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Filing # 141975974 E-Filed 01/13/2022 06:05:24 PM
IN THE CIRCUIT COURT OF THE
NINTH JUDICIAL CIRCUIT, IN AND
FOR OSCEOLA COUNTY, FLORIDA
CASE NUMBER: 2020-CA-001106
CIVIL DIVISION: 20
XIAO SHENG YUE,
Plaintiff, .
vs.
CYNTHIA M. FOERSTER AND
CHAPP, INC., ,
Defendants.
a
AMENDED UNIFORM ORDER SETTING CASE FOR JURY TRIAL AND PRE-TRIAL
CONFERENCE AND REQUIRING PRE-TRIAL MATTERS TO BE COMPLETED
(Division 20 - Revised May 1, 2020)
It appearing that this case is at issue and ready to 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. FAILURE TO COMPLY
WITH ALL REQUIREMENTS OF THIS ORDER MAY RESULT IN THE IMPOSITION OF
SANCTIONS. ;
2. REFERRAL TO MEDIATION; DEADLINE. This case is hereby referred to mediation.
The parties shall immediately consult and agree on a mediator anda date for mediation. Plaintiff's counsel
shall submit a proposed Mediation Order to the Court within ten (10) days ofthe date of this Order. Court-
ordered mediation shall be completed prior to the Pre-Trial Conference.
3. TRIAL DATE. This case is set for a Jury Trial during the three (3) week trial docket
beginning MARCH 21, 2022, in Courtroom 5-E at 9:00 am at the Osceola County Courthouse, 2
Courthouse Square, Kissimmee, Florida 34741.
Length of time currently estimated for trial is: 4 DAYS.
4. PRE-TRIAL CONFERENCE. Lead Trial Counsel and pro se parties shall attend a Pre-
Trial Conference on FEBRUARY 7, 2022, at 2:00 p.m., in Courtroom 5-E. Telephonic and video
appearances may be arranged. Please contact the judicial assistant or check the website for Division 20’s
Remote Appearances Procedures. PRE-TRIAL CONFERENCE HAS BEEN WAIVED.
5. EXPERT WITNESSES: DISCLOSURE; DEADLINES; TESTS; EXAMINATIONS;
EXPERIMENTS; AND LIMITATION AT TRIAL.
Revised May I, 2020
Division 20 - Uniform Trial Order
(a) No less than 90 days before the Pre-Trial Conference, Plaintiff(s) shall disclose all expert
witnesses (including treating experts) that in good faith, Plaintiff(s) actually intends to testify at trial.
(b) Within fifteen (15) days of the Plaintiff(s) disclosure of experts, the Defendant(s) shall
disclose all expert witnesses that in good faith, Defendant(s) actually intends to testify at trial.
(c) As used herein, “disclose” means furnishing 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 specific subjects upon which the expert will testify
and offer opinions and (v) the party or parties against whom the expert will be called to testify. Any changes
in an expert’s opinion or changes in the basis of the expert’s opinion must be disclosed to all parties no less
than forty-five (45) days prior to the Pre-Trial Conference.
(d) Parties disclosing expert(s) shall provide opposing counsel three (3) proposed deposition
dates for each expert disclosed. Opposing Counsel shall select one of the dates provided within five (5)
business days of receipt of disclosure or request additional dates. If requested, new deposition dates shall
be provided to opposing counsel within five (5) days of the request. The party receiving the alternate dates
shall select one of the dates provided within five (5) days of the receipt thereof. The parties shali attend ex
parte or short matters before the undersigned within ten (10) days if, at this point, the parties are unable to
schedule expert depositions.
(e) All out-of-court testing, experiments or physical or mental examinations by experts must
be completed prior to the expert’s deposition.
(f) Experts will be made available for deposition by the party retaining them without
necessity of subpoena. The Court may limit the number of experts at trial.
6. EXCHANGE OF WITNESS LISTS AND EVIDENCE SCHEDULES. No less than sixty
(60) days before the Pre-Trial Conference, attorneys and pro se parties shall serve the following:
(a) A list of all witnesses including potential impeachment and rebuttal witnesses who may
testify at trial. The list shall provide the name, address and telephone number of the witness and shall
specify whether the witness is a liability, damage, rebuttal or impeachment witness.
