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Filing # 97304653 E-Filed 10/15/2019 02:25:37 PM
IN THE CIRCUIT COURT OF THE
NINTH JUDICIAL CIRCUIT IN AND
FOR ORANGE COI.]NTY. FLORIDA
NORTHWEST FEDERAL CREDIT UNION, CASE NO: 2017 -CA-0097 l2-O
CIVIL DIV.: 33
Plaintiff(s),
vS.
MARTHA MENDOZA and RAFAEL BAEZ.
jointly and severally,
Defendant(s).
UNIFORM ORDER SETTING CASE FOR NONJURY
TRIAL; PRE-TRIAL CONFERENCE 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:
1. 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 (1) day non-jury trialduring the two-
week trial period beginning SEPTEMBER 14,2020, at 9:00 A.M., in COURTROOM l9B,
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 AUGUST 11,2020, at l:30 p,m., in Hearing Room
I1OO.O2. THERE ARE NO TELEPHONIC APPEARANCES AT PRE-TRIAL
CONFERENCE. THEREFORE. ALL APPEARANCES SHALL BE IN PERSON.
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 plaintiff will 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.
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5. . 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 pa(y 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 EXIIIBITS 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 CONFERENCE.
(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. Plaintiff s
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:
1. 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 exhibits, those which can be admitted without
objection, and identify those to which objection will be made and the grounds of each 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 ofthe joint pretrial statement
required in paragraph 6(b) ofthis order.
3. Review the witness listsand 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 attached to the joint pretrial statement required in paragraph 6(b) ofthis order.
4. Discuss and stipulate as to those facts which will require no proof at trial.
5. Discuss, clarify and frame all factual issues offact to be tried.
6. Identify 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
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orderly and expeditious trial, e.9., copies in lieu of originals, witnesses out of turn, which
portions and how depositions will be presented, how collateral set-off will be handled, etc.
(b) JOINT PRETRIAL STATEMENT. Following the meeting of attomeys,
plaintiff s attomey (or defendant's attomey, if plaintiff is pro se) shall 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 the judge 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 of fact 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 of each party's witness listwill be attached.
5. The annotated copy ofeach party's schedule of exhibits showing objections and
grounds will be attached.
6. A current estimate of the number of hours/days required for trial.
7. A specification of damages claimed by each pa(y.
8. List ofall outstanding motion(s) and date/time ofthe hearing(s) or statement
whether each motion(s) is/are waived/withdrawn/moot.
9. Any other matters agreed to by counsel or which need to be addressed by the Court
at pretrial conference.
7. DISCOVERY CUT-OFF DEADLINE. All discovery shall close on the day prior
to the pretrial conference unless extended by Court order for sood cause shown. ',Close,,means
all depositions and CMEs with reports will be completed, and answers to intenogatories,
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 modifr the discovery cut-off
deadlines.
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8. MOTIONS CUT-OFF DEADLINE.
(a) All motions for summary judsment or judgment on the pleadines must be filed
and scheduled for hearine to be held prior to the oretrial 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
identi$ 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 of the 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 ofthe 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 of expertise, (iv) a statement of the specifrc subjects upon which
the expert will testiff and offer opinions and (v) the party or parties against whom the expert will
be called to testify.
(d) Any additional experts will only be permitted to be listed upon stipulation or leave
ofcourt for good cause shown.
(e) Immediately following disclosure the parties will confer and agree upon a schedule
for taking the experts' depositions. Expeff 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.
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(h) The parties may supersede sub-paragraph (a) through (g) by filing written
stipulation or move the Court to modifu it upon good cause shoun.
(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
commence. Highlighted copies of primary legal authorities cited must accompany the chambers
copy and opposing party's copy.
ff. NOTIFICATION OF SETTLEMENT. The parties will notifu the Judge's
judicial assistant immediatelv bv emaiVteleohone upon the case being settled and fax/email a
Notice of Seftlement signed by both parties prior to the Trial being removed from the docket.
12. INCONSISTENCY WITH CASE MANAGEMENT ORDER. If there are any
provisions of this 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 listsand evidence
schedules attached to it may be modified by Court order based upon motion showing good cause.
f4. SANCTIONS. Unexcused failure of counsel or unrepresented party to attend the
meeting of attomeys required in paragraph 6(a), the pretrial conference or trial or to comply with
the requirements of this order will subject offending counsel or party to appropriate sanctions,
which may include contempt, dismissal, default, striking ofpleadings, exclusion ofevidence,
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.orgy'judees/circuit iudees/kevin weiss.shtrnl or email the Judicial
Assistant (S!qie_l@!qiS!.Ag) for copies. All counsel are charged with reading and being
familiar with the contents thereof and complying therewith.
,2019.
KEVIN B. WEISS, CIRCUITJUDGE
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that the foregoing was filed with the Clerk of the Court this
* { nl byusing the Florida courts E-Filing Portal System.
-E#, - -,2019
Accordingly, a copy ofthe foregoing is being served on this day to all attorney(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.
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Gay, Jil!
?/rr/ro
From: Jeanette Mora
Sent: Monday, October 7,2019 4:00 PM
To: Gay, Jill; Benjamin C. lseman
Cc: Maribel Garcia
Subject: Re: 138329 - Northwest Federal Credit Union - Mendoza/Martha
September 15th works for me.
Thanks,
Jeanette
Sent fiom my Verizon. Samsung Galaxy smartphone
---- Original message --------
From: "Gay, Jill"
Date: l0l7l19 3:55 PM (GMT-05:00)
To: Jeanette Mora , "Benjamin C. Iseman"
Cc: Maribel Garcia
Subject: RE: 138329 - Northwest Federal Credit Union - Mendoza,/Martha
Which trial period would you like?
ftu q",t
Judicial Assistant to Judge Kevin B. Weiss
Circuit Civil Div. 33
Orange County Courthouse
425 N. Orange Avenue, Suite 1145
Orlando, FL 32801
Phone: 407-836-2354
Email. ctiaiol@ocnicc.orq
From: Jeanette Mora
S€nt: Thursday, October 3,2019 3:43 PM
To: Gay, Jill ; Benjamin C. lseman
Cc: Maribel Garcia
Subiect: Re: 138329 - Northwest Federal Credit Union - Mendoza/Martha
Both of those trial periods fie open for me as well.
Jeanette Mora
407-734-0680
Sent fiom my Verizon, Samsung Galaxy smartphone
------- Original message --------
From: "Gay. Jill"
Date: 1013/19 3:32 PM (GMT-05:00)
To: "Benjamin C. Iseman" , Jeanette Mora <]ganggg@!0ela-l4w.co!g>
Cc: Maribel Garcia
Sent: Thursday, October 3, 2019 11:16 AM
To: Jeanette Mora
Cc: Gay, Jill ; Maribel Garcia
Subject: Re: 138329 - Northwest Federal Credit Union - Mendoza/Martha
August looks most open on my end.
On Oct 3, 2019, at 11:14 AM, Jeanette Mora \arote:
I will be out of the country from June 22-lnly 2. Jill, do you have open slot in August? Benjamin and Maribel,
would August be amenable?
Warm Regards,
Jeanette
Jeaneue Mor4 Fsq.
I;rw ()flice Mora,
ol .f c;urctte P.A.
l5 S. ()rlaldo Avcnuc
Kissimuree, FL 3,17.11
('trO7) 7340680 rlircct
(107) 650-257'1 l.u