Preview
Filing # 194493840 E-Filed 03/21/2024 08:15:31 AM
IN THE CIRCUIT COURT
OF THE FOURTH JUDICIAL CIRCUIT
IN AND FOR DUVAL COUNTY, FLORIDA
CASE NUMBER: 16-2022-CA-006811-XXXX-MA
DIVISION: CV-G
HERSHELL JAMES HICKSON,
Plaintiff,
-vs-
ROBLEY FRANKLIN WATERS
THE TITAN ELECTRIC GROUP INC,
Defendant.
ORDER SETTING CASE FOR JURY TRIAL AND FOR PRE-TRIAL CONFERENCE AND
REQUIRING MATTERS TO BE COMPLETED PRIOR TO PRE-TRIAL CONFERENCE
It appearing that this cause is at issue and ready for trial, it is, therefore,
ORDERED as follows:
1. TRIAL DATE.
This cause is hereby set for jury trial on March 10, 2025. Time allocated for trial is 5 DAYS.
Counsel shall appear in Chambers at 9:00 a.m.
2. PRE-TRIAL CONFERENCE.
Pretrial Conference will be held in Chambers, Room 705, Duval County Courthouse,
Jacksonville, Florida on February 25, 2025, at 2:30 pm in accordance with the provisions of Rule
1.200, Florida Rules of Civil Procedure. Time allocated for conference is fifteen (15) minutes. All
admission and disclosures of fact shall be binding on the client.
3. REQUIREMENTS PRIOR TO PRE-TRIAL CONFERENCE.
No later than 7 DAYS prior to the Pre-Trial Conference, attorneys for each party shall meet
together by agreement instigated by counsel for the Plaintiff, to discuss the possibility of settlement;
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ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 03/22/2024 09:04:52 AM
stipulate to as many facts and issues as possible; examine all exhibits and documents which may be
used at trial; furnish opposing counsel the names and addresses of all witnesses who may testify at
trial; review all video depositions or exhibits to be used at trial; and complete all other matters
which may expedite both the Pre-Trial Conference and the Trial of this case.
4. REQUIREMENTS OF PRE-TRIAL STIPULATION.
Counsel shall prepare a Pre-Trial Stipulation which shall be filed with the Court at the Pre-
Trial Conference and shall contain the following: (a) a concise factual statement of the nature of the
action, which shall include the date and place of accrual, identity of the parties as they relate to the
action, and a brief general statement of each party's case or contention. The statement shall be in
such form and contain such necessary information for the Court to read to and apprise the jury of
the claims to be tried, including any Counter-Claims, Cross-Claims, or Third-Party Claims; (b) a
concise statement of those facts which are admitted and will require no proof at trial; (c) a concise
statement of those issues of fact which remain to be litigated; (d) any proposed amendments to the
pleadings; (e) a complete list of witnesses, including anticipated impeachment witnesses, specifying
the name and address of each from whom testimony may be presented at trial; (f) a statement
reflecting objections to specific portions of video depositions, testimony, or video exhibits which
may be offered in evidence at trial; and (g) a list of any undisposed matters to be heard at the Pre-
Trial Conference.
5. TRIAL EXHIBITS.
All exhibits intended to be offered at trial shall be exhibited to all opposing counsel prior to the
Pre-Trial Conference. The Pre-Trial Stipulation shall contain a list of all exhibits which may be
offered in evidence at trial, together with a statement of objections, if any, to exhibits offered by the
opposing party. With respect to each item, the Pre-Trial Stipulation shall reflect whether or not the
evidence will be stipulated into evidence, stipulated as to authenticity, with objection reserved for
relevancy and materiality, or objected to in its entirety and the ground therefor. All exhibits which
are the subject of any objection raised in the Pre-Trial Stipulation shall be brought to the Pre-Trial
Conference.
