Order to Show Cause: WINKLER, DIANA Ket al. vs. HANCOCK, CHRISTOPHER Pet al.

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                                Filing # 131055262 E-Filed 07/20/2021 04:52:09 PM




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

                                                         CASE NUMBER: 2018-CA-006581-O

                                                         DIVISION 39


         DIANA K WINKLER and
         MICHAEL J WINKLER

               Plaintiffs,
        VS.


         CHRISTOPHER P. HANCOCK, et al.

                    Defendant.




                                             ORDER TO SHOW CAUSE

               THIS CAUSE, having come on to be heard before the Court on a review of the file and

        the Court being otherwise duly advised in the premises, hereby

               ORDERS AND ADJUDGES AS FOLLOWS:

                1         On March 22, 2021, the Court entered an Order on Defendants’ Motions to Dismiss

        (the “Dismissal Order”) that directed Defendants to respond to the Third Amended Complaint

        within 20 days of its service.    No Defendant responded within the required time frame.        Instead,

        the parties either moved for an extension or stay or informally decided to defer their responses

        without setting a hearing or obtaining relief from the Dismissal Order.

               2          Upon review of the file in connection with Plaintiffs’ request for a final order as to

        Hyatt Legal, the Court noted the lack of timely responses or any apparent effort to obtain an order

        granting an extension or stay.     As a result, the Court entered an Order Directing Hearing dated

        June 25, 2021.       The Order indicated that the Court has not extended or granted relief from the
response deadline, stated that “the Court cannot allow an indefinite and informal stay of the

proceedings by agreement of the parties alone and must determine whether a stay or extension is

warranted,” and directed a hearing to be coordinated that would occur within 21 days.

        3      No Defendant appears to have complied with the Order dated June 25, 2021, and

the Court is unaware of efforts to obtain hearing time from the Judicial Assistant.

       4.      For the foregoing reasons, the Court will hold a hearing at 2:30 p.m. on August

19, 2021, in Hearing Room      800.01   at the Orange County Courthouse, 425 N. Orange Ave.,

Orlando, Florida 32801.      The hearing will proceed in person unless a motion requesting

videoconference appearance is filed and granted before the hearing.

        5      At the hearing, Defendants will be required to show cause why their pending

requests for extensions or a stay should not be denied and why sanctions should not be imposed.

for any Defendant’s failure to comply with this Court’s Order on Defendants’ Motions to Dismiss

dated March 22, 2021 and Order Directing Hearing dated June 25, 2021.

       6        Failure to appear at the hearing or to show good cause may result in imposition

of sanctions, including, but not limited to, denial of any request for an extension or stay,

striking of pleadings, entry of default, or an award of attorneys’ fees and costs.

       DONE AND ORDERED in Chambers, at Orlando, Orange County, Florida this 20th

day of July, 2021.




                                                    L.        .

                                                                          Sinton
                                                   Signed by Vincent Falcone Ill 07/20/2021 13:28:53 75E7D3hX
                                              Vincent Falcone III
                                              Circuit Judge
CERTIFICATE OF SERVICE

          I HEREBY CERTIFY that the foregoing was filed with the Clerk of the Court this 20%

day of July, 2021 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.
                                                            Prins:
                                                                         oot
                                                       Judicial Assistant