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Filing # 143581035 E-Filed 02/09/2022 11:26:49 AM
IN THE CIRCUIT COURT FOR THE FIFTH JUDICIAL CIRCUIT
IN AND FOR MARION COUNTY, FLORIDA
LOANDEPOT.COM, LLC,
Plaintiff,
vs.
Case No.: 42-2019-CA-2539
UNKNOWN HEIRS, BENEFICIARIES,
DEVISEES, SURVIVING SPOUSE,
GRANTEES, ASSIGNEE, LIENORS,
CREDITORS, TRUSTEES, AND ALL
OTHER PARTIES CLAIMING AN
INTEREST BY, THROUGH, UNDER, OR
AGAINST THE ESTATE OF ROBERT M.
DICKENS, DECEASED; et al.,
Defendants.
/
ORDER ON CASE MANAGEMENT CONFERENCE
and SCHEDULING NON-JURY TRIAL
THIS CAUSE came before the Court on February 8, 2022, for a Case Management
Conference. Counsel for Plaintiff appeared. Defendant Cheryl Sponagle appeared. Having
jurisdiction over the parties and subject matter of this action, having reviewed the court file and
being otherwise fully advised in the premises, it is hereby,
ORDERED AND ADJUDGED:
1. A Non-Jury Trial is scheduled for Tuesday, May 3, 2022, at 2:00 p.m. EST before
the Honorable Victor J. Muslch in the Grand Jury Room — 2™ Floor, Marion County Judicial
Center, 110 NW 1° Avenue, Ocala, Florida. Please check in with 2™ Floor Security upon arrival.
2. Parties must appear in person if the issues are contested. If the issues are not
contested, Parties may appear electronically by connecting to Zoom via the app or website at
www.zoom.us and entering the Meeting ID: 557 798 2370 and Passcode: 444738. If you appear
by Zoom, a camera must be used so the Court can identify you.
3. Plaintiff shall serve a copy of this order to each Defendant and interested party not
served through e-mail designation.
Page 1 of 4
Electronically Filed Marion Case # 19CA002539AX 02/09/2022 11:26:49 AM4. Counsel shall provide a proposed Final Judgment in Word format at least two days
prior to the hearing to the office of the undersigned. Plaintiff shall provide three (3) postage paid
envelopes per party to assist the Clerk of Court with mailing procedures related to the Final
Judgment. The Original Note and Mortgage must be filed with the Clerk prior to the Non-Jury
Trial.
5. Parties shall complete additional discovery 15 days prior to the trial date.
Discovery conducted after this time period shall only be permitted by the Court for good cause
shown.
6. Each party shall exchange between each other and file directly with the Clerk, a list
of names and address of all witnesses who are expected to testify at the trial of this cause, including
expert witnesses 15 days prior to the trial date. Witnesses may appear by Zoom at the Non-Jury
Trial.
7. All motions shall be heard prior to the Non-Jury Trial. All motions, except a Motion
in Limine, not heard shall be deemed abandoned. It is the movant’s responsibility to contact the
undersigned’s office to schedule said motion(s) prior to the date of the Non-Jury Trial.
8. Arrangements for court reporters at Trial shall be made by the parties.
9. Counsel shall be prepared to negotiate settlement at the Non-Jury Trial and have
full authority to settle the case or have available at the trial a party or representative who does have
full authority to settle. Counsel shall immediately notify the Court in the event of settlement and
submit a stipulation for an Order of Dismissal and a Final Disposition form.
10. All provisions of this Order that require compliance by counsel are likewise
applicable to any party appearing pro se.
11. Trial can only be cancelled or continued by Order following the proper written
pleading.
12. Any party may seek modification of this Order for cause shown. Failure to comply
with the provisions of this Order may result in dismissal of the case or other sanctions.
Page 2 of 413. The Court retains jurisdiction over the parties and subject matter to enforce the
terms of this order and to enter any other orders that are necessary to carry out the intent of this
ruling.
DONE AND ORDERED in Ocala, Marion County, Florida on February 8, 2022.
VY
usleh
Senior Judge
CERTIFICATE OF SERVICE
Thereby certify that a true and correct copy of the foregoing has been furnished using the
Florida Court’s E-Filing E-Portal, via U.S. Mail, and/or Electronic Mail in accordance with the
corresponding addresses listed below on February 9, 2022:
Aldridge Pite LLP
servicemail@aldridgepite.com
By: C. Baker
AMERICANS WITH DISABILITIES ACT (ADA)
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 at the Trial Court Administrator, Marion
County Judicial Center, 110 NW 1st Avenue, Ocala, FL 34475 or 352-401-6796
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 impaired or voice impaired, call 711.
Page 3 of 4IF YOU NEED AN INTERPRETER
No later than ten (10) days prior to the scheduled court hearing, if an interpreter is needed, the
person requiring the interpreter’s services must request an appropriate court interpreter for the
hearing via the Fifth Circuit website:
https://www.circuit5.org/programs-services/interpreting-services/
Additional information on Court Interpreting Services is located at www.circuitS.org under the
Programs & Services section.
SI NECESITA UN INTERPRETE
Si alguien necesita intérprete, la persona que requiere los servicios de un intérprete debe solicitar
un intérprete apropiado por lo menos diez (10) dias antes de la audiencia judicial programada. El
pedido se hace por el sitio web del Quinto Circuito:
https://www.circuit5.org/programs-services/interpreting-services/
Informacion adicional acerca de los Servicios de Interpretacion Judicial esta disponible en el sitio
web www.circuit5.org bajo la seccién titulada “Programs & Services.”
la seccion titulada “Programs & Services.”