6. RETAINED EXPERT WITNESSES.
No later than 120 DAYS prior to the Pre-Trial Conference, Plaintiff(s) shall serve on all
opposing counsel and file with the Court a Notice containing the following information regarding
each retained expert witness who will testify at trial on behalf of Plaintiff(s): (a) the name and
address of the witness; (b) the area(s) of expertise of the witness; (c) the subject matter of the
expected testimony of the witness; (d) the substance of the facts and opinions about which the
witness is expected to testify; and (e) a summary of the grounds on which each of the opinions of
the witnesses will be based. Plaintiff(s) shall furnish opposing counsel with two (2) alternative
dates of availability of all retained expert witnesses for the purpose of taking their deposition within
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one day after disclosure of such witnesses. No later than 90 DAYS prior to the Pre-Trial
Conference, each Defendant shall serve on all other counsel and file with the Court a Notice
containing the same information regarding each expert witness who will testify at trial on behalf of
that defendant. Each Defendant shall furnish opposing counsel with two (2) alternative dates of
availability of all retained expert witnesses for the purpose of taking their deposition within one (1)
day after disclosure of such witnesses. No later than thirty (30) days after the plaintiff(s) is served
with the defendant’s expert witness disclosure, the plaintiff(s) may serve on all other counsel and
file with the Court a notice containing the same information regarding retained rebuttal expert
witnesses, if any, who will testify at trial on behalf of the plaintiff(s). At the time of disclosure of
each such rebuttal witness, plaintiff(s) shall furnish opposing counsel with two (2) alternative dates
of availability for the purpose of taking the witness’ deposition. Any expert witness not included
on the Notice as provided herein will not be allowed to testify without an order of the Court. All
parties shall cooperate in the scheduling of expert depositions. Notwithstanding the foregoing, the
Court expects the parties to truthfully and thoroughly answer interrogatories and other discovery. If
interrogatories seeking information regarding expert witnesses have been served, the party
answering such discovery shall do so in good faith and shall not delay furnishing the information
regarding expert witnesses until the time such disclosure is required by this order.
The court expects the parties to conduct discovery in good faith. Nothing in the foregoing
should be interpreted to cause discovery regarding experts to commence on the deadlines referenced
above. Should it be determined that a party failed to conduct discovery in good faith by refusing to
identify expert witnesses or their opinions in a timely manner pursuant to interrogatories or other
discovery, the court may strike such experts' testimony. If the defendant(s) has not served
interrogatories upon the plaintiff(s) requesting discovery of those things outlined in subparagraphs
(a) - (e) above, then, and in that event, the plaintiff is not required to provide the information
regarding experts described above. If the plaintiff(s) has not served interrogatories upon the
defendant requesting discovery of those things outlined in subparagraphs (a) - (e) above then, and in
that event, the defendant is not required to provide the information regarding experts described
above. The deadlines above shall be met by the parties who/which have conducted discovery in
good faith and through interrogatories seeking the information described in the subparagraphs
above.
6a. TREATING DOCTORS AND NON-RETAINED EXPERT WITNESSES.
No later than 60 DAYS prior to the pre-trial conference, all parties shall serve on all opposing
counsel and file with the Court a notice containing the following information regarding each
treating physician and non-retained expert witness who will testify at trial as an expert witness on
behalf of a party: (a) the name and address of the witness; (b) the area(s) of expertise of the
witness; (c) the subject matter of the expected testimony of the witness; (d) the substance of the
facts and opinions about which the witness is expected to testify; and (e) a summary of the grounds
on which each of the opinions of the witnesses will be based.
