Jury Demand in ANTHONY DAVIS J VS SECURITY| Trellis.Law

On April 17, 2020 a Order was filed involving a dispute between Davis Anthony Jr, and Security First Florida, Security First Insurance Company, for CONTRACT & INDEBTEDNESS in the District Court of Brevard County.

Preview
Filing # 129248348 E-Filed 06/22/2021 01:19:36 PM

IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT
IN AND FOR BREVARD COUNTY, FLORIDA

CASE NO. 05-2020-CA-024628
JUDGE JACOBUS
ANTHONY DAVIS JR.,

Plaintiff(s),

vs.

SECURITY FIRST INSURANCE COMPANY d/b/a
SECURITY FIRST FLORIDA,

Defendant(s).
/
¢ PLAINTIFF’S COUNSEL SHALL BE RESPONSIBLE FOR COORDINATING THE
PREPARATION OF THE PRE-TRIAL STIPULATION AND ORDER.
¢ PLEASE SEND COPY OF PRE-TRIAL STIPULATION AND ORDER DIRECTLY
TO THE JUDGE AT LEAST THREE (3) BUSINESS DAYS PRIOR TO THE PRE-
TRIAL CONFERENCE DATE.

ORDER RE: PRE-TRIAL CONFERENCE, PRE-TRIAL
STIPULATION AND ORDER OF REFERRAL FOR MEDIATION

It appears that the above-styled case is at issue and ready for trial. On the Court’s
own Motion, it is ORDERED:

1. JURY TRIAL: The Jury Trial in this matter will be tried during the Court’s four
(4) week jury trial docket beginning Monday, July 18, 2022 at 9:00 A.M. at the
Harry T. and Harriette V. Moore Justice Center, 2825 Judge Fran Jamieson Way,
Viera, Florida.

An Order of Trials for the trial docket will be sent to attorneys and pro se
litigants prior to the start of the trial docket.

2. PRE-TRIAL CONFERENCE: A Pre-Trial Conference pursuant to Rule 1.200,
Florida Rules of Civil Procedure, to consider all matters suggested herein to facilitate
the orderly disposition of this case, will be held on June 20, 2022 at 9:00 A.M. before
this Court at the Harry T. and Harriette V. Moore Justice Center, 2825 Judge Fran
Jamieson Way, Viera, Florida.

Each party shall be represented at the Pre-Trial Conference by the attorney or
pro se litigant who expects to conduct the actual trial of this cause.
ATTORNEYS AND PRO SE LITIGANTS MUST BE PRESENT for the Pre-Trial
Conference. No Telephone Conferences will be permitted for the Pre-Trial
Conference.

Filing 129248348 ANTHONY DAVIS J VS SECURITY 05-2020-CA-024628-XXXX-XX
3. JOINT PRE-TRIAL STIPULATION: Counsel for the parties and pro se litigants
shall, at least three (3) business days prior to the Pre-Trial Conference, file with the
Clerk of the Court a JOINT Pre-Trial Stipulation, signed by the attorneys who will try
the case.

A. THE JOINT PRE-TRIAL STIPULATION SHALL CONFORM TO THE
ATTACHED PRE-TRIAL STIPULATION FORM AND SHALL INCLUDE:

i. A concise statement of the cause of action sued upon (including
nature of the action, date and place of accrual, and identity of the
parties as they relate to the action).

ii. A concise statement of any Counterclaim, Crossclaim or Third-
Party Claim contained in this action.

iii. An accurate, complete, and concise statement of the issues to be
tried on each of the above claims.

iv. A good faith estimate of the time required to try your portion of the
case.

A list of:

a. Any undisposed of motions.

b. Any amendments to be made to the pleadings.

vi. A schedule of exhibits to be offered at trial, marked for I.D.,
lettered consecutively as, e.g. Plaintiff's or Defendant’s Pre-Trial
Exhibit A, B, C, etc. After Z, start with AA, AB, AC, etc. After
AZ, start with BA, BB, BC, etc. Also prepare an exhibit log
listing all exhibits with sufficient copies of the log for counsel, the
court and the clerk.

vii. A complete list of witnesses from whom testimony will be
presented at the trial, together with the address of each witness.

viii. A statement containing the following information:

a. Whether a settlement demand has been made. If so, the
date last such demand was made.

b. Whether opposing parties have made an offer to said
settlement demand. If so, the date last such settlement
offer was made.

c. Whether you consider settlement possibility to be good, fair,
poor or nil.

