On July 08, 132 a
Stipulation,Agreement
was filed
involving a dispute between
Shelatz, Alyn,
Shelatz, Daniel,
and
Port Charlotte Hma Llc,
for Premises Liability - Commercial
in the District Court of Charlotte County.
Preview
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY, FLORIDA 3
CIVIL DIVISION =
S
DANIEL SHELATZ and ALLYN SHELATZ, 8
ny
Plaintiffs,
2
vs. Case No. 18-000223-CA o
PUNTA GORDA HMA, LLC, X
Defendant. /
AGREED CASE MANAGEMENT PLAN AND ORDER
The parties hereby submit to the following Agreed Case Management Plan to the Court for approval:
Case Track Assignment! (check one — must be completed for cases filed 1/1/10 or thereafter):
Expedited Track (Case resolved within 12 months):
(It is recommended that discovery and an alternative dispute resolution be completed
within 270 days after the complaint is filed and a final disposition entered within 365
days after the complaint is filed.)
Xx Standard Track (Case resolved within 18 months):
(It is recommended that discovery and an alternative dispute resolution be completed
within 450 days after the complaint is filed and a final disposition entered within 540
days after the complaint is filed.)
Complex Track (Case resolved within 2 years):
(Case will likely be declared complex per Florida Rule of Civil Procedure 1.201)
Case Deadlines and Events
DEADLINE OR EVENT AGREED
Statement of Facts and/or Counterclaim(s)
Plaintiff(s):] At time of Pretrial
Defendant(s):} Conference
Identification of facts the parties believe to be disputed
Plaintifi(s):| At time of Pretrial
Defendant(s):| Conference
Identification of the issues of law to be decided by the Court At time of Pretrial
Conference
Motions to Add Parties or to Amend Pleadings 30 days prior to
Pretrial Conference
* Case disposition times for all Case Tracks have been established in accordance with Florida Rule of Judicial
Administration 2.250(a)(1)(B). Although Standard and Complex Track cases may or may not be resolved with a jury
trial, it is expected that Expedited Track cases will be resolved without a jury trial.
iis
wd aDisclosure of Fact Witnesses
Plaintiffs) 12/07/18
Defendant(s):) 01/07/19
Disclosure of Expert Witnesses
Plaintiff(s):] 02/04/19
Defendant(s):| 02/18/19
Filing of Exhibit List
Plaintiff(s)} 05/01/19
Defendant(s):} 05/15/19
Discovery Deadline for Fact Witnesses
(All discovery must be commenced in time to be completed before this date)
Plaintiff(s)} 04/30/19
Defendant(s):| 04/30/19
Expert Opinion Available to Opposing Party
(It is recommended that the last exchange occur 4 months before trial and
1 -2 months before discovery deadline to allow time for expert depositions. This
does not require a written report unless otherwise required by the rule.)
Plaintiff(s):) 02/04/19
Defendant(s):] 02/18/19
Discovery Deadline for Expert Witnesses
Plaintiff(s):| 05/17/19
Defendant(s): 05/17/19
Completion of Alternative Dispute Resolution (ADR)
(Mediation is mandatory within 12 months of trial date, unless the parties stipulate
to non-binding arbitration.)
Deadline: | 04/30/19
Type of ADR: Private mediation
Deadline for Hearing Dispositive Motions
{All dispositive motions must be heard by the Court at least 10 days prior to the
pretrial conference unless otherwise ordered by the Court.)
10 days prior to
Pretrial Conference
Pretrial Management Conference Date
(Unless early ADR is selected, a pretrial conference date will be scheduled within
45 days of the date of ADR not resulting in settlement or disposition of this entire
action.)
An Order will be
issued by the Court
scheduling the
Pretrial
Conference.
Other Deadlines or Events —
Motions in Limine shall be filed at least 15 days prior to trial.
Page |2 of 4Trial Information
Estimated Date the Case Will Be Prepared To Go To Trial
(If counsel and unrepresented parties do not agree on the estimated date June 4, 2019
on which the case will be prepared to go to trial, or fail to file a Notice
for Trial by the dated indicated, the Court may on its own motion set the
case for trial, or other status hearing. The filing of this plan does NOT
supplant the requirement of filing a Notice for Trial.)