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The court expects the parties to conduct discovery in good faith. Nothing in the foregoing
should be interpreted to cause discovery regarding experts to commence on the deadlines referenced
above. Should it be determined that a party failed to conduct discovery in good faith by refusing to
identify expert witnesses or their opinions in a timely manner pursuant to interrogatories or other
discovery, the court may strike such experts' testimony. If the defendant(s) has not served
interrogatories upon the plaintiff(s) requesting discovery of those things outlined in subparagraphs
(a) - (e) above, then, and in that event, the plaintiff is not required to provide the information
regarding experts described above. If the plaintiff(s) has not served interrogatories upon the
defendant requesting discovery of those things outlined in subparagraphs (a) - (e) above then, and in
that event, the defendant is not required to provide the information regarding experts described
above. The deadlines above shall be met by the parties who/which have conducted discovery in
good faith and through interrogatories seeking the information described in the subparagraphs
above.
7. DISCOVERY.
All discovery shall be completed prior to the Pre-Trial Conference unless otherwise extended
by written agreement of counsel or by Order of the Court.
8. EXPERT ISSUES. All expert related motions or objections shall be filed and served at
least sixty (60) days prior to the first day the case is set for trial. A copy of all such motions shall
be delivered to the Court at the same time they are filed and served. The party filing expert related
motions or objections shall be responsible to do that which is necessary so that hearings regarding
expert related evidence shall be noticed and heard or agreed to by the parties no later than thirty
(30) days prior to the first day of the date the case is set for trial. Any expert related motions or
objections shall state with particularity the grounds upon which they are based and the substantial
matters of law to be argued and shall identify any evidence or supporting material on which the
movant relies. Any expert related motions or objections not filed or noticed for hearing within the
time referenced in this paragraph are denied and such objections are overruled. The Court may
summarily rule on any expert related motion not written with particularity as described above.
9. MOTIONS IN LIMINE.
All case specific Motions in Limine shall be filed, served, noticed and heard or agreed to by the
parties no later than thirty (30) days prior to the first day the case is set for trial. A copy of all such
motions shall be delivered to the Court at the same time they are filed and served. The Motion shall
state with particularity the grounds upon which it is based and the substantial matters of law to be
argued and shall identify any evidence or supporting material on which the movant relies. The
Court may summarily rule on any Motions in Limine not written with particularity as described
above.
10. RULE 1.360 EXAMINATIONS.
16-2022-CA-006811-XXXX-MA Page 4 of 8
No later than 60 DAYS prior to trial, all medical evaluations and other examinations pursuant
to Fla. R. Civ. P. 1.360 shall have been completed. The examination is not a deposition so the
examiner shall be limited to that information reasonably necessary to conduct the specialty-
appropriate examination, including a brief medical history as well as present complaints. No
invasive testing shall be performed without consent or court order. The examinee will not be
required to complete any lengthy information forms but may furnish the doctor with name, address
and date of birth. Questions are permitted regarding the cause of the injury (e.g., car wreck, slip and
fall, etc.) and the location on plaintiff’s body where the plaintiff claims injury. Questions pertaining
to fault, plaintiff’s attorney, referrals to plaintiff’s doctor and what plaintiff told others are NOT
permitted. Also, the report of the examiner shall be provided to plaintiff’s counsel no later than
thirty (30) days after the examination. In the event the defendant intends to call the medical or
mental evaluator as an expert witness at trial, then and in that event, the defendant shall furnish
opposing counsel with two (2) alternative dates of witness availability for purpose of taking his/her
deposition. The witness shall be available to be deposed within ten (10) days of rendering the
report.
11. JURY INSTRUCTIONS AND VERDICT FORMS.
Plaintiff shall provide a complete set of proposed jury instructions. Defendant shall provide
only special instructions not included in Plaintiff’s submission. The parties shall seek to agree on a
verdict form and submit one agreed form. If the parties cannot agree, each party shall submit its
own proposed form. The proposed instructions and verdict forms will be submitted to the
Court at the Pretrial Conference. All instructions will be in a form suitable for submission to the
jury. (The face sheet is to identify the proposing party and contain a numbered list of the proposed
instructions. The instructions may be correspondingly numbered. A party may attach citations of
authority to individual instructions. No such information shall be contained on the face of the
instructions.)