(b) A schedule of all exhibits, including depositions, a party may offer at trial, lettered
sequentially. Exhibits shall be described with specificity. For example, “all medical records” is
insufficient.
7. ADDITIONAL REQUIREMENTS PRIOR TO PRETRIAL CONFERENCE.
(a) No less than 30 days prior to the Pre-Trial Conference, each party shall serve
designations of the depositions it intends to offer at trial. No less than 20 days prior to Pre-Trial
Conference, the parties shall serve counter (or “fairness”) designations. Disputes over deposition
designations must be heard by the Court no less than five (5) business days before the first day of
Trial. If the parties cannot resolve disputes over deposition designations, and no hearing time can
be coordinated, the parties shall submit a properly marked copy of the transcript and a proposed
order identifying the page and line of the designations and of the objections that must be ruled on
by the Court no less than five (5) business days before the first day of Trial.
Page 2 of 8
(b) Jury Instructions. The parties shall exchange proposed jury instructions and Verdict forms
no later than thirty (30) working days prior to the Pre-Trial Conference.
(c) No later than fifteen (15) days prior to the Pre-Trial Conference, lead counsel and pro se
parties, if any, shall meet either live or by video. Live or video attendance at this meeting by lead trial
counsel is mandatory. Plaintiff’s attorney (or if Plaintiff is pro se, Defendant’s attorney) shall arrange a
mutually agreeable time, date and place for this meeting and, if the meeting is to occur by video, shall also
arrange the video conference and provide the information to all counsel/parties.
At the meeting the attorneys, and pro se parties, shall:
1. Discuss and attempt to settle the case.
2. Produce all documents to be offered at trial. Exhibits must be Bates stamped in any
case in which more than fifty (50) exhibits are involved.
3. Examine, and initial every exhibit to be produced by the opposing side(s) at trial.
The Parties shall agree on those exhibits which will be admitted as joint exhibits and
those which can be admitted without objection. The parties shall then identify all other
exhibits and specify any objections thereto. “Exhibit Schedules” shall then be prepared
reflecting these separate categories of exhibits for each Party. The Exhibit Schedules for
each party shall be attached to the Joint Pre-Trial Statement described below. ANY
OBJECTIONS NOT NOTED ARE WAIVED.
4. Review opposing parties’ witness lists. Witness lists for each Party shall be attached
to the Joint Pre-Trial Statement described below.
5. Discuss and stipulate to any facts requiring no proof at trial.
6. Discuss, clarify and frame all factual issues of fact to be tried.
7. Identify all legal, procedural or evidentiary issues to be decided prior to or during trial.
8. Discuss any evidentiary stipulations.
9. Agree upon and draft a concise statement of the case to be read by the Court at the
beginning of voir dire.
10. Discuss the proposed jury instructions (voir dire through closing) and verdict forms.
The Court will instruct the jury on the law prior to opening statements: discuss which
jury instructions are to be read at that time. For Standard Jury Instructions — Civil Cases,
see www. floridasupremecourt.org. The parties shall prepare the following:
(i.) All Agreed Jury Instructions, including Supreme Court instructions for voir
dire, instructions prior to opening, instructions prior to closing argument and
instruction following closing arguments.
(ii.) All disputed instructions identifying the Party proposing it/them and the
phase ofthe Trial for which the instruction is proposed.
Page 3 of 8
(iii.) The above versions of Jury Instructions shall be prepared to include a cover
page reflecting the style of the case, an appropriate title, with instructions
following in paragraph form without Jury Instruction numbers, headers or
brackets. Instructions shall be 14-point, Times New Roman and double spaced.
Pages shall be numbered.
(iv.) The proposed jury instructions and verdict form(s) shall be provided to the
Court at the Pre-Trial Conference in hard copy ANDa digital copy shall be sent to
the Judicial Assistant at ctjawbl@ocnjcc.org in WORD FORMAT.
11. Discuss and attempt to agree upon any other matters leading to a more orderly and
expeditious trial, e.g. copies in lieu of originals, witnesses out of turn, etc.