Estimated Length of Trial (specify the number of trial days): 4 days
Identification of Jury or Non-Jury Trial Jury
The above-referenced schedule of deadlines will be strictly adhered to by the parties unless a
change is otherwise agreed to by the parties and approved by the Court. The Court will consider a
request to approve changes to these deadlines upon a showing of good cause by either party based
on matters arising from an emergency nature or unavailability. However, once the Agreed Case
Management Plan has been approved by the Court. procrastination in completing discovery or the
unavailability of counsel will not constitute good, cause for a change to these deadlines. The
failure to abide by these deadlines may result in sanctions by the Court, including the award of
attorney's fees. the striking of pleadings. and/or a dismissal of the action.
Date: July 20, 2018
July 20, 201o
Signature, address, and telephone. number of ALL parties.
Attorneys must include Florida Bar Number:
s/ Christopher D. Gray
Christopher D. Gray, Esq. (FBN: 902004)
Wolfgang M. Florin, Esq. (FBN: 907804)
Florin Gray Bouzas Owens, LLC
16524 Pointe Village Drive, Suite 100
Lutz, FL 33558
Phone : 727.254.5255
Fax: 727.483.7942
debbie @fgbolaw.com
Counsel for Plaintiff
3/ A. Kevin Houston
A. Kevin Houston, Esq. (FBN: 0610321)
Louis J. La Cava (FBN: 0507880)
La Cava & Jacobson, P.A.
2590 Northbrooke Plaza Drive, Suite 307
Naples, FL 34119
Phone: 239/300-9679 | Fax: 239/734-3546
khouston@lacavajacobson.com
Hacava@lacavajacobson.com
kkeyte@lacavajacobson.com
leddings@lacavajacobson.com
Counsel for Port Charlotte HMA
Page |3 of 4ORDER APPROVING AGREED CASE MANAGEMENT PLAN
THE COURT having reviewed the preceding Agreed Case Management Plan and finding it to
be satisfactory, it is
ORDERED AND ADJUDGED that the Agreed Case Management Plan is hereby APPROVED
AND ALL PARTIES SHALL ABIDE BY THE TERMS HEREIN.
DONE AND ORDERED in Punta Gorda, Charlotte County, Floridaon y Ly 208 :
HON. LISA S. PORTER, CIRCUIT JUDGE
Conformed Copies to the Civil Case Manager and to all parties (attach certificate of service).
Wr
Deborah Hamsharie
Judicial Assistant
JUL 2B p33
Page |40f 4
Document Filed Date
July 26, 2018
Case Filing Date
July 08, 132
Category
Premises Liability - Commercial
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA 3 CIVIL DIVISION = S DANIEL SHELATZ and ALLYN SHELATZ, 8 ny Plaintiffs, 2 vs. Case No. 18-000223-CA o PUNTA GORDA HMA, LLC, X Defendant. / AGREED CASE MANAGEMENT PLAN AND ORDER The parties hereby submit to the following Agreed Case Management Plan to the Court for approval: Case Track Assignment! (check one — must be completed for cases filed 1/1/10 or thereafter): Expedited Track (Case resolved within 12 months): (It is recommended that discovery and an alternative dispute resolution be completed within 270 days after the complaint is filed and a final disposition entered within 365 days after the complaint is filed.) Xx Standard Track (Case resolved within 18 months): (It is recommended that discovery and an alternative dispute resolution be completed within 450 days after the complaint is filed and a final disposition entered within 540 days after the complaint is filed.) Complex Track (Case resolved within 2 years): (Case will likely be declared complex per Florida Rule of Civil Procedure 1.201) Case Deadlines and Events DEADLINE OR EVENT AGREED Statement of Facts and/or Counterclaim(s) Plaintiff(s):] At time of Pretrial Defendant(s):} Conference Identification of facts the parties believe to be disputed Plaintifi(s):| At time of Pretrial Defendant(s):| Conference Identification of the issues of law to be decided by the Court At time of Pretrial Conference Motions to Add Parties or to Amend Pleadings 30 days prior to Pretrial Conference * Case disposition times for all Case Tracks have been established in accordance with Florida Rule of Judicial Administration 2.250(a)(1)(B). Although Standard and Complex Track cases may or may not be resolved with a jury trial, it is expected that Expedited Track cases will be resolved without a jury trial. iis wd aDisclosure of Fact Witnesses Plaintiffs) 12/07/18 