12. ATTORNEY REPRESENTATION.
The Pre-Trial meeting and the Pre-Trial Conference shall be attended by an attorney who will
participate in the trial of the case, and all admissions and disclosures of fact made at those times
shall be binding on the client.
13. MEDIATION.
This matter is hereby referred to a Mediator. The Mediator shall be Blane McCarthy, Esq.
MEDIATION SHALL BE COMPLETED PRIOR TO THE PRE-TRIAL CONFERENCE
AND MAY BE CANCELED ONLY BY LEAVE OF THE COURT FOR GOOD CAUSE
SHOWN.
If the case should settle, the mediator and all counsel for the Plaintiff(s) and Defendant(s) shall
16-2022-CA-006811-XXXX-MA Page 5 of 8
immediately contact the Judge's office and remove the trial and pretrial conference from the Judge's
calendar. Copy of mediation report is not sufficient to remove the case from the docket.
14. ADMONITIONS.
Failure to comply with the requirement of this Order will subject the party or attorney to
appropriate sanctions.
15. SETTLEMENT.
All counsel shall immediately notify this Court in the event of settlement or dismissal.
Additionally, the parties shall submit a stipulation for an order of dismissal or shall file a dismissal
with prejudice of the case. Counsel shall also notify the Court of any pending hearings that will be
canceled as a result of the settlement.
DONE AND ORDERED in Chambers at Jacksonville, Duval County, Florida,
this Thursday, March 21, 2024.
MICHAEL SHARRIT
CIRCUIT COURT JUDGE
Copies to:
Glen Barry Levine
pleadings@anl-law.com
glevine@anl-law.com
John N Kessenich
William J McAfee
bigpleadings@taylordaylaw.com
pleadings@anl-law.com
jnk@taylordaylaw.com
hburns@taylordaylaw.com
Blane McCarthy
bmccarthey@milesmediation.com
16-2022-CA-006811-XXXX-MA Page 6 of 8
16-2022-CA-006811-XXXX-MA Page 7 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 at (904) 255-1695 or crtintrp@coj.net, 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.”
16-2022-CA-006811-XXXX-MA Page 8 of 8
Preview
Filing # 194493840 E-Filed 03/21/2024 08:15:31 AM IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT IN AND FOR DUVAL COUNTY, FLORIDA CASE NUMBER: 16-2022-CA-006811-XXXX-MA DIVISION: CV-G HERSHELL JAMES HICKSON, Plaintiff, -vs- ROBLEY FRANKLIN WATERS THE TITAN ELECTRIC GROUP INC, Defendant. ORDER SETTING CASE FOR JURY TRIAL AND FOR PRE-TRIAL CONFERENCE AND REQUIRING MATTERS TO BE COMPLETED PRIOR TO PRE-TRIAL CONFERENCE It appearing that this cause is at issue and ready for trial, it is, therefore, ORDERED as follows: 1. TRIAL DATE. This cause is hereby set for jury trial on March 10, 2025. Time allocated for trial is 5 DAYS. Counsel shall appear in Chambers at 9:00 a.m. 2. PRE-TRIAL CONFERENCE. Pretrial Conference will be held in Chambers, Room 705, Duval County Courthouse, Jacksonville, Florida on February 25, 2025, at 2:30 pm in accordance with the provisions of Rule 1.200, Florida Rules of Civil Procedure. Time allocated for conference is fifteen (15) minutes. All admission and disclosures of fact shall be binding on the client. 3. REQUIREMENTS PRIOR TO PRE-TRIAL CONFERENCE. No later than 7 DAYS prior to the Pre-Trial Conference, attorneys for each party shall meet together by agreement instigated by counsel for the Plaintiff, to discuss the possibility of settlement; 16-2022-CA-006811-XXXX-MA Page 1 of 8 ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 03/22/2024 09:04:52 AM stipulate to as many facts and issues as possible; examine all exhibits and documents which may be used at trial; furnish opposing counsel the names and addresses of all witnesses who may testify at trial; review all video depositions or exhibits to be used at trial; and complete all other matters which may expedite both the Pre-Trial Conference and the Trial of this case. 4. REQUIREMENTS OF PRE-TRIAL STIPULATION. Counsel shall prepare a Pre-Trial Stipulation which shall be filed with the Court at the Pre- Trial Conference and shall contain the following: (a) a concise factual statement of the nature of the action, which shall include the date and place of accrual, identity of the parties as they relate to the action, and a brief general statement of each party's case or contention. The statement shall be in such form and contain such necessary information for the Court to read to and apprise the jury of the claims to be tried, including any Counter-Claims, Cross-Claims, or Third-Party Claims; (b) a concise statement of those facts which are admitted and will require no proof at trial; (c) a concise statement of those issues of fact which remain to be litigated; (d) any proposed amendments to the pleadings; (e) a complete list of witnesses, including anticipated impeachment witnesses, specifying the name and address of each from whom testimony may be presented at trial; (f) a statement reflecting objections to specific portions of video depositions, testimony, or video exhibits which may be offered in evidence at trial; and (g) a list of any undisposed matters to be heard at the Pre- Trial Conference. 