Complex Business Litigation Case Management Order (Sample And Form)

IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA CBLD PLAINTIFF, Plaintiff, vs. CBLD DEFENDANT, Defendant. ________________________________/ CASE NO.: 00-CA-0000 DIVISION "L" CASE MANAGEMENT ORDER THIS CAUSE came before the Court on the ___ day of _______ 2007, for a Case Management Conference pursuant to the Court's notice and order. This case has been assigned to the Complex Business Litigation Division L, pursuant to Administrative Order No.: 2007-04 for the Thirteenth Judicial Circuit, Hillsborough County, Florida. After reviewing the Joint Case Management Report, with the stipulation of the Parties to the trial date set forth below and being otherwise fully informed in the matter, it is ADJUDGED that unless later modified by Order of this Court, the following schedule of events shall control the management and proceedings in this case. COMMUNICATION WITH COURT AND COUNSEL 1. LEAD TRIAL COUNSEL. The parties are represented by the following persons who shall be designated "Lead Trial Counsel": a. b. A. B. C., Esquire for Plaintiff; D. E. F., Esquire for Defendant. American LegalNet, Inc. www.FormsWorkflow.com 2. COURT COPIES. Courtesy copies of all motions and memoranda related thereto shall be delivered to the Court immediately upon being filed with the Clerk of the Court. All communications with the Court must be delivered to the following address: The Honorable Richard A. Nielsen 800 E. Twiggs St., Room 524 Tampa, FL 33602 Telephone: 813-272-5330 Facsimile: 813-301-3818 E-Mail: DivisionL@fljud13.org PRELIMINARY FINDINGS AND DEADLINES #. AMENDMENTS & ADDING PARTIES. Any motions for leave to amend the pleadings to add additional parties or otherwise, shall be filed no later than ______. #. PROCEDURES. The parties are directed to comply in all respects with the Complex Business Litigation Division Procedures ("CBP") located on the court's website at www.fljud13.org. MOTIONS, DISCOVERY, ALTERNATIVE DISPUTE RESOLUTION AND TRIAL #. MOTIONS. a. The parties intend to file the following motions to dismiss or other preliminary or pre-discovery motions, and have designated the following time periods in which such motions shall be filed, briefed, and argued: (1) (2) b. Any motions to dismiss or other preliminary or pre-discovery motions shall be filed and briefed on or before _______. American LegalNet, Inc. www.FormsWorkflow.com c. It is further ordered that the setting of the deadline for completion of discovery shall not limit any party from filing summary judgment motions as to merits issues during such period, but any such motions should be very narrowly drawn so as to address only issues on which fact discovery has been completed. If there are still motions pending after the discovery period, the Court will set a briefing schedule at that time. d. For the purposes of the length limitations on briefs under CBP Section 5, the following parties shall be required to file joint briefs: ________________________. #. DISCOVERY. a. Discovery Deadlines. (1) The parties shall have until _______to conduct and conclude discovery of fact witnesses. (2) The parties shall have until _______to conduct and conclude discovery of expert witnesses. (3) It is further ordered that the setting of the discovery deadline will not limit any party from filing summary judgment motions during the period, but any such motions should be narrowly drawn to address only issues on which discovery has been completed. b. Discovery Guidelines. The following further limitations and guidelines are hereby placed on discovery: (1) Depositions shall be conducted in accordance with the following guidelines: American LegalNet, Inc. www.FormsWorkflow.com (a) All parties or employees will be made available for deposition on ten days' notice to counsel. (b) Counsel shall not direct or request that a witness not answer a question, unless counsel has objected to the question on the ground that the answer is protected by privilege or a limitation on evidence directed by the Court. (c) Counsel shall not make objections or statements which might suggest an answer to a witness. Counsel's statements when making objections should be succinct, stating the basis of the objection and nothing more. (d) Counsel and their witness clients shall not engage in private, off-therecord conferences while the deposition is proceeding in session, except for the purpose of deciding whether to assert a privilege. (e) Deposing counsel shall provide to the witness's counsel a copy of all documents shown to the witness during the deposition. The copies shall be provided either before the deposition begins or contemporaneously with the showing of each document to the witness. The witness and the witness's counsel do not have the right to discuss documents privately before the witness answers questions about them. (2) The parties may conduct only that discovery described in CBP Section 7 or as specifically provided for in this Order (this Order controlling over the Procedures). c. No extensions of time shall be granted without written consent of the opposing party or by Order of the Court. American LegalNet, Inc. www.FormsWorkflow.com #. EXPERT WITNESSES. The Parties anticipate having expert witnesses testify at trial. The party bearing the burden of proof on any issue requiring expert testimony shall designate the experts expected to be called at trial and provide all information specified in CBP Section 7.5 by _______, 2007. The parties responding shall then designate its experts and provide all information specified in CBP Section 7.5 by _______, 2007. #. DISPOSITIVE MOTIONS. Dispositive motions shall be filed and heard (if oral argument is requested) by _______. #. #. MOTIONS IN LIMINE. Motions in limine shall be filed by _______. ALTERNATIVE DISPUTE RESOLUTION. a. The Court encourages all efforts by the parties to resolve the issues pending in this case. While this action is proceeding the parties may select and implement any one or more alternative dispute resolution methods recognized in the Florida Rules of Civil Procedure or in the Florida Statutes. b. Mediation. This action must go to mediation before proceeding to trial. The Parties are ordered to conduct mediation on or before _______. c. Mediation Outcome. Plaintiff's counsel is ordered to advise the Court, in writing, of the outcome of the mediation no later than five (5) days following the conclusion of the mediation conference. #. PRE-TRIA