy
delivered to chambers no later than 3 business days prior to Pre-Trial Conference. (§8)
Discovery Cut-Off: 1 day prior to Pre-Trial Conference. (§9)
Trial briefs (optional): 3 working days prior to Trial. (§11)EXHIBIT A — for JURY TRIAL CASES
Additional Pretrial Guidelines for Division 33
. EXPERT WITNESS DISCLOSURE (amending § 5):
(a) By Plaintiff(s): Not later than 90 days before the date of the pretrial conference,
Plaintiff(s) shall disclose all expert witnesses (including treating physicians) that in
good faith Plaintiff(s) actually intend to call at trial. Disclosure includes providing three
(3) days when the retained experts will be ready, with opinion, for deposition.
(b) By Defendant(s): Not later than 60 days before the date of the pretrial conference,
Defendant(s) shall disclose all expert witnesses (including treating physicians) that in
good faith Defendant(s) actually intend to call at trial. Disclosure includes providing
three (3) days when the retained experts will be ready, with opinion, for deposition.
. SCHEDULING OF MOTIONS IN LIMINE:
Motions in Limine must be scheduled and heard no later than one week prior to the
beginning of the trial period. Hearing time is limited and counsel should not assume that
hearing time will be available for motions filed, but not heard, before Pre-trial Conference.
No Motions in Limine will be heard during the trial period absent a showing of good cause.
Counsel must comply with the Division 33 Procedures for Hearings and Rulings on
Motions in Limine.
. DAUBERT HEARINGS (Fla. Stat. §90.702):
Motions to exclude expert witnesses must be heard at least thirty (30) days prior to the Pre-
Trial conference unless good cause is shown for scheduling the matter later.
. DEPOSITION DESIGNATIONS (modifying §7):
(a) At the meeting of the attorneys/pro se parties prior to Pre-Trial Conference, deposition
designations shall be made. Cross designations shall be made within three (3) days after
the meeting.
(b) The designations and cross designations shall be included in the Joint Pretrial Statement
in a page-and-line description of any testimony that remains in dispute after an active
and substantial effort at resolution, together with argument and authority for each
party's position. Designations or objections not contained in the Joint Pretrial
Statement will not be entertained.
. JURY INSTRUCTIONS
(a) One set of joint jury instructions and verdict form(s) are to be prepared and submitted
to the Court at least 5 business days prior to the beginning of the trial period.(b) Disputed instructions should be noted within the joint jury instructions. Specifically,
if the parties cannot agree to a specific instruction, the Plaintiff's proposed instruction
should be provided first, and then the Defendant’s competing instructions should be
contained in the following paragraph. Prior to trial or during the charge conference, the
Court will decide which specific instruction will be read to the jury.
(c) The agreed set of jury instructions must be provided to the Court via e-mail (in WORD
FORMAT in 14-point font) no less than S business days prior to the beginning of the
trial.
(d) Each page shall be numbered.
(c) Prior to closing arguments, the Court will provide each juror with a written copy of all
jury instructions when the jury retires to deliberate.
(f) The final instructions should not contain any citations or information as to who
requested the instruction.
(g) The Court typically may read some substantive law instructions to the jury during
preliminary instructions; however, the Court may omit this reading if counsel have not
timely provided an agreed set of instructions to the Court.Filing # 136452298 E-Filed 10/13/2021 11:02:21 AM
IN THE CIRCUIT COURT OF THE
NINTH JUDICIAL CIRCUIT, IN AND
FOR ORANGE COUNTY, FLORIDA
CASE NUMBER: 2019-CA-008212-O
DIVISION 33
JANE DOE,
Plaintiff(s),
Vv.
ORLANDO VOLUNTEERS OF
AMERICA ELDERLY HOUSING
INC,
Defendant(s).
/
AMENDED UNIFORM ORDER SETTING CASE FOR JURY TRIAL;
PRE-TRIAL CONFERENCE AND REQUIRING PRETRIAL
MATTERS TO BE COMPLETED
It appearing that this case is at issue and ready to be set for trial, it is ORDERED as
follows:
1. FAMILIARITY WITH THIS ORDER. Counsel and pro se (unrepresented) parties
shall read this order, be familiar with its contents and comply with its requirements.
2. REFERRAL TO MEDIATION; DEADLINE.
(a) This case is hereby referred to mediation. The parties will agree upon a mediator and
a date for the first mediation conference.
(b) Court-ordered mediation must be completed prior to the Pre-Trial Conference.
(c) Any party may move to defer or dispense with mediation upon good cause shown.
3. TRIAL DATE. This case is set for a Jury Trial during the two-week trial docket
beginning 06/06/2022, in Courtroom 19-B at 9:30 am at the Orange County Courthouse, 425 N.
Orange Avenue, Orlando, FL.
Length of time currently estimated for trial is: TBD
4, PRE-TRIAL CONFERENCE. Counsel and pro se parties shall attend a Pre-Trial
Conference on May 3, 2022 at 1:30 pm, in Hearing Room 1700.02, at the Orange County
EXHIBIT "B"Courthouse, 425 N. Orange Ave., Orlando, Florida. No telephonic appearances are permitted.
All appearances shall be in person.!
5. EXPERT WITNESSES; DISCLOSURE; DEADLINES; TESTS,
EXAMINATIONS AND EXPERIMENTS; LIMITATION ON NUMBER AT TRIAL
(a) The disclosure of expert witnesses shall be set forth in the division specific guidelines
attached as Exhibit A.
(b) Any additional experts will only be permitted to be listed upon stipulation or leave of
court for good cause.
(c) Immediately following disclosure, the parties will confer and agree upon a schedule
for taking the experts’ depositions. Experts will be made available for deposition by the party
retaining them without necessity of subpoena.
(d) The deposition of all experts should be completed prior to mediation and must be
completed prior to the pretrial conference.
(e) All out-of-court testing, experiments or physical or mental examinations will be
completed by an experts prior to the expert’s deposition unless leave of Court is obtained for
completion after deposition.
(f) As used herein, “disclosure” means furnishing in writing (i) the expert’s name, business
address and telephone number, (ii) his/her curriculum vitae or qualifications, (iii) his/her medical
specialty or field of expertise, (iv) a statement of the specific subjects upon which the expert will
testify and offer opinions and (v) the party or parties against whom the expert will be called to
testify.
(g) The parties may supersede sub-paragraphs A through F by filing a written stipulation
or moving the Court to modify it upon good cause shown.
(h) The Court may limit the number of experts at trial.
