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  • NORTHWEST FEDERAL CREDIT UNION vs. MENDOZA, MARTHAet al. CA - Breach of Agreement/Contract document preview
  • NORTHWEST FEDERAL CREDIT UNION vs. MENDOZA, MARTHAet al. CA - Breach of Agreement/Contract document preview
  • NORTHWEST FEDERAL CREDIT UNION vs. MENDOZA, MARTHAet al. CA - Breach of Agreement/Contract document preview
  • NORTHWEST FEDERAL CREDIT UNION vs. MENDOZA, MARTHAet al. CA - Breach of Agreement/Contract document preview
  • NORTHWEST FEDERAL CREDIT UNION vs. MENDOZA, MARTHAet al. CA - Breach of Agreement/Contract document preview
  • NORTHWEST FEDERAL CREDIT UNION vs. MENDOZA, MARTHAet al. CA - Breach of Agreement/Contract document preview
  • NORTHWEST FEDERAL CREDIT UNION vs. MENDOZA, MARTHAet al. CA - Breach of Agreement/Contract document preview
  • NORTHWEST FEDERAL CREDIT UNION vs. MENDOZA, MARTHAet al. CA - Breach of Agreement/Contract document preview
						
                                

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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. Page I of6 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 Page 2 of6 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. Page 3 of6 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. Page 4of6 (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 Page 5 of6 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. Page 6 of6 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