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Filing # 76500339 E-Filed 08/15/2018 03:41:15 PM
IN THE CIRCUIT COURT OF THE
NINTH JUDICIAL CIRCUIT IN AND
FOR ORANGE COUNTY, FLORIDA
ASHRAI ISMAIL, CASE NO: 2017 -CA-004944-O
CIVIL DIV.: 33
Plaintiff(s),
vs.
ZAID ALQAWSMI,
Defendant(s).
UNIFORM ORDER SETTING CASE FORNONJURY
TRIAL; PRE-TRIAL CONT.ERENCE AND REQUIRING
PRETRIAL MATTERS TO BE COMPLETED
It appearing that this case is at issue and can be set for trial, it is ORDERED as follows:
l. 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. TRIAL DATE. This case will be set for a one (l) day non-jury trialduring the two-
week trial period beginning MARCH 4, 2019,at 9:00 A.lVl., in COURTROOM 19B,
ORANGE COUNTY COURTHOUSE,425 N. ORANGE AVE., ORLANDO, FLORIDA
32801.
3. PRETRIAL CONFERENCE. Counsel who will try the case and pro se parties
shall attend a pretrial conference on JANUARY 29,2019, at 1:30 p.m., in Hearing Room
1IOO.O2. THERE ARE NO TELEPHONIC APPEARANCES AT PRE-TRIAL
4. 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. counsel for plaintiffwill submit a
proposed mediation order.
(b) MEDIATION SHALL BE COMPLETED PRIOR TO THE PRETRIAL
CONFERENCE.
(c) Any party may move to defer or dispense with mediation upon good cause
shown.
Page I of6
5. EXCHANGE OF WITNESS LISTS AND EVIDENCE SCHEDULES. Not
later than forty-five (45) days before the pretrial conference, attomeys and pro se parties shall
serve upon each other, and file in the Court 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.
Additionally, expert witnesses shall be designated as such.
(b) SCHEDULE OF ALL EXHIBITS which a party may offer at trialnumbered
sequentially. The schedules will include all depositions to be offered in evidence at trial.
6. REOUIREMENTS PRIOR TO PRETRIAL CONF'ERENCE.
(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 together. Attendance at this meeting is mandatory. Plaintifls
attomey (or if plaintiff is pro se, defendant's attomey) shall arrange a mutually agreeable time,
date and place for this meeting.
At the meeting the attomeys, and pro se parties shall:
l. Discuss and attempt to settle the case.
2. Produce, examine and initial every evidentiary exhibit intended to be offered at
trial; agree on those which can be admitted as joint exhibirc, those which can be admitted without
objection, and identify those to which objection will be made and the grounds ofeach objection,
and note this on a separate copy ofeach 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 ofthe schedules will be attached to and made a part of the joint pretrial statement
required in paragraph 6(b) ofthis order.
3. 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 atached to the joint pretrial statement required in paragraph 6(b) of this order.
4. Discuss and stipulate as to those facts which will require no proof at trial.
5. Discuss, clarify and frame all factual issues of fact to be tried.
6. Identifi] all issues of law, procedure or evidence to be decided by the Court prior to or
during trial.
7. Discuss and attempt to agree upon any other matters which will lead to a more
Page 2 of 6
orderly and expeditious trial, e.g., copies in lieu oforiginals, witnesses out of tum, which
portions and how depositions will be presented, how collateral set-offwill be handled, etc.
(b) JOINT PRETRIAL STATEMENT. Following the meeting of attomeys,
plainti{Ps attomey (or defendant's attomey, if plaintiffis pro se) shatl prepare and present to
opposing counsel and pro se parties a proposed joint written pretrial statement. The
statement shall be signed by all attorneys and pro se parties and the original and one copy
delivered to thejudge no later than the pretrial conference. To the extent the parties differ as
to how portions of the statement should read, the differing views should be set forth in the
statement.
The pretrial statement will contain the following items in the following format:
1. A statement of facts which are admitted and may be read in evidence at trial as a
stipulation of counsel.
2. Issues offact to be tried (framed as they would be set forth in an interrogatory
verdict).
3. Issues of law, procedure or evidence to be determined by the Court prior to or during
trial.
4. The annotated copy ofeach party's witness list will be attached.
5. The annotated copy ofeach party's schedule of exhibits showing objections and
grounds will be attached.
6. A cunent estimate ofthe number ofhours/days required for trial.
7. A specification ofdamages claimed by each party.
8. List ofall outstanding motion(s) and date/time of the hearing(s) or statement
whether each motion(s) is/are waived./withdrawr/moot.
