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Filing # 93651408 E-Filed 08/05/2019 12:20:12 PM
IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
CIRCUIT CIVIL DIVISION: AD
CASE NO.: 50-2018-CA-015498-XXXX-MB
ERROLL INNISS,
Plaintiff,
vs.
THE FLORIDA HIGHWAY PATROL,
a Division of Florida Department of
Highway and Motor Vehicles, an
Agency of the State of Florida, and
TROOPER RICKY LEE MAYO,
Defendants.
/
ORDER SETTING JURY TRIAL AND
DIRECTING PRETRIAL AND MEDIATION PROCEDURE!
I. SCHEDULING
This action is set for Jw Trial on the eicht week calendar sometime between
DECEMBER 30, 2019 and FEBRUARY 21, 2020. CALENDAR CALLIS SET FOR
: PALM BEACH
COUNTY COURTHOUSE, 205 N. DIXIE HIGHWAY, WEST PALM BEACH, FL
33401. APPEARANCE AT CALENDAR CALL IS REQUIRED. TELEPHONE
APPEARANCES ARE NOT PERMITTED AT CALENDAR CALL. The Court has
reserved THREE (3) to FOUR (4) DAYS for the trial of this cause.
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.
Il. UNIFORM PRETRIAL PROCEDURE
A. On the last business day no later than 90 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.
B. Onthe last business day no later than 60 DAYS PRIOR TO CALENDAR CALL,
the parties shall exchange lists of names and addresses of all rebuttal witnesses.
C. 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, the parties
shall provide:
1. the subject matter about which the expert is expected to testify;
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HILL. PAL BLAU VUUINE TT, PL, OHI. DUUN, ULLIAN, Yuu 12.20.12 FIVECase No. 50-2018-CA-015498-XXXX-MB
2.
3.
4.
5
the substance of the facts and opinions to which the expert is expected to
testify;
a summary of the grounds for each opinion;
a copy of any written reports issued by the expert regarding this case;
. acopy of the expert's curriculum vitae.
D. On the last business day no later than30 DAYS PRIOR TO CALENDAR CALL,
the parties shall confer and:
: discuss settlement:
. simplify the issues and stipulate, in writing, as to as many facts and issues as
possible;
. prepare a Pre-Trial Stipulation in accordance with paragraph E; and
. list all objections to trial exhibits.
E. PRETRIALSTIFULATIONS MUST BE FILiD. it shall be the duty of counsel
for the Plaintiff to see that the Pre-Trial Stipulation is drawn, executed by counsel
for all parties, and filed with the Clerk no later than20 DAYS PRIOR TO
CALENDAR CALL. UNILATERAL PRETRIAL STATEMENTS ARE
DISALLOWED, UNLESS APPROVED BY THE COURT, AFTER NOTICE
AND HEARING SHOWING GOOD CAUSE. Counsel for all parties are charged
with good faith cooperation in this regard. The Pre-Trial Stipulation shall contain in
separately numbered paragraphs:
1.
w
CoOID
a list of all pending motions, including MOTIONS IN LIMINE and
DAUBERT MOTIONS requiring action by the Court and the dates those
motions are set for hearing (MOTIONS IN LIMINE and DAUBERT
HEARINGS shall not be heard the day of the trial or thereafter).
. Stipulated facts which require no proof at trial which may be read to the trier
of fact;
. astatement of all issues of fact for determination at trial;
. each party's numbered list of trial exhibits with specific objections, if any, to
schedules attached to the Stipulation;
. each party's numbered list of trial witnesses with addresses (including all
known rebuttal witnesses); the list of witnesses shall be on separate schedules
attached to the Stipulation;
. astatement of estimated trial time;
. names of attorneys to try case; and
. number of peremptory challenges per party.
. proposed jury instructions to be attached.
BE ORTING OF PRETRIAL. STIPITATION Failure ta file the Pre-Trial
Stipulation or a Court Approved Unilateral Stipulation as above provided may result
in the case being stricken from the Court's calendar at its sounding or other
sanctions.
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G.
ts
ADDITIONAL EXHIBITS, WITNESSES OR OBJECTIONS. At trial, the
parties shall be strictly limited to exhibits and witnesses disclosed and objections
reserved on the schedules attached to the Pre-Trial Stipulation prepared in
accordance with paragraphs D and E, absent agreement specifically stated in the
Pre-Trial Stipulation or order of the Court upon good cause shown. Failure to
reserve objections constitutes a waiver. A party desiring to use an exhibit or witness
discovered after counsel have conferred pursuant to paragraph D shall immediately
furnish the Court and other counsel with a description of the exhibit or with the
witness' name and address and the expected subject matter of the witness’ testimony,
together with the reason for the late discovery of the exhibit or witness. Use of the
exhibit or witness may be allowed by the Court for good cause shown or to prevent
manifest injustice.