6. EXCHANGE OF WITNESS LISTS AND EVIDENCE SCHEDULES. Not later
than forty-five (45) days before the Pre-Trial Conference, attorneys and pro se parties shall serve
upon each other (but not e-file) the following:
(a) List of all Witnesses (including known impeachment and rebuttal witnesses) which
the party might call at trial. The list shall contain the name, address and telephone number of the
witness and whether the witness is a liability or damage witness. Also, expert witnesses shall be
designated as such.
' All in-person requirements contained in this Order shall take place virtually until further Order from this Court.(b) Schedule of all exhibits which a party may offer at trial numbered sequentially.
Exhibits shall be described with specificity. For example, “all medical records” is insufficient.
The schedules will include all depositions to be offered in evidence at trial.
7. REQUIREMENTS PRIOR TO PRE-TRIAL CONFERENCE,
(a) MEETING OF ATTORNEYS, AND PRO SE PARTIES. No later than ten (10)
working days prior to the pretrial conference, counsel who will try the case, and pro se parties, if
any, shall meet. Attendance at this meeting is mandatory.? Plaintiff’s attorney (or if plaintiff is pro
se, Defendant’s attorney) shall arrange a mutually agreeable time, date, and place for this meeting.
At the meeting the attorneys, and pro se parties, shall:
1.
2.
Discuss and attempt to settle the case.
Produce, examine, and initial every evidentiary exhibit intended to be offered at
trial; agree upon those which can be admitted as joint exhibits, those which can
be admitted without objection, and identify those to which objection will be
made and the grounds for each objection, and note this on a separate copy of
each party’s exhibit schedule. Objections not reserved or grounds not noted
on such separate schedule will be deemed waived at trial. The annotated
separate copies of the schedules will be attached to and made a part of the joint
pretrial statement required in paragraph 8 of this Order.
Review the witness lists and in good faith note on a separate copy which
witnesses and depositions will actually be used at trial. The annotated separate
copies of the witness list will be attached to the joint pretrial statement required
in paragraph 8 of this Order.
Discuss and stipulate to any facts requiring no proof at trial.
Discuss, clarify and frame all factual issues of fact to be tried.
Identify all issues of law, procedure, or evidence to be decided by the Court
prior to or during trial.
Agree upon and draft a concise statement of the case to be read by the Court at
the beginning of voir dire.
Attempt to agree upon the number of preemptory challenges.
Discuss and attempt to agree upon any other matters leading to a more orderly
and expeditious trial, ¢.g., copies in lieu of originals, witnesses out of turn,
? All in-person requirements contained in this Order shall take place virtually until further Order from this Court.which portions and how depositions will be presented’, how collateral set-off
will be handled, etc.
8. JOINT PRE-TRIAL STATEMENT. Following the meeting of attorneys, Plaintiff's
attorney (or Defendant’s attorney, if Plaintiff is pro se) shall prepare and present to opposing
counsel and pro se parties a “Proposed Joint Pre-Trial Statement.”
The statement shall be signed by all attorneys and pro se parties and the original filed with
the clerk, and one hard copy shall be delivered to the judge no later than three (3)
business days prior to the Pre-trial Conference. If the Parties are unable to agree on
the contents of the Joint Pre-Trial Statement, the differing views should be set forth therein.
The Joint Pre-Trial Statement shall contain the following:
1.
2.
A statement of the case to be read to the jury at the beginning of voir dire.
A statement of admitted facts which may be read at trial as a stipulation of
counsel.
Issues of fact to be tried.
Issues of law, procedure or evidence to be determined by the Court prior to or
during trial.
The annotated copy of each party’s witness list will be attached.
The annotated copy of each party’s schedule of exhibits showing objections
and grounds will be attached.
The number of peremptory challenges agreed upon or requested.
A current estimate of the number of days required for trial.
Any other matters agreed to by counsel or which need to be addressed by the
Court at pretrial conference.
9. DISCOVERY CUT-OFF. Discovery closes on the day prior to the Pre-Trial
Conference unless extended by Court order for good cause shown. All depositions and CME
reports must be completed, and answers to interrogatories, responses to request to produce and
requests for admissions will be due before the closure date. Joint Stipulations to extend discovery
without Court order do not alter the discovery cut-off.
* See Exhibit A for Guidelines regarding deposition designations.10. MOTIONS CUT-OFF DEADLINE.
(a) Motions for summary judgment or judgment on the pleadings must be filed and
scheduled for hearing to be held prior to the pretrial conference date.
(b) All Motions, including Daubert motions (other than motions in limine) must be
filed and heard at least 30 days prior to Pre-Trial Conference.
(c) Motions in Limine (amended by Exhibit A), motions to exclude witnesses or
evidence, or other motions directed to the conduct of the trial for which grounds then exist must
be filed and copies delivered to opposing counsel prior to the Pre-Trial Conference.
(d) Motions in Limine must be scheduled and heard no later than one week prior
to the beginning of the trial period. Sce also Standing Procedures for Motions in Limine Division
33.
11. TRIAL BRIEFS. Trial briefs are optional but if one is filed, a copy for the Court
shall be delivered to Chambers no less than three (3) working days before trial. Highlighted copies
of relevant legal authorities must accompany the copy delivered to the Court and opposing party’s
copy.
12. NOTIFICATION OF SETTLEMENT. The parties shall immediately notify the
judicial assistant of a settlement immediately via email to ctjasb2@ocnjcc.org followed within five
(5) business days by a filed Notice of Settlement signed by all parties. The case will not be
removed from the Pre-Trial docket until all documents necessary for closure of the case are
filed with the Clerk,
13. MODIFICATION OF ORDER FOR GOOD CAUSE. The provisions of this
Order may be modified only by Court order in accordance with applicable law.
14. SANCTIONS. Unexcused failure of counsel or pro se party to attend the meeting
of attorneys required in paragraph 7(a), the Pre-Trial Conference, or trial or to comply with the
requirements of this Order may result in the imposition of appropriate sanctions, which may
include contempt, dismissal, default, striking of pleadings, exclusion of evidence, assessment of
fees or costs, and/or other sanctions.
15. AUDIO/VISUAL. Requests for audio and/or visual equipment must be made at
least 48 hours in advance of trial. For assistance, see the Court’s web site, www.ninthcircuit.org
under Services > Technology Services > Audio/Visual.
16. DIVISION SPECIFIC GUIDELINES. A copy of the additional guidelines
applicable to the division in which this matter will be tried is attached as Exhibit A. Counsel are
charged with reading and being familiar with the contents of the following Division 33 documents:
(i) Guidelines, Procedures and Expectations; (ii) Guidelines for Counsel Regarding CompulsoryMedical Examinations; and (iii) Ninth Circuit Courtroom Decorum Policy (Amended, September
2014).