9 Any other matters agreed to by counsel or which need to be addressed by the court
at pretrial conference.
7. DIscovERY cur-oFF DEADLINE. All discovery shall close on the day orior
to the pretrial conference unless extended bv court order for sood cause shown. "close,'means
all depositions and cMEs with reports will be completed, and answers to interrogatories,
responses to request to produce and requests for admissions offact will be due before the closure
date. Joint Stipulations without Court order are not sufficient to modi!, the discovery cut-off
deadlines.
Page 3 of6
8. MOTIONS CUT-OFF DEADLINE.
(a) All motions for summa{v judenent or judsment on the pleadinss must be filed
and scheduled for hearing to be held prior to the pretrial conference date.
(b) All motions in limine or to exclude witnesses or evidence or other motions
directed to the conduct ofthe trial for which grounds then exist must be filed and copies
delivered to opposing counsel prior to the pre-trial conference. Motions in Limine may not
be scheduled for a hearing qlq they contain a certification of good faith attempt to resolve
matter without Court action. Notice of Hearings on Motions in Limine must specifically
identifi the specific issues which remain in controversy after counsel has conferred. Motions in
Limine must be scheduled and heard no later than one week prior to the beginning ofthe trial
period. No Motions in Limine will be heard during the trial period, absent good cause
being shown.
9. EXPERT WITNESSES: DISCLOSURE: DEADLINES: TESTS
EXAMINATIONS AND EXPERIMENTS: LIMITATION ON NUMBER AT TRIAL.
(a) Not later than 90 days before the date of the pre-trial conference, plaintiff(s)
shall disclose all expert witnesses (including treating physicians) that in good faith plaintiff(s)
actually intends to call at trial.
(b) Not later than 75 days before the date of the pre-trial conference, defendant(s)
shall disclose all expert witnesses (including treating physicians) that in good faith defendant(s)
actually intends to call at trial.
(c) As used herein, "disclose" means fumishing in writing (i) the expert,s name,
business address and telephone number, (ii)his or her curriculum vitae or qualifications, (iii)his
or her medical specialty or field ofexpertise, (iv) a statement ofthe specific subjects upon which
the expert will testiff and offer opinions and (v) the party or parties against whom the expert will
be called to testifi,.
(d) Any additional experts will only be permitted to be listed upon stipulation or leave
of court for good cause shown.
(e) 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.
(f) The depositions ofall experts must be completed prior to the pre-trial conference.
(g) All out-of-court testing, experiments or physical or mental examinations will be
completed by an expert prior to the expert's deposition unless leave of Court is obtained for
completion after deposition.
Page 4 of 6
(h) The parties may supersede sub-paragraph (a) through (g) by filing written
stipulation or move the Court to modifu it upon good cause shown.
(i) The Court may limit the number of experts at trial.
10. TRIAL BRIEFS. Trial briefs are optional but if one is to be filed, the original
should be filed and chambers copy delivered not later than five (5) working days before trial is to
cornmence. Highlighted copies of primary legal authorities cited must accompany the chambers
copy and opposing party's copy.
11. NOTIFICATION OF SETTLEMENT. The parties will notifo the Judge's
judicialassistant!@uponthecasebeingsettledandfax/emaila
Notice of Settlement signed by both parties prior to the Trial being removed from the docket.
12. INCONSISTENCY WITH CASE MANAGEMENT ORDER. Ifthere are any
provisions ofthis order which are inconsistent with a case management order entered in this
case, the last Order entered will govem.
13. MODIFICATION OF ORDER FOR GOOD CAUSE. The provisions of this
order, including any time limits, and the joint pretrial statement, witness lists and evidence
schedules attached to it may be modified by Court order based upon motion showing good cause.
f 4. SANCTIONS. Unexcused failure of counsel or uffepresented party to attend the
meeting of attomeys required in paragraph 6(a), the pretrial conference or trial or to comply with
the requirements ofthis order will subject offending counsel or party to appropriate sanctions,
which may include contempt, dismissal, default, striking of pleadings, exclusion of evidence,
assessment fees or costs, and/or other sanctions.
15. DMSION 33 GUIDELINES. A copy of Civil Div 33 Guidelines and Procedures
and Guidelines for Counsel Regarding Compulsory Medical Examinations are available on line
http://www.ninthcircuit.orqy'judges/circuit iudees/kevin_weiss.shtml or email the Judicial
Assistant (g!jqig!@q94pg.qg) for copies. All counsel are charged with reading and being
familiar with the contents thereof and complying therewith.
