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Filing # 86605250 E-Filed 03/19/2019 11:22:04 AM
IN THE CIRCUIT COURT, FOURTH
JUDICIAL CIRCUIT, IN AND FOR
CLAY COUNTY, FLORIDA.
CASE NO. 2018CA1047
DIVISION: E
ETHEL BROWN,
Plaintiff(s),
vs.
ORANGE PARK MALL, LLC,
Defendant(s).
ORDER SETTING CASE FOR JURY TRIAL
AND FOR PRE-TRIAL CONFERENCE
AND REQUIRING MATTERS TO BE COMPLETED PRIOR
TO PRE-TRIAL CONFERENCE
It appearing that this cause is at issue and ready for trial, it is, therefore,
ORDERED as follows:
1. TRIAL DATE: This cause is hereby set for jury trial on Monday, June 15,
2020 at 9:00 a.m. Time allocated for trial is four (4) days. Counsel shall appear in
Chambers at 9:00 a.m.
2. PRE-TRIAL CONFERENCE: Pretrial Conference will be held in
Chambers, Room 4-081, Clay County Courthouse, Green Cove Springs, Florida on
Thursday, June 4, 2020 at 11:00 a.m.., in accordance with the provisions of Rule 1.200,
Florida Rules of Civil Procedure. Time allocated for conference is twenty (20) minutes.
3. REQUIREMENTS PRIOR TO PRE-TRIAL CONFERENCE: No later
than seven (7) days prior to the Pre-Trial Conference, attorneys for each party shall meet
together by agreement instigated by counsel for the Plaintiff, to discuss the possibility of
settlement; stipulate to as many facts and issues as possible; examine all exhibits and
documents which may be used at trial; furnish opposing counsel the names and addresses
of all witnesses who may testify at trial; review all video depositions or exhibits to be
used at trial; and complete all other matters which may expedite both the Pre-Trial
Conference and the Trial of this case.
4. REQUIREMENTS OF PRE-TRIAL STIPULATION: Counsel shall
prepare a Pre-Trial Stipulation which shall be filed with the Court at the Pre-Trial
Conference and shall contain the following: (a) a concise factual statement of the natureof the action, which shall include the date and place of accrual, identity of the parties as
they relate to the action, and a brief general statement of each party's case or contention.
The statement shall be in such form and contain such necessary information for the Court
to read to and apprise the jury of the claims to be tried, including any Counter-Claims,
Cross-Claims, or Third-Party Claims; (b) a concise statement of those facts which are
admitted and will require no proof at trial; (c) a concise statement of those issues of fact
which remain to be litigated; (d) any proposed amendments to the pleadings; (e) a
complete list of witnesses, including anticipated impeachment witnesses, specifying the
name and address of each from whom testimony may be presented at trial; (f) a statement
reflecting objections to specific portions of video depositions, testimony, or video
exhibits which may be offered in evidence at trial; and (g) a list of any undisposed
matters to be heard at the Pre-Trial Conference.
5. TRIAL EXHIBITS: All exhibits intended to be offered at trial shall be
exhibited to all opposing counsel prior to the Pre-Trial Conference. The Pre-Trial
Stipulation shall contain a list of all exhibits which may be offered in evidence at trial,
together with a statement of objections, if any, to exhibits offered by the opposing party.
With respect to each item, the Pre-Trial Stipulation shall reflect whether or not the
evidence will be stipulated into evidence, stipulated as to authenticity, with objection
reserved for relevancy and materiality, or objected to in its entirety and the ground
therefor. All exhibits which are the subject of any objection raised in the Pre-Trial
Stipulation shall be brought to the Pre-Trial Conference.
6. EXPERT WITNESSES: No later than one hundred twenty (120) days prior
to the Pre-Trial Conference, Plaintiff(s) shall serve on all opposing counsel and file with
the Court a Notice containing the following information regarding each expert witness
who will testify at trial on behalf of Plaintiff(s): (a) the name and address of the witness;
(b) the area(s) of expertise of the witness; (c) the subject matter of the expected testimony
of the witness; (d) the substance of the facts and opinions about which the witness is
expected to testify; and (e) a summary of the grounds on which each of the opinions of
the witnesses will be based. No later than ninety (90) days prior to the Pre-Trial
Conference, each Defendant shall serve on all other counsel and file with the Court a
Notice containing the same information regarding each expert witness who will testify at
trial on behalf of that defendant. Any expert witness not included on the Notice as
provided herein will not be allowed to testify without an order of the Court.