12. Discuss and exchange all demonstrative aids, including presentations board, models,
picture video/computer presentations, reenactments and animations.
8. JOINT PRE-TRIAL STATEMENT. No less than ten (10) days before the Pre-Trial
Conference, Plaintiff's attorney (or Defendant’s attorney, if Plaintiff is pro se) shall serve a “Proposed Joint
Pre-Trial Statement” reflecting any and all agreements and disputes as to the matters listed below. The
Parties shall immediately thereafter attempt to resolve any disputes in the Proposed Joint Pre-Trial
Statement. A Joint Pre-Trial Statement addressing the matters described below shall then be prepared, filed
and served no less than five (5) days before the Pre-Trial Conference. The original shall be filed with
the Clerk and one hard copy shall be delivered to the judge no later than 5 business days prior to the Pre-
trial Conference.
(a) The Joint Pre-Trial Statement shall contain the following:
1. A statement of the case to be read to the jury at the beginning of voir dire.
2. A statement of admitted facts which may be read at trial as a stipulation of
counsel.
3. Issues of fact to be tried.
4. Unresolved issues of law, procedure or evidence.
5. Each party’s witness list.
6. Each party’s schedule of exhibits with objections.
7. Any stipulation on evidentiary matters specifying the applicable matters to
which such stipulation applies, ie. authenticity, hearsay exceptions, etc.
8. The number of peremptory challenges.
9. Estimate of the number ofjurors requested for the venire panel.
10. A current estimate of the number of days required for trial.
11. The specific category of damages, including attorneys’ fees, claimed by each party
and, when possible, the amount of such damages sought by each party.
Page 4 of 8
12. Designation of Lead Trial Counsel. No change of Lead Trial Counsel may be
made without leave of the Court, if such change disrupts the trial schedule.
13. A list of all outstanding motions and date/time of any hearing thereon or statement
as to whether each motion is/was waived/withdrawn/moot..
14. Identify with specificity, any matters of which the parties will ask the Court to take
Judicial Notice under Fla, Stat. 90.201 and 90.202, and notate any objections or
agreement thereto by opposing counsel.
(b) If the Parties are unable to agree on the contents of the Joint Pre-Trial Statement, the
differing views should be set forth therein.
9. DISCOVERY CUT-OFF DEADLINE. Discovery closes on the day prior to the Pre-Trial
Conference unless extended by Court order for good cause shown. All depositions and CME reports must
be completed; answers to interrogatories, responses to request to produce and responses to requests for
admissions must be served by this date. Joint Stipulations to extend discovery without Court order do not
alter the discovery cut-off.
10. MOTIONS CUT-OFF DEADLINE.
(a) All motions (including Daubert motions) other than motions in limine, must be FILED
AND HEARD at least thirty (30) days prior to the Pre-Trial Conference. Late-filed motions are subject to
summary denial.
(b) Motions in limine or motions to exclude witnesses or evidence or motions directed to the
conduct of the trial must be filed and served prior to the Pre-Trial Conference. Motions in limine may not
be scheduled for a hearing unless they contain a certification of a good faith attempt to resolve the matter
without Court action. Notice of hearings on motions in limine must specifically identify those issues which
remain in controversy after counsel has conferred, in accordance with Division 20’s standing Order on
Motions in Limine. 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.
(c) No Motions may be scheduled for hearing unless they containa certification of good faith
attempt to resolve the matter at issue.
11. TRIAL BRIEFS. Trial briefs are optional but if one is filed, a copy for the Court shall be
delivered to Chambers no less than five (5) working days before trial. Highlighted copies of relevant legal
authorities must accompany the chambers copy delivered to the Court.
12. NOTIFICATION OF SETTLEMENT. The parties shall immediately notify the judicial
assistant of a settlement by email at ctjawbl@ocnjcc.org followed within five (5) business days by a filed
Notice of Settlement signed by all parties. Noncompliance with this paragraph will result in the case
remaining on the docket as well as the possible imposition of other sanctions. The case will not be
removed from the Pre-Trial docket until all documents necessary for closure of the case are filed with
the Clerk.