DONE AND ORDERED in Orange, Fbndathis/5A day of August, 2018.
KEVIN B. WEISS, CIRCUIT JUDGE
CERTIFICATE OF SERVICE
Page 5 of 6
I HEREBY CERTIFY that the foregoing was frled with the Clerk of the Court this
/'Tth day of 4t,2018 by using the Florida Courts E-Filing Po(al System.
Accordingly, a copy ofthe foregoing is being served on this day to all attomey(s)/interested
parties identified on the ePortal Electronic Service List, via transmission of Notices ofElectronic
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, Court
Administration, Orange County Courthouse,425 N. Orange Avenue, Orlando,
FL 32801, (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.
Page 6 of6
Gay, Jill
From: Mary < mary@mikelwcarpenterpa.com >
Sent: Wednesday, August 1,2018 4:35 PM
To: Gay, J ill
Cc: mike@mikelwcarpenterpa.com;'Scott';'Stephanie'
Subject: lsmail v. Alqawsmi, Case No. 2017 -CA-4944-O / Stipulation for Trial Period
Good afternoon,
Pursuant to Judge Weiss's Order Setting Status Hearing, dated July 25,2078, the parties and counsel have stipulated to
the trial period of March 4, 2019 - March 15, 2019 in the above-referenced matter.
Thank you,
Mary
lq Cq&, Legal Assistant to
Mikel W. Carpenter, Esq.
Mikel W. Carpenter, PA
r7+2 S. Woodland Blvd., #408
Del,ar.d FL 32720
(4o7) 8$-3743
mary(dmikelwcarpenterpa.com
This e-mail is intended only for the individuals(s) or entity(ies) named within this message. This e-mail might
contain legally privileged and confidential information. If you properly received this e-mail as a client or
retained expert, please hold onto it in confidence to protect the attomey-client privilege or work product
privileges. Should the intended recipient forward or disclose this message to another person or party, that
action could constitute a waiver ofthe attomey-client privilege. If the reader ofthis message is not the intended
recipient or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review,
dissemination, distribution or copying ofthis communication is prohibited by the sender, and to do so might
constitute aviolation of the Electronic Communications Privacy Act, l8 U.S.C.2510-2521. Ifthis
communication w.rs received in error, we apologize for the intrusion. Please notifo us by reply e-mail and
delete the original message without reading same. Nothing in this e-mail shall, in and of itself, create an
attomey-client privilege with the sender.
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Filing # 76500339 E-Filed 08/15/2018 03:41:15 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA ASHRAI ISMAIL, CASE NO: 2017 -CA-004944-O CIVIL DIV.: 33 Plaintiff(s), vs. ZAID ALQAWSMI, Defendant(s). UNIFORM ORDER SETTING CASE FORNONJURY TRIAL; PRE-TRIAL CONT.ERENCE AND REQUIRING PRETRIAL MATTERS TO BE COMPLETED It appearing that this case is at issue and can be set for trial, it is ORDERED as follows: l. 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. TRIAL DATE. This case will be set for a one (l) day non-jury trialduring the two- week trial period beginning MARCH 4, 2019,at 9:00 A.lVl., in COURTROOM 19B, ORANGE COUNTY COURTHOUSE,425 N. ORANGE AVE., ORLANDO, FLORIDA 32801. 3. PRETRIAL CONFERENCE. Counsel who will try the case and pro se parties shall attend a pretrial conference on JANUARY 29,2019, at 1:30 p.m., in Hearing Room 1IOO.O2. THERE ARE NO TELEPHONIC APPEARANCES AT PRE-TRIAL 4. 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. counsel for plaintiffwill submit a proposed mediation order. (b) MEDIATION SHALL BE COMPLETED PRIOR TO THE PRETRIAL CONFERENCE. (c) Any party may move to defer or dispense with mediation upon good cause shown. Page I of6 5. EXCHANGE OF WITNESS LISTS AND EVIDENCE SCHEDULES. Not later than forty-five (45) days before the pretrial conference, attomeys and pro se parties shall serve upon each other, and file in the Court 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. Additionally, expert witnesses shall be designated as such. (b) SCHEDULE OF ALL EXHIBITS which a party may offer at trialnumbered sequentially. The schedules will include all depositions to be offered in evidence at trial. 6. REOUIREMENTS PRIOR TO PRETRIAL CONF'ERENCE. (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 together. Attendance at this meeting is mandatory. Plaintifls attomey (or if plaintiff is pro se, defendant's attomey) shall arrange a mutually agreeable time, date and place for this meeting. At the meeting the attomeys, and pro se parties shall: l. Discuss and attempt to settle the case. 2. Produce, examine and initial every evidentiary exhibit intended to be offered at trial; agree on those which can be admitted as joint exhibirc, those which can be admitted without objection, and identify those to which objection will be made and the grounds ofeach objection, and note this on a separate copy ofeach 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 ofthe schedules will be attached to and made a part of the joint pretrial statement required in paragraph 6(b) ofthis order. 