2
DONE AND ORDERED in Chambers, at Orlando, Orange County, Florida on this |
day of October, 2021.
BEAMER
CERTIFICATE OF SERVICE \ h
)
I HEREBY CERTIFY that the foregoing was filed with the Clerk of the Court Hatt
day of October, 2021 by using the Florida Courts E-Filing Portal System. Accordingly, a copy
of the foregoing is being served on this day to all attorney(s)/interested parties identified on the
ePortal Electronic Service List, via transmission of Notices of Electronic Filing generated by the
ePortal System.
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, Human Resources, Orange County
Courthouse, 425 N. Orange Avenue, Suite 510, Orlando, Florida, (407) 836-2303, 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.SUMMARY OF DEADLINES - Division 33
Mediation: Completed prior to Pre-Trial Conference. (§2)
Plaintiff's Expert Witness list with deposition dates: Due 90 days prior to Pre-Trial
Conference. (§5 and Exhibit A §1)
Defendant's Expert Witness list with deposition dates: Due within 60 days prior to Pre-
Trial Conference. (§5 and Exhibit A 41)
Exchange of Witness Lists and Exhibit Schedules: Due 45 days before date of Pre-Trial
Conference. (§6)
Motions for Summary Judgment, and hearings related to discovery or trial matters:
Filed and heard prior to Pre-Trial Conference (§10; See Division 33 Policies and
Procedures).
Motions in Limine must be filed and heard no later than 7 days prior to the first day of trial
period. (§10b; Exhibit A, § 2) Must comply with Standing Procedures for Motions in
Limine Division 33.
All Motions, including Daubert motions, other than motions in limine, must be filed and
heard at least 30 days prior to Pre-Trial Conference. (§10)
Meeting of Attorneys and Pro Se parties: ten (10) working days prior to Pre-Trial
Conference. (§7)
Deposition Designations: Designations must be made at the meeting of attorneys. Cross-
designations made within three (3) days after the meeting of the attorneys. Designations,
cross-designations, and objections must be contained in or attached to the Joint Pre-Trial
Statement. (See Exhibit A).
Joint Jury Instructions/Verdict Forms: Must be provided to the Court seven (7) days
before trial period is to commence. (See Exhibit A).
Joint Pre-Trial Statement: signed by attorneys/pro se parties and filed and a hard copy
delivered to chambers no later than 3 business days prior to Pre-Trial Conference. (§8)
Discovery Cut-Off: 1 day prior to Pre-Trial Conference. (§9)
Trial briefs (optional): 3 working days prior to Trial. (§11)EXHIBIT A — for JURY TRIAL CASES
Additional Pretrial Guidelines for Division 33
. EXPERT WITNESS DISCLOSURE (amending § 5):
(a) By Plaintiff(s): Not later than 90 days before the date of the pretrial conference,
Plaintiff(s) shall disclose all expert witnesses (including treating physicians) that in
good faith Plaintiffs) actually intend to call at trial. Disclosure includes providing three
(3) days when the retained experts will be ready, with opinion, for deposition.
(b) By Defendant(s): Not later than 60 days before the date of the pretrial conference,
Defendant(s) shall disclose all expert witnesses (including treating physicians) that in
good faith Defendant(s) actually intend to call at trial. Disclosure includes providing
three (3) days when the retained experts will be ready, with opinion, for deposition.
. SCHEDULING OF MOTIONS IN LIMINE:
Motions in Limine must be scheduled and heard no later than one week prior to the
beginning of the trial period. Hearing time is limited and counsel should not assume that
hearing time will be available for motions filed, but not heard, before Pre-trial Conference.
No Motions in Limine will be heard during the trial period absent a showing of good cause.
Counsel must comply with the Division 33 Procedures for Hearings and Rulings on
Motions in Limine.
. DAUBERT HEARINGS (Fla. Stat. §90.702):
Motions to exclude expert witnesses must be heard at least thirty (30) days prior to the Pre-
Trial conference unless good cause is shown for scheduling the matter later.
. DEPOSITION DESIGNATIONS (modifying §7):
(a) At the meeting of the attorneys/pro se parties prior to Pre-Trial Conference, deposition
designations shall be made. Cross designations shall be made within three (3) days after
the meeting.
(b) The designations and cross designations shall be included in the Joint Pretrial Statement
in a page-and-line description of any testimony that remains in dispute after an active
and substantial effort at resolution, together with argument and authority for each
party’s position. Designations or objections not contained in the Joint Pretrial
Statement will not be entertained.
. JURY INSTRUCTIONS
(a) One set of joint jury instructions and verdict form(s) are to be prepared and submitted
to the Court at least 5 business days prior to the beginning of the trial period.(b) Disputed instructions should be noted within the joint jury instructions. Specifically,
if the parties cannot agree to a specific instruction, the Plaintiff's proposed instruction
should be provided first, and then the Defendant’s competing instructions should be
contained in the following paragraph. Prior to trial or during the charge conference, the
Court will decide which specific instruction will be read to the jury.
(c) The agreed set of jury instructions must be provided to the Court via e-mail (in WORD
FORMAT in 14-point font) no less than 5 business days prior to the beginning of the
trial.
(d) Each page shall be numbered.
(e) Prior to closing arguments, the Court will provide each juror with a written copy of all
jury instructions when the jury retires to deliberate.
(f) The final instructions should not contain any citations or information as to who
requested the instruction.
(g) The Court typically may read some substantive law instructions to the jury during
preliminary instructions; however, the Court may omit this reading if counsel have not
timely provided an agreed set of instructions to the Court.