. DISCOVERY. Unless otherwise agreed in the Pre-Trial Stipulation, all discovery
must be completed no later than20 DAYS BEFORE THE DATE SET FOR
CALENDAR CALL., absent agreement for later discovery specifically stated in the
Pre-Trial Stipulation or for other good cause shown.
. PRE-TRIAL CONFERENCE. No pre-trial conference pursuant to Fla. R. Civ. P.
1200 is set by the Court on its own motion. If a pre-trial conference is set upon
motion of a party, counsel shall meet and prepare a stipulation pursuant to paragraphs
D and E and file the stipulation no later than10 DAYS BEFORE THE
CONFERENCE. Failure to request a pre-trial conference in a timely fashion
constitutes a waiver of the notice of requirement of Rule 1.200. Motions for
Summary Judgment will not be heard at any pre-trial conference.
. UNIQUE QUESTIONS OF LAW. Five days prior to calendar call, counsel for
the parties are directed to exchange and simultaneously 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.
MODIFICATION TO UNIFORM PRE-TRIAL PROCEDURE. Shall be by
court order only.
PNT AA DAING PV ITO Netw te let anh ete cha met eth wed note
. PRE-MARKING EAHIDINDS. Fildi 1 Widl, Gach pai Shiai Meet With aiid aSSist
the clerk in marking for identification all exhibits, as directed by the clerk.
. DEPOSITION DESIGNATIONS. No later than20_ DAYS PRIOR TO
CALENDAR CALL, each party shall serve his, her, or its designation of
depositions, or portions of depositions, each intends to offer as testimony in his,
her or its case in chief. No later than 10 DAYS PRIOR TO CALENDAR CALL,
each opposing party shall serve his, her, or its counter (or "fairness") designations
to portions of depositions designated, together with objections to the depositions,
or portions thereof, originally designated. No later than calendar call, each party
shall serve his, her or its objections to counter designations served by an opposing
party.
. REQUIRED PRE-CALENDAR CALL MEETING. No later than FIVE DAYS.
PRIOR TO CALENDAR CALL, counsel for the parties are required to meet and
exchange all pre-marked exhibits and demonstratives that will be used at trial.
Counsel for the parties are directed to collaborate on the production of proposed
jury instructions and verdict form and submit same to the Court, prior to calendar call.
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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 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.
settlement is reached, it shall be the responsibility of the attomeys 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
afin aL nate ete 1790 (A Tl. D n
Coit for appolitiieit of a Mediator ii Confority With Rule 1.720 (, Fla R. CWP.
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
Court's discretion, may be stricken from the trial calendar, pleadings may be
stricken, and other sanctions may be imposed.
D. Any party opposing mediation may proceed under Florida Rule of Civil Procedure
1.700(b).
IV. NONCOMPLIANCE
NONCOMPLIANCE WITH ANV PORTION OF THIC ORNER MAV
DUNC Ea A UU ae Uae ia
RESULT IN THE STRIKING OF THE CASE, WITNESSES, OR EXHIBITS,
OR IMPOSITION OF SUCH OTHER SANCTIONS AS ARE JUST.
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.1Sthcircuit.com/onlineservices. The filing of an email
designation with the Clerk’s Office is NOT a registration with Court Administration
for judicial e-service of orders. If do not register with the 15th Cir
forth above, your e-service address will auto-populate with your Florida Bar e-mail
address and may result in order: ing to e-mail addr which are not fre ntl
Page 4 of 6Case No. 50-2018-CA-0 15498-XXXX-MB
checked or are no longer inuse.
In accordance with Administrative Order 2.311-2/13, when an attomey is no longer
counsel of record on a case, the attorney must update his or her primary and
secondary email addresses with the Clerk of Court. (See exhibits attached to A.O.
2311
DONE AND ORDERED in West Palm Beach, Palm Beach County, Florida, this 5th day
of August, 2019.
Jaimie R. Goodman ‘—Judge
pie,
50-2018-CA-015498-XXXX-MB 08/05/2019
Jaimie R. Goodman
Judge
COPIES TO:
BRETT M. STEINBERG 10 SE 1ST AVE BRETT@BRETTSTEINBER
STEC GLAW.COM
DELRAY BEACH, FL 33444 _ steinberglawservice@gmuail.co
m
DAVID C.DUNHAM 11641 KEW GARDENS AVE PLEADINGSNPB@BOBOLA
SUITE 101 W.COM
WEST PALM BEACH, FL dunham@bobolaw.com
33410 dunlap@bobolaw.com
MELANIE GOLDEN 10 SE 1ST AVE melanie @brettsteinberglaw.com
STEC wendy@brettsteinberglaw.com
DELRAY BEACH, FL 33444 _ steinberglawservice@gmail.co
m
SARAH M. BURNS No Address Available burns@bobolaw.com
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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.”
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