3. 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 atached to the joint pretrial statement required in paragraph 6(b) of this order. 4. Discuss and stipulate as to those facts which will require no proof at trial. 5. Discuss, clarify and frame all factual issues of fact to be tried. 6. Identifi] all issues of law, procedure or evidence to be decided by the Court prior to or during trial. 7. Discuss and attempt to agree upon any other matters which will lead to a more Page 2 of 6 orderly and expeditious trial, e.g., copies in lieu oforiginals, witnesses out of tum, which portions and how depositions will be presented, how collateral set-offwill be handled, etc. (b) JOINT PRETRIAL STATEMENT. Following the meeting of attomeys, plainti{Ps attomey (or defendant's attomey, if plaintiffis pro se) shatl prepare and present to opposing counsel and pro se parties a proposed joint written pretrial statement. The statement shall be signed by all attorneys and pro se parties and the original and one copy delivered to thejudge no later than the pretrial conference. To the extent the parties differ as to how portions of the statement should read, the differing views should be set forth in the statement. The pretrial statement will contain the following items in the following format: 1. A statement of facts which are admitted and may be read in evidence at trial as a stipulation of counsel. 2. Issues offact to be tried (framed as they would be set forth in an interrogatory verdict). 3. Issues of law, procedure or evidence to be determined by the Court prior to or during trial. 4. The annotated copy ofeach party's witness list will be attached. 5. The annotated copy ofeach party's schedule of exhibits showing objections and grounds will be attached. 6. A cunent estimate ofthe number ofhours/days required for trial. 7. A specification ofdamages claimed by each party. 8. List ofall outstanding motion(s) and date/time of the hearing(s) or statement whether each motion(s) is/are waived./withdrawr/moot. 9 Any other matters agreed to by counsel or which need to be addressed by the court at pretrial conference. 7. DIscovERY cur-oFF DEADLINE. All discovery shall close on the day orior to the pretrial conference unless extended bv court order for sood cause shown. "close,'means all depositions and cMEs with reports will be completed, and answers to interrogatories, responses to request to produce and requests for admissions offact will be due before the closure date. Joint Stipulations without Court order are not sufficient to modi!, the discovery cut-off deadlines. Page 3 of6 8. MOTIONS CUT-OFF DEADLINE. (a) All motions for summa{v judenent or judsment on the pleadinss must be filed and scheduled for hearing to be held prior to the pretrial conference date. (b) All motions in limine or to exclude witnesses or evidence or other motions directed to the conduct ofthe trial for which grounds then exist must be filed and copies delivered to opposing counsel prior to the pre-trial conference. Motions in Limine may not be scheduled for a hearing qlq they contain a certification of good faith attempt to resolve matter without Court action. Notice of Hearings on Motions in Limine must specifically identifi the specific issues which remain in controversy after counsel has conferred. Motions in Limine must be scheduled and heard no later than one week prior to the beginning ofthe trial period. No Motions in Limine will be heard during the trial period, absent good cause being shown. 9. EXPERT WITNESSES: DISCLOSURE: DEADLINES: TESTS EXAMINATIONS AND EXPERIMENTS: LIMITATION ON NUMBER AT TRIAL. (a) Not later than 90 days before the date of the pre-trial conference, plaintiff(s) shall disclose all expert witnesses (including treating physicians) that in good faith plaintiff(s) actually intends to call at trial. (b) Not later than 75 days before the date of the pre-trial conference, defendant(s) shall disclose all expert witnesses (including treating physicians) that in good faith defendant(s) actually intends to call at trial. (c) As used herein, "disclose" means fumishing in writing (i) the expert,s name, business address and telephone number, (ii)his or her curriculum vitae or qualifications, (iii)his or her medical specialty or field ofexpertise, (iv) a statement ofthe specific subjects upon which the expert will testiff and offer opinions and (v) the party