Preview
Filing # 136828383 E-Filed 10/19/2021 12:29:40 PM IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA ELIZABETH L. BALZARANO, CASE NO.: 50-2018-CA-15763-XXXX-MB Individually, and as Personal Representative of the ESTATE OF MICHELLE L. BALZARANO, Plaintiffs, v. LIFELINE RECOVERY, LLC d/b/a LIFELINE RECOVERY SUPPORT SERVICES, a Foreign Corporation; JOHN BROGAN; LIFE CHANGES ADDICTION TREATMENT CENTER OF THE PALM BEACHES; WARBIRD PROPERTIES, LLC, d/b/a CAMERON VILLA, LLC, a Florida Corporation, EMILIO DUBOY, M.D.; and, JANINE BEATTIE, ARNP, Defendants. / NOTICE OF TRIAL CONFLICT NOTICE IS HEREBY given that the undersigned counsel for Defendant, EMILIO DUBOY, M_D., presently has the following conflict concerning the May 2, 2022 trial docket and states as follows: 1. This case is currently scheduled for trial during the six week trial docket commencing on May 2, 2022 through June 10, 2022. 2. Counsel for the Defendant, EMILIO DUBOY, M_D., is lead trial counsel in a case pending in the Circuit Court of the Ninth Judicial Circuit in and For Orange County Florida, Jane Doe vs. Orlando Volunteers of America Elderly Housing Inc., Case No.:2019-CA-008212- O, before the Hon. Denise Kim Beamer. 260535586v.1 *** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 10/19/2021 12:29:40 PM ***3. The Jane Doe vs. Orlando Volunteers of America Elderly Housing Inc. trial was originally set to commence on the June 21, 2022 two-week trial docket, pursuant to the Court Order entered on October 12, 2021 (Exhibit “A”). 4. On October 12, 2021, the Court informed the parties that the Trial Order was erroneously issued for the incorrect date and has since then issued an Amended Trial Order (Exhibit “B”). Pursuant to the Amended Trial Order dated October 13, 2021, the Doe matter is now set to commence on June 6, 2022, for a two week trial docket. 5. Due to the age of Plaintiff in the Doe matter, Judge Beamer has informed the parties that it is a time certain trial and the matter is number one (1) Judge Beamer’s case docket. 6. Counsel for the Defendant respectfully submits this Notice of Trial Conflict pursuant to the Court’s Order Setting Jury Trial and Directing Pretrial and Mediation Procedures on October 14, 2021, due to this unexpected change in the Doe trial docket. CERTIFICATE OF SERVICE I HEREBY CERTIFY that the foregoing was filed with the Clerk of Court via the Florida Courts E-Filing Portal and a true and correct copy was served via email on October 19, 2021, upon Jonathan M. Midwall, Esquire, and Alyssa Tornberg, Esquire, Cole Scott & Kissane, P.A., 110 Tower, 110 S.E. 6th Street, Suite 2700, Ft. Lauderdale, Florida 33301 Jonathan.Midwall@csklegalcom, Alyssa.Tornberg@csklegalcom (Attorney for Defendant Life Changes Addition Treatment Center of the Palm Beaches, Jeane Beattie, ARNP); Thomas Scolaro and Thomas D. Graham, LEESFIELD SCOLARO, P.A., 2350 South Dixie Highway, Miami, Florida 33133, scolaro@leesfield.com; graham@leesfield.com (Attorney for Plaintiff); William McCaughan, Esq, Farrell Patel Jomarron & Lopez, 4300 Biscayne Blvd Suite 305, Miami, FL 33137, wmccaughan@justice360.com, eservice@justice360.com, (Attorney for John Brogan 260535586v.1and Lifeline Recovery, LLC); Nicole Sauvola, P.A, 13889 Deer Creek Dr, Palm Beach Gardens, FL, colelaw36@gmail.com, (Attorney for Defendant Warbird Properties LLC d/b/a Cameron Villa. 260535586v.1 4/ Noelle K. Sheehan NOELLE K. SHEEHAN, ESQUIRE Florida Bar No.: 0084677 MOLLY J. DURSO, ESQUIRE Florida Bar No.: 0091029 Wilson Elser Moskowitz Edelman & Dicker, LLP 111 N. Orange Ave., Suite 1200 Orlando, FL 32801 Phone: (407) 203-7599 Fax: (407) 648-1376 Noelle. Sheehan@wilsone lser.com Molly.Durso@wilsonelser.com Karla. Velazquez-Suarez@wilsone lser.com Alejandra. Boscan@wilsonelser.com Counsel for Defendant Emilio DuboyFiling # 136353660 E-Filed 10/12/2021 10:14:28 AM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA CASE NUMBER: 2019-CA-008212-O DIVISION 33 JANE DOE, Plaintiff(s), v. ORLANDO VOLUNTEERS OF AMERICA ELDERLY HOUSING INC, Defendant(s). UNIFORM ORDER SETTING CASE FOR JURY TRIAL; PRE-TRIAL CONFERENCE AND REQUIRING PRETRIAL MATTERS TO BE COMPLETED It appearing that this case is at issue and ready to be set for trial, it is ORDERED as follows: 1. FAMILIARITY WITH THIS ORDER. Counsel and pro se (unrepresented) parties shall read this order, be familiar with its contents and comply with its requirements. 2. REFERRAL TO MEDIATION; DEADLINE. (a) This case is hereby referred to mediation. The parties will agree upon a mediator and a date for the first mediation conference. (b) Court-ordered mediation must be completed prior to the Pre-Trial Conference. (c) Any party may move to defer or dispense with mediation upon good cause shown. 3. TRIAL DATE. This case is set for a Jury Trial during the two-week trial docket beginning 06/21/2022, in Courtroom 19-B at 9:30 am at the Orange County Courthouse, 425 N. Orange Avenue, Orlando, FL. Length of time currently estimated for trial is: TBD 4. PRE-TRIAL CONFERENCE, Counsel and pro se parties shall attend a Pre-Trial Conference on May 18, 2022 at 1:30 pm, in Hearing Room 1700.02, at the Orange County EXHIBIT "A"Courthouse, 425 N. Orange Ave., Orlando, Florida. No telephonic appearances are permitted. All appearances shall be in person.! 5. EXPERT WITNESSES; DISCLOSURE; DEADLINES; TESTS, EXAMINATIONS AND EXPERIMENTS; LIMITATION ON NUMBER AT TRIAL (a) The disclosure of expert witnesses shall be set forth in the division specific guidelines attached as Exhibit A. (b) Any additional experts will only be permitted to be listed upon stipulation or leave of court for good cause. (c) Immediately following disclosure, the parties will confer and agree upon a schedule for taking the experts’ depositions. Experts will be made available for deposition by the party retaining them without necessity of subpoena. (d) The deposition of all experts should be completed prior to mediation and must be completed prior to the pretrial conference. (e) All out-of-court testing, experiments or physical or mental examinations will be completed by an experts prior to the expert’s deposition unless leave of Court is obtained for completion after deposition. (f) As used herein, “disclosure” means furnishing in writing (i) the expert’s name, business address and telephone number, (ii) his/her curriculum vitae or qualifications, (iii) his/her medical specialty or field of expertise, (iv) a statement of the specific subjects upon which the expert will testify and offer opinions and (v) the party or parties against whom the expert will be called to testify. (g) The parties may supersede sub-paragraphs A through F by filing a written stipulation or moving the Court to modify it upon good cause shown. (h) The Court may limit the number of experts at trial. 6. EXCHANGE OF WITNESS LISTS AND EVIDENCE SCHEDULES. Not later than forty-five (45) days before the Pre-Trial Conference, attorneys and pro se parties shall serve upon each other (but not e-file) the following: (a) List of all Witnesses (including known impeachment and rebuttal witnesses) which the party might call at trial. The list shall contain the name, address and telephone number of the witness and whether the witness is a liability or damage witness. Also, expert witnesses shall be designated as such. ' All in-person requirements contained in this Order shall take place virtually until further Order from this Court.