Filing 129248348 ANTHONY DAVIS J VS SECURITY 05-2020-CA-024628-XXXX-XX
4. MEDIATION: Within twenty (20) days from the date of this Order, the attorney
for the Plaintiff shall file with the Court, either the attached Mediation Stipulation
completed and signed by or in behalf of all parties, or said attorney for Plaintiff shall sign
the Statement of No Agreement on said form that no such Stipulation was achieved. The
Mediation Conference in this case shall be scheduled to occur NO LATER THAN 45
DAYS PRIOR TO PRE-TRIAL CONFERENCE.

5. TRIAL EXHIBITS: The parties shall meet prior to submission of the Pre-Trial
Stipulation to exchange trial exhibits. Plaintiff's counsel shall be held responsible
by the Court for arranging and holding a meeting for inspection of exhibits.

The attorneys and pro se litigants shall initial the back of each other’s exhibits
so that there will be no dispute regarding whether a trial exhibit was disclosed
to all parties.

6. TRIAL BRIEFS AND TRIAL NOTEBOOKS: If applicable, these must be
submitted to the Court three (3) business days before the trial period begins.

7. PRE-TRIAL CONFERENCE:

A Matters to be addressed at the Pre-Trial Conference:

i. MEDIATION: The parties will notify the Court as to the date
mediation took place.

ii. TARGET DATES: The parties will advise the Court if all target
dates as agreed by the parties or ordered by the Court (including
discovery) have been met.

iii. RULE OF SEQUESTRATION: The parties will notify the Court if
the Rule of Sequestration will be invoked. If so, it will be invoked
prior to voir dire. Parties shall instruct their respective witnesses
on this matter.

iv. VENIRE AND VOIR DIRE: Counsel and pro se litigants will notify
the Court at the Pre-Trial Conference as to the number of jurors
that will be needed in the venire.
The following procedure will be used at trial to comply with Rule
1.431(e), Florida Rules of Civil Procedure. Plaintiff will initially
examine the venire without making any preemptory challenges.
Defendant will then examine the venire. Prior to the exercise of
“for cause” challenges and preemptory challenges, the venire will
be asked to leave the Courtroom. Back striking is permitted.

There will be two alternate jurors chosen.

OPENING STATEMENTS: The parties will notify the Court at the
Pre-Trial Conference as to the length of time each party is
requesting for opening statement.
The parties will notify the Court and all parties as to any

Filing 129248348 ANTHONY DAVIS J VS SECURITY 05-2020-CA-024628-XXXX-XX
demonstrative aids requested to be used in
opening statement. All objections to any
demonstrative aids will be made at the Pre-Trial Conference.

vi. COURT REPORTER: The parties will notify the Court regarding
which party is responsible for ordering the Court Reporter, and
who will pay for the Court Reporter.

vii. COURTROOM NEEDS: Any technology, audiovisual or other
courtroom needs should be brought to the Court’s attention (e.g.
DVD player, television, etc.). You will be required to contac!
Court Technology at 321-637-5401/2/3 to reserve equipment.

viii. SCHEDULING ISSUES: Any scheduling problems with
witnesses or attorneys or pro se litigants should be brought to the
Court’s attention.

ix. JUDICIAL NOTICE: The parties will notify the Court of any issues
to be judicially noticed.

B. The following shall be brought to the Pre-Trial Conference by the
parties (the parties shall bring enough copies for the Court, opposing
parties, and the clerk):

i. STATEMENT OF THE CASE: The parties will prepare and bring to
the Pre-Trial Conference a Statement of the Case that the Court
should read to the venire.