or parties against whom the expert will be called to testifi,. (d) Any additional experts will only be permitted to be listed upon stipulation or leave of court for good cause shown. (e) 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. (f) The depositions ofall experts must be completed prior to the pre-trial conference. (g) All out-of-court testing, experiments or physical or mental examinations will be completed by an expert prior to the expert's deposition unless leave of Court is obtained for completion after deposition. Page 4 of 6 (h) The parties may supersede sub-paragraph (a) through (g) by filing written stipulation or move the Court to modifu it upon good cause shown. (i) The Court may limit the number of experts at trial. 10. TRIAL BRIEFS. Trial briefs are optional but if one is to be filed, the original should be filed and chambers copy delivered not later than five (5) working days before trial is to cornmence. Highlighted copies of primary legal authorities cited must accompany the chambers copy and opposing party's copy. 11. NOTIFICATION OF SETTLEMENT. The parties will notifo the Judge's judicialassistant!@uponthecasebeingsettledandfax/emaila Notice of Settlement signed by both parties prior to the Trial being removed from the docket. 12. INCONSISTENCY WITH CASE MANAGEMENT ORDER. Ifthere are any provisions ofthis order which are inconsistent with a case management order entered in this case, the last Order entered will govem. 13. MODIFICATION OF ORDER FOR GOOD CAUSE. The provisions of this order, including any time limits, and the joint pretrial statement, witness lists and evidence schedules attached to it may be modified by Court order based upon motion showing good cause. f 4. SANCTIONS. Unexcused failure of counsel or uffepresented party to attend the meeting of attomeys required in paragraph 6(a), the pretrial conference or trial or to comply with the requirements ofthis order will subject offending counsel or party to appropriate sanctions, which may include contempt, dismissal, default, striking of pleadings, exclusion of evidence, assessment fees or costs, and/or other sanctions. 15. DMSION 33 GUIDELINES. A copy of Civil Div 33 Guidelines and Procedures and Guidelines for Counsel Regarding Compulsory Medical Examinations are available on line http://www.ninthcircuit.orqy'judges/circuit iudees/kevin_weiss.shtml or email the Judicial Assistant (g!jqig!@q94pg.qg) for copies. All counsel are charged with reading and being familiar with the contents thereof and complying therewith. DONE AND ORDERED in Orange, Fbndathis/5A day of August, 2018. KEVIN B. WEISS, CIRCUIT JUDGE CERTIFICATE OF SERVICE Page 5 of 6 I HEREBY CERTIFY that the foregoing was frled with the Clerk of the Court this /'Tth day of 4t,2018 by using the Florida Courts E-Filing Po(al System. Accordingly, a copy ofthe foregoing is being served on this day to all attomey(s)/interested parties identified on the ePortal Electronic Service List, via transmission of Notices ofElectronic 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, Court Administration, Orange County Courthouse,425 N. Orange Avenue, Orlando, FL 32801, (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. Page 6 of6 Gay, Jill From: Mary < mary@mikelwcarpenterpa.com > Sent: Wednesday, August 1,2018 4:35 PM To: Gay, J ill Cc: mike@mikelwcarpenterpa.com;'Scott';'Stephanie' Subject: lsmail v. Alqawsmi, Case No. 2017 -CA-4944-O / Stipulation for Trial Period Good afternoon, Pursuant to Judge Weiss's Order Setting Status Hearing, dated July 25,2078, the parties and counsel have stipulated to the trial period of March 4, 2019 - March 15, 2019 in the above-referenced matter. Thank you, Mary lq Cq&, Legal Assistant to Mikel W. Carpenter, Esq. Mikel W. Carpenter, PA r7+2 S. Woodland Blvd., #408 Del,ar.d FL 32720 (4o7) 8$-3743 mary(dmikelwcarpenterpa.com This e-mail is intended only for the individuals(s) or entity(ies) named within this message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold onto it in confidence to protect the attomey-client privilege or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver ofthe attomey-client privilege. If the reader ofthis message is not the intended recipient or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying ofthis communication is prohibited by the sender, and to do so might constitute aviolation of the Electronic Communications Privacy Act, l8 U.S.C.2510-2521. Ifthis communication w.rs received in error, we apologize for the intrusion. Please notifo us by reply e-mail and delete the original message without reading same. Nothing in this e-mail shall, in and of itself, create an attomey-client privilege with the sender.