7. DISCOVERY: All discovery shall be completed prior to the Pre-Trial
Conference unless otherwise extended by written agreement of counsel or by Order of the
Court.
8. JURY INSTRUCTIONS AND VERDICT FORMS: Typed proposed jury
instructions and verdict forms shall be filed with the Court and served on opposing
counsel at commencement of the trial and may be supplemented prior to the Jury
Instruction Conference.9. ATTORNEY REPRESENTATION: The Pre-Trial meeting and the Pre-
Trial Conference shall be attended by an attorney who will participate in the trial of the
case, and all admissions and disclosures of fact made at those times shall be binding on
the client.
10. MEDIATION: This matter is being referred to a Mediator by a separate
order. The Mediator appointed is listed below. It is the responsibility of the Mediator to
confer with counsel for scheduling the Mediation Conference and submitting the
appropriate order for signature. The Mediation Conference must occur prior to the Pre-
Trial Conference,
11. ADMONITIONS: Failure to comply with the requirement of this Order will
subject the party or attorney to appropriate sanctions.
12, ENVELOPES: Counsel for Plaintiff(s) shall furnish to the Court, at the
pretrial conference, envelopes pre-addressed to all counsel for the mailing of the trial
calendar and pretrial orders. (If no email addresses are available).
DONE AND ORDERED in Chambers at Green Cove Springs, Cc ‘lay County,
Florida, this 19th day of March, 2019.
Mediator: G. Michael Burnett, 1
John Cannizzaro, Esquire (j
Jeremy Palma, Esquire (jtp.2
Individuals with disabilities needing a reasonable accommodation to participate in this proceeding should contact Court
inistration not later than seven (7) days prior to the proceeding at 630-2564. Lf notice to the individual of a deposition, court date,
subpoena, etc., is less than seven (7) days, the individual should contact Court Administration as soon as possible after receiving that
notice. Telephone Court Administration or, if hearing impaired, 1-800-955-8771 (TDD) or 1-800-955-8770 (V), via Plorida Relay
Service
Preview
Filing # 86605250 E-Filed 03/19/2019 11:22:04 AM IN THE CIRCUIT COURT, FOURTH JUDICIAL CIRCUIT, IN AND FOR CLAY COUNTY, FLORIDA. CASE NO. 2018CA1047 DIVISION: E ETHEL BROWN, Plaintiff(s), vs. ORANGE PARK MALL, LLC, Defendant(s). ORDER SETTING CASE FOR JURY TRIAL AND FOR PRE-TRIAL CONFERENCE AND REQUIRING MATTERS TO BE COMPLETED PRIOR TO PRE-TRIAL CONFERENCE It appearing that this cause is at issue and ready for trial, it is, therefore, ORDERED as follows: 1. TRIAL DATE: This cause is hereby set for jury trial on Monday, June 15, 2020 at 9:00 a.m. Time allocated for trial is four (4) days. Counsel shall appear in Chambers at 9:00 a.m. 2. PRE-TRIAL CONFERENCE: Pretrial Conference will be held in Chambers, Room 4-081, Clay County Courthouse, Green Cove Springs, Florida on Thursday, June 4, 2020 at 11:00 a.m.., in accordance with the provisions of Rule 1.200, Florida Rules of Civil Procedure. Time allocated for conference is twenty (20) minutes. 3. REQUIREMENTS PRIOR TO PRE-TRIAL CONFERENCE: No later than seven (7) days prior to the Pre-Trial Conference, attorneys for each party shall meet together by agreement instigated by counsel for the Plaintiff, to discuss the possibility of settlement; stipulate to as many facts and issues as possible; examine all exhibits and documents which may be used at trial; furnish opposing counsel the names and addresses of all witnesses who may testify at trial; review all video depositions or exhibits to be used at trial; and complete all other matters which may expedite both the Pre-Trial Conference and the Trial of this case. 4. REQUIREMENTS OF PRE-TRIAL STIPULATION: Counsel shall prepare a Pre-Trial Stipulation which shall be filed with the Court at the Pre-Trial Conference and shall contain the following: (a) a concise factual statement of the natureof the action, which shall include the date and place of accrual, identity of the parties as they relate to the action, and a brief general statement of each party's case or contention. The statement shall be in such form and contain such necessary information for the Court to read to and apprise the jury of the claims to be tried, including any Counter-Claims, Cross-Claims, or Third-Party Claims; (b) a concise statement of those facts which are admitted and will require no proof at trial; (c) a concise statement of those issues of fact which remain to be litigated; (d) any proposed amendments to the pleadings; (e) a complete list of witnesses, including anticipated impeachment witnesses, specifying the name and address of each from whom testimony may be presented at trial; (f) a statement reflecting objections to specific portions of video depositions, testimony, or video exhibits which may be offered in evidence at trial; and (g) a list of any undisposed matters to be heard at the Pre-Trial Conference. 