5. TRIAL EXHIBITS. All exhibits intended to be offered at trial shall be exhibited to all opposing counsel prior to the Pre-Trial Conference. The Pre-Trial Stipulation shall contain a list of all exhibits which may be offered in evidence at trial, together with a statement of objections, if any, to exhibits offered by the opposing party. With respect to each item, the Pre-Trial Stipulation shall reflect whether or not the evidence will be stipulated into evidence, stipulated as to authenticity, with objection reserved for relevancy and materiality, or objected to in its entirety and the ground therefor. All exhibits which are the subject of any objection raised in the Pre-Trial Stipulation shall be brought to the Pre-Trial Conference. 6. RETAINED EXPERT WITNESSES. No later than 120 DAYS prior to the Pre-Trial Conference, Plaintiff(s) shall serve on all opposing counsel and file with the Court a Notice containing the following information regarding each retained expert witness who will testify at trial on behalf of Plaintiff(s): (a) the name and address of the witness; (b) the area(s) of expertise of the witness; (c) the subject matter of the expected testimony of the witness; (d) the substance of the facts and opinions about which the witness is expected to testify; and (e) a summary of the grounds on which each of the opinions of the witnesses will be based. Plaintiff(s) shall furnish opposing counsel with two (2) alternative dates of availability of all retained expert witnesses for the purpose of taking their deposition within 16-2022-CA-006811-XXXX-MA Page 2 of 8 one day after disclosure of such witnesses. No later than 90 DAYS prior to the Pre-Trial Conference, each Defendant shall serve on all other counsel and file with the Court a Notice containing the same information regarding each expert witness who will testify at trial on behalf of that defendant. Each Defendant shall furnish opposing counsel with two (2) alternative dates of availability of all retained expert witnesses for the purpose of taking their deposition within one (1) day after disclosure of such witnesses. No later than thirty (30) days after the plaintiff(s) is served with the defendant’s expert witness disclosure, the plaintiff(s) may serve on all other counsel and file with the Court a notice containing the same information regarding retained rebuttal expert witnesses, if any, who will testify at trial on behalf of the plaintiff(s). At the time of disclosure of each such rebuttal witness, plaintiff(s) shall furnish opposing counsel with two (2) alternative dates of availability for the purpose of taking the witness’ deposition. Any expert witness not included on the Notice as provided herein will not be allowed to testify without an order of the Court. All parties shall cooperate in the scheduling of expert depositions. Notwithstanding the foregoing, the Court expects the parties to truthfully and thoroughly answer interrogatories and other discovery. If interrogatories seeking information regarding expert witnesses have been served, the party answering such discovery shall do so in good faith and shall not delay furnishing the information regarding expert witnesses until the time such disclosure is required by this order. The court expects the parties to conduct discovery in good faith. Nothing in the foregoing should be interpreted to cause discovery regarding experts to commence on the deadlines referenced above. Should it be determined that a party failed to conduct discovery in good faith by refusing to identify expert witnesses or their opinions in a timely manner pursuant to interrogatories or other discovery, the court may strike such experts' testimony. If the