Order: BARONE, FRANCES et al.vs.ASHFORD TRS WQ LLC et al.

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                                Filing #110423548 E-Filed 07/17/2020 03:34:37 PM


                                         IN THE CIRCUIT COURT OF THE
                                       NINTH JUDICIAL CIRCUIT, IN AND
                                        FOR ORANGE COUNTY, FLORIDA

                                                                 Case No.:    2017-CA-003882-O

                                                                 Civil Div. 37-2
        FRANCES BARONE, GABRIEL BARONE,

                        Plaintiff,
        Vv.


        ASHFORD TRS WQ LLC, ASHFORD TRS
        CORPORATION, ASHFORD WQ LICENSEE LLC,
        WQ HOTEL MANAGEMENT LLC,

                        Defendant,
                                                         /

                                                       ORDER
                                    ESTABLISHING PROCEDURES FOR
                             HEARINGS AND RULINGS ON MOTIONS IN LIMINE

                THIS MATTER came before the Court in Chambers and as part of, and as a supplement

        to, the Order On Case Management Conference (OCMC) and/or Uniform Order Setting Case for

        Jury Trial; Pre-trial Conference and Requiring Pretrial Matters to be Completed (UNIFORM.

        ORDER), and the Court finding that certain procedures will expedite and simplify the rulings on

        Motions in Limine assist in the administration of justice in this division, it is Order that:

                        1-       That any and all Motions in Limine from any party must be filed no later

                        than the timeframe set forth in the OCMC and/or UNIFORM ORDER unless

                        extended by this Court.

                        2-       Before setting the Motions in Limine for hearing before the Court,

                        counsel, not support nor paralegal personnel, must meet either by telephone

                        and/or in person and confer on each and every requested Motion in Limine.

                        3-       Subsequent to the meeting(s) counsel filing the Motion in Limine must

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prepare and file a stipulation confirming in writing the agreed upon Motions in

Limine and the agreements as to each.

4-     After the meet and confer requirement has been satisfied, counsel filing

the Motions in Limine shall submit to the Court a written memorandum of law,

with supporting case law, (1) identifying each item in the Motion(s) in Limine

that has not been agreed to by opposing counsel at the meet and confer and (2)

setting forth any arguments and case law in support of the disputed Motion(s) in

Limine. Opposing counsel will have five (5) business days to file a written

response if they wish. The Court will review the memorandums and responses

thereto, if any, and either (1) rule on the specifically disputed Motion(s) in Limine

without a hearing or (2) direct that a hearing be set on the disputed Motion in

Limine. The moving party must send out the notice of hearing and specifically

set forth in the “Notice” the specific matters that remain in dispute and that will

be submitted to the Court for resolution. No additional case law will be

considered that has not been set forth in the previously submitted memorandums

or responses unless that case law was issued subsequent to the submittal of the

memorandums     or Tesponses.


5-     Any Motions in Limine not timely filed and/or not discussed at the meet

and confer, and if unresolved, not set for hearing will be considered abandoned.

6-     The party filing the Motion in Limine will prepare the proposed order on

any contested hearing reflecting the Court’s rulings.

7-     All counsel are reminded that the Court recognizes that rulings on Motions

in Limine are non-final orders subject to modification during trial as evidence is
presented.

             DONE AND ORDERED in Orlando, Florida on this 17th day of July, 2020.




                                               John Marshall Kest
                                               Circuit Judge


                  I HEREBY CERTIFY that the foregoing was filed with the Clerk of the Court this

17th day of July, 2020 by using the Florida Courts E-Filing Portal System. Accordingly, a copy

of the foregoing is being served on this day to all attorney(s)/interested parties identified on the

ePortal Electronic Service List, via transmission of Notices of Electronic Filing generated by the

ePortal System.
                                       >
Diane Iacone, Judicial Assistant~