5. TRIAL EXHIBITS: All exhibits intended to be offered at trial shall be exhibited to all opposing counsel prior to the Pre-Trial Conference. The Pre-Trial Stipulation shall contain a list of all exhibits which may be offered in evidence at trial, together with a statement of objections, if any, to exhibits offered by the opposing party. With respect to each item, the Pre-Trial Stipulation shall reflect whether or not the evidence will be stipulated into evidence, stipulated as to authenticity, with objection reserved for relevancy and materiality, or objected to in its entirety and the ground therefor. All exhibits which are the subject of any objection raised in the Pre-Trial Stipulation shall be brought to the Pre-Trial Conference. 6. EXPERT WITNESSES: No later than one hundred twenty (120) days prior to the Pre-Trial Conference, Plaintiff(s) shall serve on all opposing counsel and file with the Court a Notice containing the following information regarding each expert witness who will testify at trial on behalf of Plaintiff(s): (a) the name and address of the witness; (b) the area(s) of expertise of the witness; (c) the subject matter of the expected testimony of the witness; (d) the substance of the facts and opinions about which the witness is expected to testify; and (e) a summary of the grounds on which each of the opinions of the witnesses will be based. No later than ninety (90) days prior to the Pre-Trial Conference, each Defendant shall serve on all other counsel and file with the Court a Notice containing the same information regarding each expert witness who will testify at trial on behalf of that defendant. Any expert witness not included on the Notice as provided herein will not be allowed to testify without an order of the Court. 7. DISCOVERY: All discovery shall be completed prior to the Pre-Trial Conference unless otherwise extended by written agreement of counsel or by Order of the Court. 8. JURY INSTRUCTIONS AND VERDICT FORMS: Typed proposed jury instructions and verdict forms shall be filed with the Court and served on opposing counsel at commencement of the trial and may be supplemented prior to the Jury Instruction Conference.9. ATTORNEY REPRESENTATION: The Pre-Trial meeting and the Pre- Trial Conference shall be attended by an attorney who will participate in the trial of the case, and all admissions and disclosures of fact made at those times shall be binding on the client. 10. MEDIATION: This matter is being referred to a Mediator by a separate order. The Mediator appointed is listed below. It is the responsibility of the Mediator to confer with counsel for scheduling the Mediation Conference and submitting the appropriate order for signature. The Mediation Conference must occur prior to the Pre- Trial Conference, 11. ADMONITIONS: Failure to comply with the requirement of this Order will subject the party or attorney to appropriate sanctions. 12, ENVELOPES: Counsel for Plaintiff(s) shall furnish to the Court, at the pretrial conference, envelopes pre-addressed to all counsel for the mailing of the trial calendar and pretrial orders. (If no email addresses are available). DONE AND ORDERED in Chambers at Green Cove Springs, Cc ‘lay County, Florida, this 19th day of March, 2019. Mediator: G. Michael Burnett, 1 John Cannizzaro, Esquire (j Jeremy Palma, Esquire (jtp.2 Individuals with disabilities needing a reasonable accommodation to participate in this proceeding should contact Court inistration not later than seven (7) days prior to the proceeding at 630-2564. Lf notice to the individual of a deposition, court date, subpoena, etc., is less than seven (7) days, the individual should contact Court Administration as soon as possible after receiving that notice. Telephone Court Administration or, if hearing impaired, 1-800-955-8771 (TDD) or 1-800-955-8770 (V), via Plorida Relay Service