(b) Schedule of all exhibits which a party may offer at trial numbered sequentially. Exhibits shall be described with specificity. For example, “all medical records” is insufficient. The schedules will include all depositions to be offered in evidence at trial. 7. REQUIREMENTS PRIOR TO PRE-TRIAL CONFERENCE, (a) MEETING OF ATTORNEYS, AND PRO SE PARTIES. No later than ten (10) working days prior to the pretrial conference, counsel who will try the case, and pro se parties, if any, shall meet. Attendance at this meeting is mandatory.” Plaintiff's attorney (or if plaintiff is pro se, Defendant’s attorney) shall arrange a mutually agreeable time, date, and place for this meeting. At the meeting the attorneys, and pro se parties, shall: 1. 2. Discuss and attempt to settle the case. Produce, examine, and initial every evidentiary exhibit intended to be offered at trial; agree upon those which can be admitted as joint exhibits, those which can be admitted without objection, and identify those to which objection will be made and the grounds for each objection, and note this on a separate copy of each party’s exhibit schedule. Objections not reserved or grounds not noted on such separate schedule will be deemed waived at trial. The annotated separate copies of the schedules will be attached to and made a part of the joint pretrial statement required in paragraph 8 of this Order. Review the witness lists and in good faith note on a separate copy which witnesses and depositions will actually be used at trial. The annotated separate copies of the witness list will be attached to the joint pretrial statement required in paragraph 8 of this Order. Discuss and stipulate to any facts requiring no proof at trial. Discuss, clarify and frame all factual issues of fact to be tried. Identify all issues of law, procedure, or evidence to be decided by the Court prior to or during trial. Agree upon and draft a concise statement of the case to be read by the Court at the beginning of voir dire. Attempt to agree upon the number of preemptory challenges. Discuss and attempt to agree upon any other matters leading to a more orderly and expeditious trial, e.g., copies in lieu of originals, witnesses out of turn, ? All in-person requirements contained in this Order shall take place virtually until further Order from this Court.which portions and how depositions will be presented?, how collateral set-off will be handled, etc. 8. JOINT PRE-TRIAL STATEMENT. Following the meeting of attorneys, Plaintiff's attorney (or Defendant’s attorney, if Plaintiff is pro se) shall prepare and present to opposing counsel and pro se parties a “Proposed Joint Pre-Trial Statement.” The statement shall be signed by all attorneys and pro se parties and the original filed with the clerk, and one hard copy shall be delivered to the judge no later than three (3) business days prior to the Pre-trial Conference. If the Parties are unable to agree on the contents of the Joint Pre-Trial Statement, the differing views should be set forth therein. The 1, 2. Joint Pre-Trial Statement shall contain the following: A statement of the case to be read to the jury at the beginning of voir dire. A statement of admitted facts which may be read at trial as a stipulation of counsel. Issues of fact to be tried. Issues of law, procedure or evidence to be determined by the Court prior to or during trial. The annotated copy of each party’s witness list will be attached. The annotated copy of each party’s schedule of exhibits showing objections and grounds will be attached. The number of peremptory challenges agreed upon or requested. A current estimate of the number of days required for trial. Any other matters agreed to by counsel or which need to be addressed by the Court at pretrial conference. 9. DISCOVERY CUT-OFF. Discovery closes on the day prior to the Pre-Trial Conference unless extended by Court order for good cause shown. All depositions and CME reports must be completed, and answers to interrogatories, responses to request to produce and requests for admissions will be due before the closure date. Joint Stipulations to extend discovery without Court order do not alter the discovery cut-off. * See Exhibit A for Guidelines regarding deposition designations.10. MOTIONS CUT-OFF DEADLINE. (a) Motions for summary judgment or judgment on the pleadings must be filed and scheduled for hearing to be held prior to the pretrial conference date. (b) All Motions, including Daubert motions (other than motions in limine) must be filed and heard at least 30 days prior to Pre-Trial Conference. (c) Motions in Limine (amended by Exhibit A), motions to exclude witnesses or evidence, or other motions directed to the conduct of the trial for which grounds then exist must be filed and copies delivered to opposing counsel prior to the Pre-Trial Conference. (d) Motions in Limine must be scheduled and heard no later than one week prior to the beginning of the trial period. See also Standing Procedures for Motions in Limine Division 33. ll. TRIAL BRIEFS. Trial briefs are optional but if one is filed, a copy for the Court shall be delivered to Chambers no less than three (3) working days before trial. Highlighted copies of relevant legal authorities must accompany the copy delivered to the Court and opposing party’s copy. 12. NOTIFICATION OF SETTLEMENT. The parties shall immediately notify the judicial assistant of a settlement immediately via email to ctjasb2@ocnjcc.org followed within five (5) business days by a filed Notice of Settlement signed by all parties. The case will not be removed from the Pre-Trial docket until all documents necessary for closure of the case are filed with the Clerk. 13. MODIFICATION OF ORDER FOR GOOD CAUSE. The provisions of this Order may be modified only by Court order in accordance with applicable law. 14. SANCTIONS. Unexcused failure of counsel or pro se party to attend the meeting of attorneys required in paragraph 7(a), the Pre-Trial Conference, or trial or to comply with the requirements of this Order may result in the imposition of appropriate sanctions, which may include contempt, dismissal, default, striking of pleadings, exclusion of evidence, assessment of fees or costs, and/or other sanctions. 15. AUDIO/VISUAL. Requests for audio and/or visual equipment must be made at least 48 hours in advance of trial. For assistance, see the Court’s web site, www.ninthcircuit.org under Services > Technology Services > Audio/Visual. 