13. MODIFICATION OF ORDER FOR GOOD CAUSE. The provisions of this Order may
be modified only by Court order in accordance with applicable law.
Page 5 of 8
14. SANCTIONS. Failure to attend the meeting of attorneys required in paragraph 7(c), the
Pre-Trial Conference, or trial or to otherwise strictly comply with the requirements of this Order may result
in the imposition of appropriate sanctions, including but not limited to, contempt, dismissal, default, striking
of pleadings, exclusion of evidence, assessment of fees or costs, and/or other sanctions.
15. AUDIO/VISUAL. Requests for audio and/or visual equipment must be made at least 48
hours in advance of trial. For assistance, see the Court’s web site, www.ninthcircuit.org under Services,
then Technology Services, then Audio/Visual.
16. ADDITIONAL NINTH CIRCUIT AND DIVISION SPECIFIC GUIDELINES:
Counsel are charged with reading and being familiar with the contents of the following Division documents:
(i) Guidelines, Procedures and Expectations of this division; (ii) Guidelines for Counsel Regarding
Compulsory Medical Examinations; and (iii) Amended Ninth Judicial Circuit Courtroom Decorum Policy.
All of the additional guidelines are available at www.ninthcircuit.org/about/judges/circuit/margaret-h-
schreiber.
17. SUMMARY OF DEADLINES. For scheduling purpose only, see Attached Summary of
Deadlines. In the event of any conflict between this Uniform Order and the Summary of Deadlines, this
Uniform Order shall control.
18. INCONSISTENCY WITH CASE MANAGEMENT ORDERS. If there are any provisions
of this Order which are inconsistent with a Case Management Order entered or to be entered in this case,
the Case Management Order will govern.
at.
DONE AND ORDERED in Kissimmee, Florida on this gs, day of | ow, 2022.
{
oh
MARGARET H. SCHREIBER
Circuit Judge — Division 20
(Revised May I, 2020)
CERTIFICATE OF SERVICE
tA
I HEREBY CERTIFY that the foregoing was filed with the Clerk ofthe Court this 3 day of
an * _ , 2022 by using the Florida Courts E-Filing Portal System. Accordingly, a copy ofthe
foregoing is being served on this day to Manuel Stefan, Esquire, mstefan@forthepeople.com,
evictor@forthepeople.com, and to Jorge Santiero, Jr., Esquire, jsanteiro@feci-group.com, ssmith3@feci-
group.com,legalservice@fc i-group.com. jhe
Judicial Assistant’to J udge Schreiber
Page 6 of 8
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, Osceola County Courthouse, 2 Courthouse Square, Suite
6300, Kissimmee, Florida, (407) 742-2417, 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 7 of 8
SUMMARY OF DEADLINES
(Civil Division 20 — Judge Margaret H. Schreiber)
(Revised May I, 2020)
Mediation - completed prior to the Pre-Trial Conference ($2)
Plaintiff's Expert Witness list with deposition dates - 90 days prior to Pre-Trial Conference (§5a; 5d)
Defendant's Expert Witness list with deposition dates - within 15 days of Plaintiff's disclosure ($55; 5d)
Exchange of Witness Lists and Exhibit Schedules — 60 days before Pre-Trial Conference ($6)
Deposition Designations - no later than 30 days prior to the Pre-Trial Conference. Counter Designations
~ no later than 20 days prior to the Pre-Trial Conference ($7a)
Meeting of Attorneys - 15 days prior to Pre-Trial Conference ($7c)
All Motions (including Daubert motions) other than motions in limine - filed and heard at least 30 days
prior to Pre-Trial Conference ($/0a)
Motions in Limine - filed prior to Pre-Trial Conference and heard no later than one week prior to first
day of trial period ($705)
Jury Instructions/Verdict forms - exchanged no later than 30 working days prior to the Pre-Trial
Conference (§7) and presented to the Judge at the Pre-Trial Conference ($7(c)10(iv.))