defendant(s) has not served interrogatories upon the plaintiff(s) requesting discovery of those things outlined in subparagraphs (a) - (e) above, then, and in that event, the plaintiff is not required to provide the information regarding experts described above. If the plaintiff(s) has not served interrogatories upon the defendant requesting discovery of those things outlined in subparagraphs (a) - (e) above then, and in that event, the defendant is not required to provide the information regarding experts described above. The deadlines above shall be met by the parties who/which have conducted discovery in good faith and through interrogatories seeking the information described in the subparagraphs above. 6a. TREATING DOCTORS AND NON-RETAINED EXPERT WITNESSES. No later than 60 DAYS prior to the pre-trial conference, all parties shall serve on all opposing counsel and file with the Court a notice containing the following information regarding each treating physician and non-retained expert witness who will testify at trial as an expert witness on behalf of a party: (a) the name and address of the witness; (b) the area(s) of expertise of the witness; (c) the subject matter of the expected testimony of the witness; (d) the substance of the facts and opinions about which the witness is expected to testify; and (e) a summary of the grounds on which each of the opinions of the witnesses will be based. 16-2022-CA-006811-XXXX-MA Page 3 of 8 The court expects the parties to conduct discovery in good faith. Nothing in the foregoing should be interpreted to cause discovery regarding experts to commence on the deadlines referenced above. Should it be determined that a party failed to conduct discovery in good faith by refusing to identify expert witnesses or their opinions in a timely manner pursuant to interrogatories or other discovery, the court may strike such experts' testimony. If the defendant(s) has not served interrogatories upon the plaintiff(s) requesting discovery of those things outlined in subparagraphs (a) - (e) above, then, and in that event, the plaintiff is not required to provide the information regarding experts described above. If the plaintiff(s) has not served interrogatories upon the defendant requesting discovery of those things outlined in subparagraphs (a) - (e) above then, and in that event, the defendant is not required to provide the information regarding experts described above. The deadlines above shall be met by the parties who/which have conducted discovery in good faith and through interrogatories seeking the information described in the subparagraphs above. 7. DISCOVERY. All discovery shall be completed prior to the Pre-Trial Conference unless otherwise extended by written agreement of counsel or by Order of the Court. 8. EXPERT ISSUES. All expert related motions or objections shall be filed and served at least sixty (60) days prior to the first day the case is set for trial. A copy of all such motions shall be delivered to the Court at the same time they are filed and served. The party filing expert related motions or objections shall be responsible to do that which is necessary so that hearings regarding expert related evidence shall be noticed and heard or agreed to by the parties no later than thirty (30) days prior to the first day of the date the case is set for trial. Any expert related motions or objections shall state with particularity the grounds upon which they are based and the substantial matters of law to be argued and shall identify any evidence or supporting material on which the movant relies. Any expert related motions or objections not filed or noticed for hearing within the time referenced in this paragraph are denied and such objections are overruled. The Court may summarily rule on any expert related motion not written with particularity as described above. 9. MOTIONS IN LIMINE. All case specific Motions in Limine shall be filed, served, noticed and heard or agreed to by the parties no later than thirty (30) days prior to the first day the case is set for trial. A copy of all such motions shall be delivered to the Court at the same time they are filed and served. The Motion shall state with particularity the grounds upon which it is based and the substantial matters of law to be argued and shall identify any evidence or supporting material on which the movant relies. The Court may summarily rule on any Motions in Limine not written with particularity as described above. 