EXHIBIT LOG: The parties shall prepare an exhibit log listing all
exhibits to be offered at trial.
The trial exhibits shall be marked for identification and lettered
consecutively (e.g. Plaintiff's or Defendant’s Pre-Trial Exhibit A, B,
C, etc. After Z, start with AA, AB, AC, etc. After AZ start with BA,
BB, BC etc.)

The exhibit logs should reflect objections to the trial exhibit(s) and
the basis of the objection(s) (except hearsay and relevancy which
will be addressed during the trial). The Court will address those
objections at the Pre-Trial Conference.

iii. JURY INSTRUCTIONS AND VERDICT FORMS: Jury
instructions and proposed verdict forms shall be presented to the
Court at the Pre-Trial Conference. All requested jury instructions
shall be printed in full. Instructions from Florida Standard Jury
Instructions shall not be requested by number only.
Jury Instructions:
. Initial Jury Instructions will be given prior to opening
statements

. Final Jury Instructions will be given prior to closing arguments

Filing 129248348 ANTHONY DAVIS J VS SECURITY 05-2020-CA-024628-XXXX-XX
. Jurors will be permitted to take notes and ask questions
§ 40.50, Fla. Stat.

iv. DEPOSITIONS TO BE READ AT TRIAL: If there are depositions
to be read at trial in lieu of live testimony and if there are
objections contained in the deposition(s) that the Court must rule
on, a copy of the Deposition(s) should be brought to the Pre-Trial
Conference and left with the Court so that the Court can read the
entire deposition(s) prior to trial.

8. ORDERS AND FORMS: In addition to this Pre-Trial and Referral for Mediation
Order, the following is contained herein:

A. Form for Joint Pre-Trial Stipulation

B. Mediation Stipulation

9. PENALTIES: Upon failure of any party to comply with the provisions of this
Order, the Court will avail itself of such penalty provisions as may be provided by law.

It is further ADJUDGED that within five days from the date of eservice of this Order,
Plaintiff's counsel shall:

1. Furnish a copy of this Order to each self-represented party by U.S. Mail, first
class, postage paid; and

2. File a certificate signed by Plaintiff's counsel that delivery of this Order has
been made as set forth herein.

DONE AND ORDERED in chambers at Viera or Titusville, Brevard County,
Florida this 22"4 day of June 2021.

——
BUS
CIRCUIT JUDGE

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been
furnished by electronic service to all counsel of record this 22"4 day of June 2021.

Senior Civil Case Manager

Filing 129248348 ANTHONY DAVIS J VS SECURITY 05-2020-CA-024628-XXXX-XX
If you are a person with a disability who needs any accommodation 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 Court Administration, 2825 Judge Fran Jamieson Way, 3rd floor,
Viera, Florida, 32940-8006, (321) 633-2171 ext. 2 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.

Filing 129248348 ANTHONY DAVIS J VS SECURITY 05-2020-CA-024628-XXXX-XX
IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT
IN AND FOR BREVARD COUNTY, FLORIDA

CASE NO. 05-2020-CA-024628
JUDGE JACOBUS
ANTHONY DAVIS JR.,

Plaintiff(s),

vs.

SECURITY FIRST INSURANCE COMPANY d/b/a
SECURITY FIRST FLORIDA,

Defendant(s).

JOINT PRE-TRIAL STIPULATION

This Pre-Trial Stipulation is entered into between the parties this day of

» 20.

1. STATEMENT OF THE ACTION: This is an action

Filing 129248348 ANTHONY DAVIS J VS SECURITY 05-2020-CA-024628-XXXX-XX
2. STIPULATIONS: The parties stipulate as follows:

(a)
(b)
(c)
ISSUES AT TRIAL: The issues at the trial of this cause will be

( ) Whether Plaintiff has met threshold of F.S. 627.737.

() Negligence of the Defendant

() Negligence of the Plaintiff

() Damages sustained by Plaintiffs.

() Collateral Source and PIP Set-off.

() Seat Belt Defense.

() Between Plaintiffs and Defendants

(1)
(2)
(3)
(4)
(5)
(_) Between Plaintiffs and Defendants

(1)
(2)
(3)
(4)
(5)
( ) Between Counter-Claimants.