16. DIVISION SPECIFIC_GUIDELINES. A copy of the additional guidelines applicable to the division in which this matter will be tried is attached as Exhibit A. Counsel are charged with reading and being familiar with the contents of the following Division 33 documents: (i) Guidelines, Procedures and Expectations; (ii) Guidelines for Counsel Regarding CompulsoryMedical Examinations; and (iii) Ninth Circuit Courtroom Decorum Policy (Amended, September 2014). DONE AND ORDERED in Chambers, at Orlando, Orange County, Florida on this day of October, 2021. + Circuit Judge \ CERTIFICATE OF SERVICE HL I HEREBY CERTIFY that the foregoing was filed with the Clerk of the Court this \2 day of October, 2021 by using the Florida Courts E-Filing Portal System. Accordingly, a copy of the foregoing is being served on this day to all attorney(s)/interested parties identified on the ePortal Electronic Service List, via transmission of Notices of Electronic Filing generated by the ePortal System. Judicial 5) 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, Human Resources, Orange County Courthouse, 425 N. Orange Avenue, Suite 510, Orlando, Florida, (407) 836-2303, 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.SUMMARY OF DEADLINES — Division 33 Mediation: Completed prior to Pre-Trial Conference. (§2) Plaintiff's Expert Witness list with deposition dates: Due 90 days prior to Pre-Trial Conference. (§5 and Exhibit A 41) Defendant's Expert Witness list with deposition dates: Due within 60 days prior to Pre- Trial Conference. (§5 and Exhibit A 41) Exchange of Witness Lists and Exhibit Schedules: Due 45 days before date of Pre-Trial Conference. (§6) Motions for Summary Judgment, and hearings related to discovery or trial matters: Filed and heard prior to Pre-Trial Conference (§10; See Division 33 Policies and Procedures). Motions in Limine must be filed and heard no later than 7 days prior to the first day of trial period. (§10b; Exhibit A, § 2) Must comply with Standing Procedures for Motions in Limine Division 33. All Motions, including Daubert motions, other than motions in limine, must be filed and heard at least 30 days prior to Pre-Trial Conference. (§10) Meeting of Attorneys and Pro Se parties: ten (10) working days prior to Pre-Trial Conference. (§7) Deposition Designations: Designations must be made at the meeting of attorneys. Cross- designations made within three (3) days after the meeting of the attorneys. Designations, cross-designations, and objections must be contained in or attached to the Joint Pre-Trial Statement. (See Exhibit A). Joint Jury Instructions/Verdict Forms: Must be provided to the Court seven (7) days before trial period is to commence. (See Exhibit A). Joint Pre-Trial Statement; signed by attorneys/pro se parties and filed and a hard copy delivered to chambers no later than 3 business days prior to Pre-Trial Conference. (§8) Discovery Cut-Off: 1 day prior to Pre-Trial Conference. (§9) Trial briefs (optional): 3 working days prior to Trial. (§11)EXHIBIT A — for JURY TRIAL CASES Additional Pretrial Guidelines for Division 33 . EXPERT WITNESS DISCLOSURE (amending § 5): (a) By Plaintiff(s): Not later than 90 days before the date of the pretrial conference, Plaintiff(s) shall disclose all expert witnesses (including treating physicians) that in good faith Plaintiff(s) actually intend to call at trial. Disclosure includes providing three (3) days when the retained experts will be ready, with opinion, for deposition. (b) By Defendant(s): Not later than 60 days before the date of the pretrial conference, Defendant(s) shall disclose all expert witnesses (including treating physicians) that in good faith Defendant(s) actually intend to call at trial. Disclosure includes providing three (3) days when the retained experts will be ready, with opinion, for deposition. . SCHEDULING OF MOTIONS IN LIMINE: Motions in Limine must be scheduled and heard no later than one week prior to the beginning of the trial period. Hearing time is limited and counsel should not assume that hearing time will be available for motions filed, but not heard, before Pre-trial Conference. No Motions in Limine will be heard during the trial period absent a showing of good cause. Counsel must comply with the Division 33 Procedures for Hearings and Rulings on Motions in Limine. . DAUBERT HEARINGS (Fla. Stat. §90.702): Motions to exclude expert witnesses must be heard at least thirty (30) days prior to the Pre- Trial conference unless good cause is shown for scheduling the matter later. . DEPOSITION DESIGNATIONS (modifying §7): (a) At the meeting of the attorneys/pro se parties prior to Pre-Trial Conference, deposition designations shall be made. Cross designations shall be made within three (3) days after the meeting. (b) The designations and cross designations shall be included in the Joint Pretrial Statement in a page-and-line description of any testimony that remains in dispute after an active and substantial effort at resolution, together with argument and authority for each party's position. Designations or objections not contained in the Joint Pretrial Statement will not be entertained. . JURY INSTRUCTIONS (a) One set of joint jury instructions and verdict form(s) are to be prepared and submitted to the Court at least 5 business days prior to the beginning of the trial period.(b) Disputed instructions should be noted within the joint jury instructions. Specifically, if the parties cannot agree to a specific instruction, the Plaintiff's proposed instruction should be provided first, and then the Defendant’s competing instructions should be contained in the following paragraph. Prior to trial or during the charge conference, the Court will decide which specific instruction will be read to the jury. (c) The agreed set of jury instructions must be provided to the Court via e-mail (in WORD FORMAT in 14-point font) no less than S business days prior to the beginning of the trial. (d) Each page shall be numbered. (c) Prior to closing arguments, the Court will provide each juror with a written copy of all jury instructions when the jury retires to deliberate. (f) The final instructions should not contain any citations or information as to who requested the instruction. (g) The Court typically may read some substantive law instructions to the jury during preliminary instructions; however, the Court may omit this reading if counsel have not timely provided an agreed set of instructions to the Court.Filing # 136452298 E-Filed 10/13/2021 11:02:21 AM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA CASE NUMBER: 2019-CA-008212-O DIVISION 33 JANE DOE, Plaintiff(s), Vv. ORLANDO VOLUNTEERS OF AMERICA ELDERLY HOUSING INC, Defendant(s). / AMENDED UNIFORM ORDER SETTING CASE FOR JURY TRIAL; PRE-TRIAL CONFERENCE AND REQUIRING PRETRIAL MATTERS TO BE COMPLETED It appearing that this case is at issue and ready to be set for trial, it is ORDERED as follows: 1. FAMILIARITY WITH THIS ORDER. Counsel and pro se (unrepresented) parties shall read this order, be familiar with its contents and comply with its requirements. 2. REFERRAL TO MEDIATION; DEADLINE. (a) This case is hereby referred to mediation. The parties will agree upon a mediator and a date for the first mediation conference. (b) Court-ordered mediation must be completed prior to the Pre-Trial Conference. (c) Any party may move to defer or dispense with mediation upon good cause shown. 3. TRIAL DATE. This case is set for a Jury Trial during the two-week trial docket beginning 06/06/2022, in Courtroom 19-B at 9:30 am at the Orange County Courthouse, 425 N. Orange Avenue, Orlando, FL. Length of time currently estimated for trial is: TBD 4, PRE-TRIAL CONFERENCE. Counsel and pro se parties shall attend a Pre-Trial Conference on May 3, 2022 at 1:30 pm, in Hearing Room 1700.02, at the Orange County EXHIBIT "B"Courthouse, 425 N. Orange Ave., Orlando, Florida. No telephonic appearances are permitted. All appearances shall be in person.! 