10. RULE 1.360 EXAMINATIONS. 16-2022-CA-006811-XXXX-MA Page 4 of 8 No later than 60 DAYS prior to trial, all medical evaluations and other examinations pursuant to Fla. R. Civ. P. 1.360 shall have been completed. The examination is not a deposition so the examiner shall be limited to that information reasonably necessary to conduct the specialty- appropriate examination, including a brief medical history as well as present complaints. No invasive testing shall be performed without consent or court order. The examinee will not be required to complete any lengthy information forms but may furnish the doctor with name, address and date of birth. Questions are permitted regarding the cause of the injury (e.g., car wreck, slip and fall, etc.) and the location on plaintiff’s body where the plaintiff claims injury. Questions pertaining to fault, plaintiff’s attorney, referrals to plaintiff’s doctor and what plaintiff told others are NOT permitted. Also, the report of the examiner shall be provided to plaintiff’s counsel no later than thirty (30) days after the examination. In the event the defendant intends to call the medical or mental evaluator as an expert witness at trial, then and in that event, the defendant shall furnish opposing counsel with two (2) alternative dates of witness availability for purpose of taking his/her deposition. The witness shall be available to be deposed within ten (10) days of rendering the report. 11. JURY INSTRUCTIONS AND VERDICT FORMS. Plaintiff shall provide a complete set of proposed jury instructions. Defendant shall provide only special instructions not included in Plaintiff’s submission. The parties shall seek to agree on a verdict form and submit one agreed form. If the parties cannot agree, each party shall submit its own proposed form. The proposed instructions and verdict forms will be submitted to the Court at the Pretrial Conference. All instructions will be in a form suitable for submission to the jury. (The face sheet is to identify the proposing party and contain a numbered list of the proposed instructions. The instructions may be correspondingly numbered. A party may attach citations of authority to individual instructions. No such information shall be contained on the face of the instructions.) 12. ATTORNEY REPRESENTATION. The Pre-Trial meeting and the Pre-Trial Conference shall be attended by an attorney who will participate in the trial of the case, and all admissions and disclosures of fact made at those times shall be binding on the client. 13. MEDIATION. This matter is hereby referred to a Mediator. The Mediator shall be Blane McCarthy, Esq. MEDIATION SHALL BE COMPLETED PRIOR TO THE PRE-TRIAL CONFERENCE AND MAY BE CANCELED ONLY BY LEAVE OF THE COURT FOR GOOD CAUSE SHOWN. If the case should settle, the mediator and all counsel for the Plaintiff(s) and Defendant(s) shall 16-2022-CA-006811-XXXX-MA Page 5 of 8 immediately contact the Judge's office and remove the trial and pretrial conference from the Judge's calendar. Copy of mediation report is not sufficient to remove the case from the docket. 14. ADMONITIONS. Failure to comply with the requirement of this Order will subject the party or attorney to appropriate sanctions. 15. SETTLEMENT. All counsel shall immediately notify this Court in the event of settlement or dismissal. Additionally, the parties shall submit a stipulation for an order of dismissal or shall file a dismissal with prejudice of the case. Counsel shall also notify the Court of any pending hearings that will be canceled as a result of the settlement. DONE AND ORDERED in Chambers at Jacksonville, Duval County, Florida, this Thursday, March 21, 2024. MICHAEL SHARRIT CIRCUIT COURT JUDGE Copies to: Glen Barry Levine pleadings@anl-law.com glevine@anl-law.com John N Kessenich William J McAfee bigpleadings@taylordaylaw.com pleadings@anl-law.com jnk@taylordaylaw.com hburns@taylordaylaw.com Blane McCarthy bmccarthey@milesmediation.com 16-2022-CA-006811-XXXX-MA Page 6 of 8 16-2022-CA-006811-XXXX-MA Page 7 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 at (904) 255-1695 or crtintrp@coj.net, 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.” 16-2022-CA-006811-XXXX-MA Page 8 of 8