Filing 129248348 ANTHONY DAVIS J VS SECURITY 05-2020-CA-024628-XXXX-XX
And Counter-Defendants

on the Counterclaim:

(1)
(2)
(3)
(4)
(_) Between Cross-Claimants

And Cross-Defendants:

on the Cross-Claim:

(1)
(2)
(3)
(4)
(_) Between Third-Party Plaintiffs

and Third-Party Defendants:

on the Third-Party Claim:

(1)
(2)
(3)
(4)
4. PLAINTIFF'S EXHIBITS: The following agreements are made as to Plaintiffs

Pre-Trial exhibits:

( ) The Defendants offer no objections to the following Plaintiffs Pre-Trial

exhibits:

Filing 129248348 ANTHONY DAVIS J VS SECURITY 05-2020-CA-024628-XXXX-XX
( ) The Defendants agree to the form and reasonableness of the following

Plaintiffs Pre-Trial exhibits, but object to their materiality and relevancy:

(_) The Defendants agree to the authenticity of the following Plaintiffs Pre-Trial

exhibits, but object to their materiality and relevancy:

(_) The Defendants reserve all objections to the following Plaintiffs Pre-Trial

exhibits:

( ) As_to_ photographs, (Plaintiffs Pre-Trial exhibits through

), the testimony of the photographer will not be required. Defendants reserve

all other objections.

( ) As to Plaintiffs hospital records. (Pre-Trial exhibits through

), the testimony of the Records Custodian will not be required. Defendants

reserve all other objections.

( ) X-Rays of the Plaintiff,

» may be used by either side without the testimony of the

Radiologist or Technician, provided they are identified by a physician.

5. DEFENDANT'S EXHIBITS: The following agreements are made as to the

Defendant's Pre-Trial exhibits:

( ) The Plaintiffs offer no objection to the following Defendant's Pre-Trial

exhibits:

Filing 129248348 ANTHONY DAVIS J VS SECURITY 05-2020-CA-024628-XXXX-XX
(.) The Plaintiffs agree to the authenticity of the following Defendant's Pre-Trial

exhibits, but object to their materiality and relevancy:

() The Plaintiffs reserve all objections to the following Defendant's Pre-Trial

exhibits:

( ) As_to photographs, (Defendant's Pre-Trial exhibits through

), the testimony of the photographer will not be required. Plaintiffs reserve all

other objections.

() As to hospital records, (Defendant's Pre-Trial exhibits through

), the testimony of the Records Custodian will not be required. Plaintiffs

reserve all other objections.

6. COPIES IN LIEU OF ORIGINALS: The parties agree that copies of original

documents may be used in lieu of originals.

7. ANATOMICAL CHARTS AND SKELETAL DEVICES: These may be used at

trial if a physician testifies they will aid in presenting his testimony.

8. PEREMPTORY CHALLENGES: The parties shall have peremptory challenges

as follows:

(a) Plaintiff:

(b) Defendant:

(a) Defendant:

Filing 129248348 ANTHONY DAVIS J VS SECURITY 05-2020-CA-024628-XXXX-XX
9. MORTALITY TABLES: A mortality table published in Florida Statutes, Florida

Statutes Annotated or by the U.S. Department of Health and Human Services may be

used, if applicable.

10. MEDICAL TESTIMONY: Medical testimony may be presented at any time.

11. DISCOVERY: Discovery shall be completed no later than the time set in

Order Setting Target Objectives.

12, PLAINTIFF’S LIST OF WITNESSES:

13. DEFENDANT’S LIST OF WITNESSES:

Filing 129248348 ANTHONY DAVIS J VS SECURITY 05-2020-CA-024628-XXXX-XX
14. ADDITIONAL REQUIREMENTS AS TO WITNESSES:

(a) The name and address of any newly discovered witness shall be

communicated directly to opposing counsel immediately upon ascertainment of the

identity of said witness, but not later than five (5) days prior to trial. At the same time,

the name and address shall be furnished in writing to opposing counsel with the original

to the Court file.