5. EXPERT WITNESSES; DISCLOSURE; DEADLINES; TESTS, EXAMINATIONS AND EXPERIMENTS; LIMITATION ON NUMBER AT TRIAL (a) The disclosure of expert witnesses shall be set forth in the division specific guidelines attached as Exhibit A. (b) Any additional experts will only be permitted to be listed upon stipulation or leave of court for good cause. (c) Immediately following disclosure, the parties will confer and agree upon a schedule for taking the experts’ depositions. Experts will be made available for deposition by the party retaining them without necessity of subpoena. (d) The deposition of all experts should be completed prior to mediation and must be completed prior to the pretrial conference. (e) All out-of-court testing, experiments or physical or mental examinations will be completed by an experts prior to the expert’s deposition unless leave of Court is obtained for completion after deposition. (f) As used herein, “disclosure” means furnishing in writing (i) the expert’s name, business address and telephone number, (ii) his/her curriculum vitae or qualifications, (iii) his/her medical specialty or field of expertise, (iv) a statement of the specific subjects upon which the expert will testify and offer opinions and (v) the party or parties against whom the expert will be called to testify. (g) The parties may supersede sub-paragraphs A through F by filing a written stipulation or moving the Court to modify it upon good cause shown. (h) The Court may limit the number of experts at trial. 6. EXCHANGE OF WITNESS LISTS AND EVIDENCE SCHEDULES. Not later than forty-five (45) days before the Pre-Trial Conference, attorneys and pro se parties shall serve upon each other (but not e-file) the following: (a) List of all Witnesses (including known impeachment and rebuttal witnesses) which the party might call at trial. The list shall contain the name, address and telephone number of the witness and whether the witness is a liability or damage witness. Also, expert witnesses shall be designated as such. ' All in-person requirements contained in this Order shall take place virtually until further Order from this Court.(b) Schedule of all exhibits which a party may offer at trial numbered sequentially. Exhibits shall be described with specificity. For example, “all medical records” is insufficient. The schedules will include all depositions to be offered in evidence at trial. 7. REQUIREMENTS PRIOR TO PRE-TRIAL CONFERENCE, (a) MEETING OF ATTORNEYS, AND PRO SE PARTIES. No later than ten (10) working days prior to the pretrial conference, counsel who will try the case, and pro se parties, if any, shall meet. Attendance at this meeting is mandatory.? Plaintiff’s attorney (or if plaintiff is pro se, Defendant’s attorney) shall arrange a mutually agreeable time, date, and place for this meeting. At the meeting the attorneys, and pro se parties, shall: 1. 2. Discuss and attempt to settle the case. Produce, examine, and initial every evidentiary exhibit intended to be offered at trial; agree upon those which can be admitted as joint exhibits, those which can be admitted without objection, and identify those to which objection will be made and the grounds for each objection, and note this on a separate copy of each party’s exhibit schedule. Objections not reserved or grounds not noted on such separate schedule will be deemed waived at trial. The annotated separate copies of the schedules will be attached to and made a part of the joint pretrial statement required in paragraph 8 of this Order. Review the witness lists and in good faith note on a separate copy which witnesses and depositions will actually be used at trial. The annotated separate copies of the witness list will be attached to the joint pretrial statement required in paragraph 8 of this Order. Discuss and stipulate to any facts requiring no proof at trial. Discuss, clarify and frame all factual issues of fact to be tried. Identify all issues of law, procedure, or evidence to be decided by the Court prior to or during trial. Agree upon and draft a concise statement of the case to be read by the Court at the beginning of voir dire. Attempt to agree upon the number of preemptory challenges. Discuss and attempt to agree upon any other matters leading to a more orderly and expeditious trial, ¢.g., copies in lieu of originals, witnesses out of turn, ? All in-person requirements contained in this Order shall take place virtually until further Order from this Court.which portions and how depositions will be presented’, how collateral set-off will be handled, etc. 8. JOINT PRE-TRIAL STATEMENT. Following the meeting of attorneys, Plaintiff's attorney (or Defendant’s attorney, if Plaintiff is pro se) shall prepare and present to opposing counsel and pro se parties a “Proposed Joint Pre-Trial Statement.” The statement shall be signed by all attorneys and pro se parties and the original filed with the clerk, and one hard copy shall be delivered to the judge no later than three (3) business days prior to the Pre-trial Conference. If the Parties are unable to agree on the contents of the Joint Pre-Trial Statement, the differing views should be set forth therein. The Joint Pre-Trial Statement shall contain the following: 1. 2. A statement of the case to be read to the jury at the beginning of voir dire. A statement of admitted facts which may be read at trial as a stipulation of counsel. Issues of fact to be tried. Issues of law, procedure or evidence to be determined by the Court prior to or during trial. The annotated copy of each party’s witness list will be attached. The annotated copy of each party’s schedule of exhibits showing objections and grounds will be attached. The number of peremptory challenges agreed upon or requested. A current estimate of the number of days required for trial. Any other matters agreed to by counsel or which need to be addressed by the Court at pretrial conference. 9. DISCOVERY CUT-OFF. Discovery closes on the day prior to the Pre-Trial Conference unless extended by Court order for good cause shown. All depositions and CME reports must be completed, and answers to interrogatories, responses to request to produce and requests for admissions will be due before the closure date. Joint Stipulations to extend discovery without Court order do not alter the discovery cut-off. * See Exhibit A for Guidelines regarding deposition designations.10. MOTIONS CUT-OFF DEADLINE. (a) Motions for summary judgment or judgment on the pleadings must be filed and scheduled for hearing to be held prior to the pretrial conference date. (b) All Motions, including Daubert motions (other than motions in limine) must be filed and heard at least 30 days prior to Pre-Trial Conference. (c) Motions in Limine (amended by Exhibit A), motions to exclude witnesses or evidence, or other motions directed to the conduct of the trial for which grounds then exist must be filed and copies delivered to opposing counsel prior to the Pre-Trial Conference. (d) Motions in Limine must be scheduled and heard no later than one week prior to the beginning of the trial period. Sce also Standing Procedures for Motions in Limine Division 33. 