Defendant(s):) 01/07/19 Disclosure of Expert Witnesses Plaintiff(s):] 02/04/19 Defendant(s):| 02/18/19 Filing of Exhibit List Plaintiff(s)} 05/01/19 Defendant(s):} 05/15/19 Discovery Deadline for Fact Witnesses (All discovery must be commenced in time to be completed before this date) Plaintiff(s)} 04/30/19 Defendant(s):| 04/30/19 Expert Opinion Available to Opposing Party (It is recommended that the last exchange occur 4 months before trial and 1 -2 months before discovery deadline to allow time for expert depositions. This does not require a written report unless otherwise required by the rule.) Plaintiff(s):) 02/04/19 Defendant(s):] 02/18/19 Discovery Deadline for Expert Witnesses Plaintiff(s):| 05/17/19 Defendant(s): 05/17/19 Completion of Alternative Dispute Resolution (ADR) (Mediation is mandatory within 12 months of trial date, unless the parties stipulate to non-binding arbitration.) Deadline: | 04/30/19 Type of ADR: Private mediation Deadline for Hearing Dispositive Motions {All dispositive motions must be heard by the Court at least 10 days prior to the pretrial conference unless otherwise ordered by the Court.) 10 days prior to Pretrial Conference Pretrial Management Conference Date (Unless early ADR is selected, a pretrial conference date will be scheduled within 45 days of the date of ADR not resulting in settlement or disposition of this entire action.) An Order will be issued by the Court scheduling the Pretrial Conference. Other Deadlines or Events — Motions in Limine shall be filed at least 15 days prior to trial. Page |2 of 4Trial Information Estimated Date the Case Will Be Prepared To Go To Trial (If counsel and unrepresented parties do not agree on the estimated date June 4, 2019 on which the case will be prepared to go to trial, or fail to file a Notice for Trial by the dated indicated, the Court may on its own motion set the case for trial, or other status hearing. The filing of this plan does NOT supplant the requirement of filing a Notice for Trial.) Estimated Length of Trial (specify the number of trial days): 4 days Identification of Jury or Non-Jury Trial Jury The above-referenced schedule of deadlines will be strictly adhered to by the parties unless a change is otherwise agreed to by the parties and approved by the Court. The Court will consider a request to approve changes to these deadlines upon a showing of good cause by either party based on matters arising from an emergency nature or unavailability. However, once the Agreed Case Management Plan has been approved by the Court. procrastination in completing discovery or the unavailability of counsel will not constitute good, cause for a change to these deadlines. The failure to abide by these deadlines may result in sanctions by the Court, including the award of attorney's fees. the striking of pleadings. and/or a dismissal of the action. Date: July 20, 2018 July 20, 201o Signature, address, and telephone. number of ALL parties. Attorneys must include Florida Bar Number: s/ Christopher D. Gray Christopher D. Gray, Esq. (FBN: 902004) Wolfgang M. Florin, Esq. (FBN: 907804) Florin Gray Bouzas Owens, LLC 16524 Pointe Village Drive, Suite 100 Lutz, FL 33558 Phone : 727.254.5255 Fax: 727.483.7942 debbie @fgbolaw.com Counsel for Plaintiff 3/ A. Kevin Houston A. Kevin Houston, Esq. (FBN: 0610321) Louis J. La Cava (FBN: 0507880) La Cava & Jacobson, P.A. 2590 Northbrooke Plaza Drive, Suite 307 Naples, FL 34119 Phone: 239/300-9679 | Fax: 239/734-3546 khouston@lacavajacobson.com Hacava@lacavajacobson.com kkeyte@lacavajacobson.com leddings@lacavajacobson.com Counsel for Port Charlotte HMA Page |3 of 4ORDER APPROVING AGREED CASE MANAGEMENT PLAN THE COURT having reviewed the preceding Agreed Case Management Plan and finding it to be satisfactory, it is ORDERED AND ADJUDGED that the Agreed Case Management Plan is hereby APPROVED AND ALL PARTIES SHALL ABIDE BY THE TERMS HEREIN. DONE AND ORDERED in Punta Gorda, Charlotte County, Floridaon y Ly 208 : HON. LISA S. PORTER, CIRCUIT JUDGE Conformed Copies to the Civil Case Manager and to all parties (attach certificate of service). Wr Deborah Hamsharie Judicial Assistant JUL 2B p33 Page |40f 4