Joint Pre-Trial Statement signed by attorneys/pro se parties - no less than 5 days before Pre-Trial
Conference ($8)
Discovery Cut-Off - 1 day prior to Pre-Trial Conference ($9)
Trial briefs (optional) - 5 working days prior to Trial ($/ 1)
NOTE: In the event of any conflict between this Summary of Deadlines and the Uniform Order, the
Uniform Order shall control. ,
, Page 8 of 8
Preview
Filing # 141975974 E-Filed 01/13/2022 06:05:24 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR OSCEOLA COUNTY, FLORIDA CASE NUMBER: 2020-CA-001106 CIVIL DIVISION: 20 XIAO SHENG YUE, Plaintiff, . vs. CYNTHIA M. FOERSTER AND CHAPP, INC., , Defendants. a AMENDED UNIFORM ORDER SETTING CASE FOR JURY TRIAL AND PRE-TRIAL CONFERENCE AND REQUIRING PRE-TRIAL MATTERS TO BE COMPLETED (Division 20 - Revised May 1, 2020) It appearing that this case is at issue and ready to 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. FAILURE TO COMPLY WITH ALL REQUIREMENTS OF THIS ORDER MAY RESULT IN THE IMPOSITION OF SANCTIONS. ; 2. REFERRAL TO MEDIATION; DEADLINE. This case is hereby referred to mediation. The parties shall immediately consult and agree on a mediator anda date for mediation. Plaintiff's counsel shall submit a proposed Mediation Order to the Court within ten (10) days ofthe date of this Order. Court- ordered mediation shall be completed prior to the Pre-Trial Conference. 3. TRIAL DATE. This case is set for a Jury Trial during the three (3) week trial docket beginning MARCH 21, 2022, in Courtroom 5-E at 9:00 am at the Osceola County Courthouse, 2 Courthouse Square, Kissimmee, Florida 34741. Length of time currently estimated for trial is: 4 DAYS. 4. PRE-TRIAL CONFERENCE. Lead Trial Counsel and pro se parties shall attend a Pre- Trial Conference on FEBRUARY 7, 2022, at 2:00 p.m., in Courtroom 5-E. Telephonic and video appearances may be arranged. Please contact the judicial assistant or check the website for Division 20’s Remote Appearances Procedures. PRE-TRIAL CONFERENCE HAS BEEN WAIVED. 5. EXPERT WITNESSES: DISCLOSURE; DEADLINES; TESTS; EXAMINATIONS; EXPERIMENTS; AND LIMITATION AT TRIAL. Revised May I, 2020 Division 20 - Uniform Trial Order (a) No less than 90 days before the Pre-Trial Conference, Plaintiff(s) shall disclose all expert witnesses (including treating experts) that in good faith, Plaintiff(s) actually intends to testify at trial. (b) Within fifteen (15) days of the Plaintiff(s) disclosure of experts, the Defendant(s) shall disclose all expert witnesses that in good faith, Defendant(s) actually intends to testify at trial. (c) As used herein, “disclose” means furnishing 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 specific subjects upon which the expert will testify and offer opinions and (v) the party or parties against whom the expert will be called to testify. Any changes in an expert’s opinion or changes in the basis of the expert’s opinion must be disclosed to all parties no less than forty-five (45) days prior to the Pre-Trial Conference. (d) Parties disclosing expert(s) shall provide opposing counsel three (3) proposed deposition dates for each expert disclosed. Opposing Counsel shall select one of the dates provided within five (5) business days of receipt of disclosure or request additional dates. If requested, new deposition dates shall be provided to opposing counsel within five (5) days of the request. The party receiving the alternate dates shall select one of the dates provided within five (5) days of the receipt thereof. The parties shali attend ex parte or short matters before the undersigned within ten (10) days if, at this point, the parties are unable to schedule expert depositions. (e) All out-of-court testing, experiments or physical or mental examinations by experts must be completed prior to the expert’s deposition. (f) Experts will be made available for deposition by the party retaining them without necessity of subpoena. The Court may limit the number of experts at trial. 6. EXCHANGE OF WITNESS LISTS AND EVIDENCE SCHEDULES. No less than sixty (60) days before the Pre-Trial Conference, attorneys and pro se parties shall serve the following: (a) A list of all witnesses including potential impeachment and rebuttal witnesses who may testify at trial. The list shall provide the name, address and telephone number of the witness and shall specify whether the witness is a liability, damage, rebuttal or impeachment witness. (b) A schedule of all exhibits, including depositions, a party may offer at trial, lettered sequentially. Exhibits shall be described with specificity. For example, “all medical records” is insufficient. 