11. TRIAL BRIEFS. Trial briefs are optional but if one is filed, a copy for the Court shall be delivered to Chambers no less than three (3) working days before trial. Highlighted copies of relevant legal authorities must accompany the copy delivered to the Court and opposing party’s copy. 12. NOTIFICATION OF SETTLEMENT. The parties shall immediately notify the judicial assistant of a settlement immediately via email to ctjasb2@ocnjcc.org followed within five (5) business days by a filed Notice of Settlement signed by all parties. The case will not be removed from the Pre-Trial docket until all documents necessary for closure of the case are filed with the Clerk, 13. MODIFICATION OF ORDER FOR GOOD CAUSE. The provisions of this Order may be modified only by Court order in accordance with applicable law. 14. SANCTIONS. Unexcused failure of counsel or pro se party to attend the meeting of attorneys required in paragraph 7(a), the Pre-Trial Conference, or trial or to comply with the requirements of this Order may result in the imposition of appropriate sanctions, which may include contempt, dismissal, default, striking of pleadings, exclusion of evidence, assessment of fees or costs, and/or other sanctions. 15. AUDIO/VISUAL. Requests for audio and/or visual equipment must be made at least 48 hours in advance of trial. For assistance, see the Court’s web site, www.ninthcircuit.org under Services > Technology Services > Audio/Visual. 16. DIVISION SPECIFIC GUIDELINES. A copy of the additional guidelines applicable to the division in which this matter will be tried is attached as Exhibit A. Counsel are charged with reading and being familiar with the contents of the following Division 33 documents: (i) Guidelines, Procedures and Expectations; (ii) Guidelines for Counsel Regarding CompulsoryMedical Examinations; and (iii) Ninth Circuit Courtroom Decorum Policy (Amended, September 2014). 2 DONE AND ORDERED in Chambers, at Orlando, Orange County, Florida on this | day of October, 2021. BEAMER CERTIFICATE OF SERVICE \ h ) I HEREBY CERTIFY that the foregoing was filed with the Clerk of the Court Hatt day of October, 2021 by using the Florida Courts E-Filing Portal System. Accordingly, a copy of the foregoing is being served on this day to all attorney(s)/interested parties identified on the ePortal Electronic Service List, via transmission of Notices of Electronic Filing generated by the ePortal System. 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, Human Resources, Orange County Courthouse, 425 N. Orange Avenue, Suite 510, Orlando, Florida, (407) 836-2303, 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.SUMMARY OF DEADLINES - Division 33 Mediation: Completed prior to Pre-Trial Conference. (§2) Plaintiff's Expert Witness list with deposition dates: Due 90 days prior to Pre-Trial Conference. (§5 and Exhibit A §1) Defendant's Expert Witness list with deposition dates: Due within 60 days prior to Pre- Trial Conference. (§5 and Exhibit A 41) Exchange of Witness Lists and Exhibit Schedules: Due 45 days before date of Pre-Trial Conference. (§6) Motions for Summary Judgment, and hearings related to discovery or trial matters: Filed and heard prior to Pre-Trial Conference (§10; See Division 33 Policies and Procedures). Motions in Limine must be filed and heard no later than 7 days prior to the first day of trial period. (§10b; Exhibit A, § 2) Must comply with Standing Procedures for Motions in Limine Division 33. All Motions, including Daubert motions, other than motions in limine, must be filed and heard at least 30 days prior to Pre-Trial Conference. (§10) Meeting of Attorneys and Pro Se parties: ten (10) working days prior to Pre-Trial Conference. (§7) Deposition Designations: Designations must be made at the meeting of attorneys. Cross- designations made within three (3) days after the meeting of the attorneys. Designations, cross-designations, and objections must be contained in or attached to the Joint Pre-Trial Statement. (See Exhibit A). Joint Jury Instructions/Verdict Forms: Must be provided to the Court seven (7) days before trial period is to commence. (See Exhibit A). Joint Pre-Trial Statement: signed by attorneys/pro se parties and filed and a hard copy delivered to chambers no later than 3 business days prior to Pre-Trial Conference. (§8) Discovery Cut-Off: 1 day prior to Pre-Trial Conference. (§9) Trial briefs (optional): 3 working days prior to Trial. (§11)EXHIBIT A — for JURY TRIAL CASES Additional Pretrial Guidelines for Division 33 . EXPERT WITNESS DISCLOSURE (amending § 5): (a) By Plaintiff(s): Not later than 90 days before the date of the pretrial conference, Plaintiff(s) shall disclose all expert witnesses (including treating physicians) that in good faith Plaintiffs) actually intend to call at trial. Disclosure includes providing three (3) days when the retained experts will be ready, with opinion, for deposition. (b) By Defendant(s): Not later than 60 days before the date of the pretrial conference, Defendant(s) shall disclose all expert witnesses (including treating physicians) that in good faith Defendant(s) actually intend to call at trial. Disclosure includes providing three (3) days when the retained experts will be ready, with opinion, for deposition. . SCHEDULING OF MOTIONS IN LIMINE: Motions in Limine must be scheduled and heard no later than one week prior to the beginning of the trial period. Hearing time is limited and counsel should not assume that hearing time will be available for motions filed, but not heard, before Pre-trial Conference. No Motions in Limine will be heard during the trial period absent a showing of good cause. Counsel must comply with the Division 33 Procedures for Hearings and Rulings on Motions in Limine. . DAUBERT HEARINGS (Fla. Stat. §90.702): Motions to exclude expert witnesses must be heard at least thirty (30) days prior to the Pre- Trial conference unless good cause is shown for scheduling the matter later. . DEPOSITION DESIGNATIONS (modifying §7): (a) At the meeting of the attorneys/pro se parties prior to Pre-Trial Conference, deposition designations shall be made. Cross designations shall be made within three (3) days after the meeting. (b) The designations and cross designations shall be included in the Joint Pretrial Statement in a page-and-line description of any testimony that remains in dispute after an active and substantial effort at resolution, together with argument and authority for each party’s position. Designations or objections not contained in the Joint Pretrial Statement will not be entertained. . JURY INSTRUCTIONS (a) One set of joint jury instructions and verdict form(s) are to be prepared and submitted to the Court at least 5 business days prior to the beginning of the trial period.(b) Disputed instructions should be noted within the joint jury instructions. Specifically, if the parties cannot agree to a specific instruction, the Plaintiff's proposed instruction should be provided first, and then the Defendant’s competing instructions should be contained in the following paragraph. Prior to trial or during the charge conference, the Court will decide which specific instruction will be read to the jury. (c) The agreed set of jury instructions must be provided to the Court via e-mail (in WORD FORMAT in 14-point font) no less than 5 business days prior to the beginning of the trial. (d) Each page shall be numbered. (e) Prior to closing arguments, the Court will provide each juror with a written copy of all jury instructions when the jury retires to deliberate. (f) The final instructions should not contain any citations or information as to who requested the instruction. (g) The Court typically may read some substantive law instructions to the jury during preliminary instructions; however, the Court may omit this reading if counsel have not timely provided an agreed set of instructions to the Court.