Page 4 of 4
Preview
Filing # 143581035 E-Filed 02/09/2022 11:26:49 AM IN THE CIRCUIT COURT FOR THE FIFTH JUDICIAL CIRCUIT IN AND FOR MARION COUNTY, FLORIDA LOANDEPOT.COM, LLC, Plaintiff, vs. Case No.: 42-2019-CA-2539 UNKNOWN HEIRS, BENEFICIARIES, DEVISEES, SURVIVING SPOUSE, GRANTEES, ASSIGNEE, LIENORS, CREDITORS, TRUSTEES, AND ALL OTHER PARTIES CLAIMING AN INTEREST BY, THROUGH, UNDER, OR AGAINST THE ESTATE OF ROBERT M. DICKENS, DECEASED; et al., Defendants. / ORDER ON CASE MANAGEMENT CONFERENCE and SCHEDULING NON-JURY TRIAL THIS CAUSE came before the Court on February 8, 2022, for a Case Management Conference. Counsel for Plaintiff appeared. Defendant Cheryl Sponagle appeared. Having jurisdiction over the parties and subject matter of this action, having reviewed the court file and being otherwise fully advised in the premises, it is hereby, ORDERED AND ADJUDGED: 1. A Non-Jury Trial is scheduled for Tuesday, May 3, 2022, at 2:00 p.m. EST before the Honorable Victor J. Muslch in the Grand Jury Room — 2™ Floor, Marion County Judicial Center, 110 NW 1° Avenue, Ocala, Florida. Please check in with 2™ Floor Security upon arrival. 2. Parties must appear in person if the issues are contested. If the issues are not contested, Parties may appear electronically by connecting to Zoom via the app or website at www.zoom.us and entering the Meeting ID: 557 798 2370 and Passcode: 444738. If you appear by Zoom, a camera must be used so the Court can identify you. 3. Plaintiff shall serve a copy of this order to each Defendant and interested party not served through e-mail designation. Page 1 of 4 Electronically Filed Marion Case # 19CA002539AX 02/09/2022 11:26:49 AM4. Counsel shall provide a proposed Final Judgment in Word format at least two days prior to the hearing to the office of the undersigned. Plaintiff shall provide three (3) postage paid envelopes per party to assist the Clerk of Court with mailing procedures related to the Final Judgment. The Original Note and Mortgage must be filed with the Clerk prior to the Non-Jury Trial. 5. Parties shall complete additional discovery 15 days prior to the trial date. Discovery conducted after this time period shall only be permitted by the Court for good cause shown. 6. Each party shall exchange between each other and file directly with the Clerk, a list of names and address of all witnesses who are expected to testify at the trial of this cause, including expert witnesses 15 days prior to the trial date. Witnesses may appear by Zoom at the Non-Jury Trial. 7. All motions shall be heard prior to the Non-Jury Trial. All motions, except a Motion in Limine, not heard shall be deemed abandoned. It is the movant’s responsibility to contact the undersigned’s office to schedule said motion(s) prior to the date of the Non-Jury Trial. 8. Arrangements for court reporters at Trial shall be made by the parties. 9. Counsel shall be prepared to negotiate settlement at the Non-Jury Trial and have full authority to settle the case or have available at the trial a party or representative who does have full authority to settle. Counsel shall immediately notify the Court in the event of settlement and submit a stipulation for an Order of Dismissal and a Final Disposition form. 10. All provisions of this Order that require compliance by counsel are likewise applicable to any party appearing pro se. 11. Trial can only be cancelled or continued by Order following the proper written pleading. 12. Any party may seek modification of this Order for cause shown. Failure to comply with the provisions of this Order may result in dismissal of the case or other sanctions. Page 2 of 413. The Court retains jurisdiction over the parties and subject matter to enforce the terms of this order and to enter any other orders that are necessary to carry out the intent of this ruling. DONE AND ORDERED in Ocala, Marion County, Florida on February 8, 2022. VY usleh Senior Judge CERTIFICATE OF SERVICE Thereby certify that a true and correct copy of the foregoing has been furnished using the Florida Court’s E-Filing E-Portal, via U.S. Mail, and/or Electronic Mail in accordance with the corresponding addresses listed below on February 9, 2022: Aldridge Pite LLP servicemail@aldridgepite.com By: C. Baker AMERICANS WITH DISABILITIES ACT (ADA) 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 at the Trial Court Administrator, Marion County Judicial Center, 110 NW 1st Avenue, Ocala, FL 34475 or 352-401-6796 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 impaired or voice impaired, call 711. Page 3 of 4IF YOU NEED AN INTERPRETER No later than ten (10) days prior to the scheduled court hearing, if an interpreter is needed, the person requiring the interpreter’s services must request an appropriate court interpreter for the hearing via the Fifth Circuit website: https://www.circuit5.org/programs-services/interpreting-services/ Additional information on Court Interpreting Services is located at www.circuitS.org under the Programs & Services section. SI NECESITA UN INTERPRETE Si alguien necesita intérprete, la persona que requiere los servicios de un intérprete debe solicitar un intérprete apropiado por lo menos diez (10) dias antes de la audiencia judicial programada. El pedido se hace por el sitio web del Quinto Circuito: https://www.circuit5.org/programs-services/interpreting-services/ Informacion adicional acerca de los Servicios de Interpretacion Judicial esta disponible en el sitio web www.circuit5.org bajo la seccién titulada “Programs & Services.” la seccion titulada “Programs & Services.” Page 4 of 4