7. ADDITIONAL REQUIREMENTS PRIOR TO PRETRIAL CONFERENCE. (a) No less than 30 days prior to the Pre-Trial Conference, each party shall serve designations of the depositions it intends to offer at trial. No less than 20 days prior to Pre-Trial Conference, the parties shall serve counter (or “fairness”) designations. Disputes over deposition designations must be heard by the Court no less than five (5) business days before the first day of Trial. If the parties cannot resolve disputes over deposition designations, and no hearing time can be coordinated, the parties shall submit a properly marked copy of the transcript and a proposed order identifying the page and line of the designations and of the objections that must be ruled on by the Court no less than five (5) business days before the first day of Trial. Page 2 of 8 (b) Jury Instructions. The parties shall exchange proposed jury instructions and Verdict forms no later than thirty (30) working days prior to the Pre-Trial Conference. (c) No later than fifteen (15) days prior to the Pre-Trial Conference, lead counsel and pro se parties, if any, shall meet either live or by video. Live or video attendance at this meeting by lead trial counsel is mandatory. Plaintiff’s attorney (or if Plaintiff is pro se, Defendant’s attorney) shall arrange a mutually agreeable time, date and place for this meeting and, if the meeting is to occur by video, shall also arrange the video conference and provide the information to all counsel/parties. At the meeting the attorneys, and pro se parties, shall: 1. Discuss and attempt to settle the case. 2. Produce all documents to be offered at trial. Exhibits must be Bates stamped in any case in which more than fifty (50) exhibits are involved. 3. Examine, and initial every exhibit to be produced by the opposing side(s) at trial. The Parties shall agree on those exhibits which will be admitted as joint exhibits and those which can be admitted without objection. The parties shall then identify all other exhibits and specify any objections thereto. “Exhibit Schedules” shall then be prepared reflecting these separate categories of exhibits for each Party. The Exhibit Schedules for each party shall be attached to the Joint Pre-Trial Statement described below. ANY OBJECTIONS NOT NOTED ARE WAIVED. 4. Review opposing parties’ witness lists. Witness lists for each Party shall be attached to the Joint Pre-Trial Statement described below. 5. Discuss and stipulate to any facts requiring no proof at trial. 6. Discuss, clarify and frame all factual issues of fact to be tried. 7. Identify all legal, procedural or evidentiary issues to be decided prior to or during trial. 8. Discuss any evidentiary stipulations. 9. Agree upon and draft a concise statement of the case to be read by the Court at the beginning of voir dire. 10. Discuss the proposed jury instructions (voir dire through closing) and verdict forms. The Court will instruct the jury on the law prior to opening statements: discuss which jury instructions are to be read at that time. For Standard Jury Instructions — Civil Cases, see www. floridasupremecourt.org. The parties shall prepare the following: (i.) All Agreed Jury Instructions, including Supreme Court instructions for voir dire, instructions prior to opening, instructions prior to closing argument and instruction following closing arguments. (ii.) All disputed instructions identifying the Party proposing it/them and the phase ofthe Trial for which the instruction is proposed. Page 3 of 8 (iii.) The above versions of Jury Instructions shall be prepared to include a cover page reflecting the style of the case, an appropriate title, with instructions following in paragraph form without Jury Instruction numbers, headers or brackets. Instructions shall be 14-point, Times New Roman and double spaced. Pages shall be numbered. (iv.) The proposed jury instructions and verdict form(s) shall be provided to the Court at the Pre-Trial Conference in hard copy ANDa digital copy shall be sent to the Judicial Assistant at ctjawbl@ocnjcc.org in WORD FORMAT. 