(b) Any change of address of a witness previously listed on one's Pre-Trial

Statement shall be communicated to counsel for the other party(ies) immediately on

learning of the address change.

15. SETTLEMENT NEGOTIATIONS:

(a) Settlement Demand Yes. No. Date.

(b) Settlement Offer Yes. No. Date.

PLAINTIFF ATTORNEY

DEFENDANT ATTORNEY

Filing 129248348 ANTHONY DAVIS J VS SECURITY 05-2020-CA-024628-XXXX-XX
IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT
IN AND FOR BREVARD COUNTY, FLORIDA

CASE NO. 05-2020-CA-024628
JUDGE JACOBUS
ANTHONY DAVIS JR.,

Plaintiff(s),

vs.

SECURITY FIRST INSURANCE COMPANY d/b/a
SECURITY FIRST FLORIDA,

Defendant(s).

MEDIATION STIPULATION

The undersigned, as attorneys for each of the respective above named parties
stipulate and agree to the following matters for the Court to include in its Order for
Mediation:

1 Pursuant to Rule 1.700(f) of the Florida Rules of Civil Procedure, the
parties agree that the Mediator shall be:

whose address is

2 The parties agree that the Mediation Conference shall take place pursuant
to the Order of Referral as follows:

a. Time:

b. Date:

c. Place:

Filing 129248348 ANTHONY DAVIS J VS SECURITY 05-2020-CA-024628-XXXX-XX
3 The parties further represent to the Court that the Mediator has been
contacted and has agreed to the Mediation Conference, as scheduled and that
arrangements have been made for the Mediation to occur at the time, date and place
scheduled, hereinabove.

Agreement to the foregoing Stipulation is evidenced by the signing hereof by each
of the parties.

Signed by Plaintiffs attorney on

Mediator’s Hourly Fee: $

Attorneys for Plaintiff Attorneys for Defendant
Printed Name/Address /Phone: Printed Name/Address /Phone:

(Phone) (Phone)

STATEMENT OF NO AGREEMENT

The undersigned attorney for the Plaintiff hereby states that the parties have not
been able to agree to the foregoing Mediation Stipulation as to the matters left blank in
same.

Signed by Plaintiff's attorney on

Attorney for Plaintiff
Printed Name/Address /Phone:

Filing 129248348 ANTHONY DAVIS J VS SECURITY 05-2020-CA-024628-XXXX-XX
(Phone)

CERTIFICATE OF SERVICE

The undersigned certifies that the original of this document has been filed with
the Court with a copy mailed to each counsel of record and to each party not represented
by counsel this day of >

Attorney for Plaintiff
Printed Name/Address/Phone:

(Phone)

NOTE: This document must be filed with the Court no later than twenty (20) days from
the date of the Order of Referral.

Filing 129248348 ANTHONY DAVIS J VS SECURITY 05-2020-CA-024628-XXXX-XX

Case Info

Judge

CURT JACOBUS Track Judge’s New Case

Case No.

(Subscribe to View)

Document Filed Date

June 22, 2021

Case Filing Date

April 17, 2020

County

Parties

CAULEY JESSICA A Attorney for the Defendant
DAVIS ANTHONY JR Plaintiff
DIOCARES JONTHAN M Attorney for the Defendant
JUSTUS COREY B Attorney for the Plaintiff
KIMMEL GINA Attorney for the Plaintiff
NATION MARK A Attorney for the Plaintiff
SECURITY FIRST FLORIDA Defendant
SECURITY FIRST INSURANCE COMPANY Defendant
VELAZCO JENNIFER L Attorney for the Defendant
WARDSINGLETON ASHLEY Attorney for the Defendant
Gerald Albrecht Attorney
Iniv Gabay Attorneys for Defendants
Ashley Ward-Singleton Attorneys for Defendants
Keith Truppman Attorneys for Plaintiffs
Kimberly Jones Attorneys for Defendants
Sean Williams Attorney
Sean Bogle Attorney

For full print and download access, please subscribe at https://www.trellis.law/.

Order: ANTHONY DAVIS J VS SECURITY

Preview

Case Info

Parties