11. Discuss and attempt to agree upon any other matters leading to a more orderly and expeditious trial, e.g. copies in lieu of originals, witnesses out of turn, etc. 12. Discuss and exchange all demonstrative aids, including presentations board, models, picture video/computer presentations, reenactments and animations. 8. JOINT PRE-TRIAL STATEMENT. No less than ten (10) days before the Pre-Trial Conference, Plaintiff's attorney (or Defendant’s attorney, if Plaintiff is pro se) shall serve a “Proposed Joint Pre-Trial Statement” reflecting any and all agreements and disputes as to the matters listed below. The Parties shall immediately thereafter attempt to resolve any disputes in the Proposed Joint Pre-Trial Statement. A Joint Pre-Trial Statement addressing the matters described below shall then be prepared, filed and served no less than five (5) days before the Pre-Trial Conference. The original shall be filed with the Clerk and one hard copy shall be delivered to the judge no later than 5 business days prior to the Pre- trial Conference. (a) The Joint Pre-Trial Statement shall contain the following: 1. A statement of the case to be read to the jury at the beginning of voir dire. 2. A statement of admitted facts which may be read at trial as a stipulation of counsel. 3. Issues of fact to be tried. 4. Unresolved issues of law, procedure or evidence. 5. Each party’s witness list. 6. Each party’s schedule of exhibits with objections. 7. Any stipulation on evidentiary matters specifying the applicable matters to which such stipulation applies, ie. authenticity, hearsay exceptions, etc. 8. The number of peremptory challenges. 9. Estimate of the number ofjurors requested for the venire panel. 10. A current estimate of the number of days required for trial. 11. The specific category of damages, including attorneys’ fees, claimed by each party and, when possible, the amount of such damages sought by each party. Page 4 of 8 12. Designation of Lead Trial Counsel. No change of Lead Trial Counsel may be made without leave of the Court, if such change disrupts the trial schedule. 13. A list of all outstanding motions and date/time of any hearing thereon or statement as to whether each motion is/was waived/withdrawn/moot.. 14. Identify with specificity, any matters of which the parties will ask the Court to take Judicial Notice under Fla, Stat. 90.201 and 90.202, and notate any objections or agreement thereto by opposing counsel. (b) If the Parties are unable to agree on the contents of the Joint Pre-Trial Statement, the differing views should be set forth therein. 9. DISCOVERY CUT-OFF DEADLINE. Discovery closes on the day prior to the Pre-Trial Conference unless extended by Court order for good cause shown. All depositions and CME reports must be completed; answers to interrogatories, responses to request to produce and responses to requests for admissions must be served by this date. Joint Stipulations to extend discovery without Court order do not alter the discovery cut-off. 10. MOTIONS CUT-OFF DEADLINE. (a) All motions (including Daubert motions) other than motions in limine, must be FILED AND HEARD at least thirty (30) days prior to the Pre-Trial Conference. Late-filed motions are subject to summary denial. (b) Motions in limine or motions to exclude witnesses or evidence or motions directed to the conduct of the trial must be filed and served prior to the Pre-Trial Conference. Motions in limine may not be scheduled for a hearing unless they contain a certification of a good faith attempt to resolve the matter without Court action. Notice of hearings on motions in limine must specifically identify those issues which remain in controversy after counsel has conferred, in accordance with Division 20’s standing Order on Motions in Limine. 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. (c) No Motions may be scheduled for hearing unless they containa certification of good faith attempt to resolve the matter at issue. 11. TRIAL BRIEFS. Trial briefs are optional but if one is filed, a copy for the Court shall be delivered to Chambers no less than five (5) working days before trial. Highlighted copies of relevant legal authorities must accompany the chambers copy delivered to the Court. 12. NOTIFICATION OF SETTLEMENT. The parties shall immediately notify the judicial assistant of a settlement by email at ctjawbl@ocnjcc.org followed within five (5) business days by a filed Notice of Settlement signed by all parties. Noncompliance with this paragraph will result in the case remaining on the docket as well as the possible imposition of other sanctions. The case will not be removed from the Pre-Trial docket until all documents necessary for closure of the case are filed with the Clerk. 13. MODIFICATION OF ORDER FOR GOOD CAUSE. The provisions of this Order may be modified only by Court order in accordance with applicable law. Page 5 of 8 14. SANCTIONS. Failure to attend the meeting of attorneys required in paragraph 7(c), the Pre-Trial Conference, or trial or to otherwise strictly comply with the requirements of this Order may result in the imposition of appropriate sanctions, including but not limited to, contempt, dismissal, default, striking of pleadings, exclusion of evidence, assessment of fees or costs, and/or other sanctions. 15. AUDIO/VISUAL. Requests for audio and/or visual equipment must be made at least 48 hours in advance of trial. For assistance, see the Court’s web site, www.ninthcircuit.org under Services, then Technology Services, then Audio/Visual. 16. ADDITIONAL NINTH CIRCUIT AND DIVISION SPECIFIC GUIDELINES: Counsel are charged with reading and being familiar with the contents of the following Division documents: (i) Guidelines, Procedures and Expectations of this division; (ii) Guidelines for Counsel Regarding Compulsory Medical Examinations; and (iii) Amended Ninth Judicial Circuit Courtroom Decorum Policy. All of the additional guidelines are available at www.ninthcircuit.org/about/judges/circuit/margaret-h- schreiber. 17. SUMMARY OF DEADLINES. For scheduling purpose only, see Attached Summary of Deadlines. In the event of any conflict between this Uniform Order and the Summary of Deadlines, this Uniform Order shall control. 18. INCONSISTENCY WITH CASE MANAGEMENT ORDERS. If there are any provisions of this Order which are inconsistent with a Case Management Order entered or to be entered in this case, the Case Management Order will govern. at. DONE AND ORDERED in Kissimmee, Florida on this gs, day of | ow, 2022. { oh MARGARET H. SCHREIBER Circuit Judge — Division 20 (Revised May I, 2020) CERTIFICATE OF SERVICE tA I HEREBY CERTIFY that the foregoing was filed with the Clerk ofthe Court this 3 day of an * _ , 2022 by using the Florida Courts E-Filing Portal System. Accordingly, a copy ofthe foregoing is being served on this day to Manuel Stefan, Esquire, mstefan@forthepeople.com, evictor@forthepeople.com, and to Jorge Santiero, Jr., Esquire, jsanteiro@feci-group.com, ssmith3@feci- group.com,legalservice@fc i-group.com. jhe Judicial Assistant’to J udge Schreiber Page 6 of 8 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, Osceola County Courthouse, 2 Courthouse Square, Suite 6300, Kissimmee, Florida, (407) 742-2417, 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 7 of 8 SUMMARY OF DEADLINES (Civil Division 20 — Judge Margaret H. Schreiber) (Revised May I, 2020) Mediation - completed prior to the Pre-Trial Conference ($2) Plaintiff's Expert Witness list with deposition dates - 90 days prior to Pre-Trial Conference (§5a; 5d) Defendant's Expert Witness list with deposition dates - within 15 days of Plaintiff's disclosure ($55; 5d) Exchange of Witness Lists and Exhibit Schedules — 60 days before Pre-Trial Conference ($6) Deposition Designations - no later than 30 days prior to the Pre-Trial Conference. Counter Designations ~ no later than 20 days prior to the Pre-Trial Conference ($7a) Meeting of Attorneys - 15 days prior to Pre-Trial Conference ($7c) All Motions (including Daubert motions) other than motions in limine - filed and heard at least 30 days prior to Pre-Trial Conference ($/0a) Motions in Limine - filed prior to Pre-Trial Conference and heard no later than one week prior to first day of trial period ($705) Jury Instructions/Verdict forms - exchanged no later than 30 working days prior to the Pre-Trial Conference (§7) and presented to the Judge at the Pre-Trial Conference ($7(c)10(iv.)) Joint Pre-Trial Statement signed by attorneys/pro se parties - no less than 5 days before Pre-Trial Conference ($8) Discovery Cut-Off - 1 day prior to Pre-Trial Conference ($9) Trial briefs (optional) - 5 working days prior to Trial ($/ 1) NOTE: In the event of any conflict between this Summary of Deadlines and the Uniform Order, the Uniform Order shall control. , , Page 8 of 8