Hearing: Universal Property & Casualty Insurance Company Vs Gervasi, Paul

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                                IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL DIVISION

PAUL GERVASI
and CATHERINE GERVASI,
Plaintiff,
Case No.: 11-2018-CA-000393
v.

UNIVERSAL PROPERTY &
CASUALTY INSURANCE COMPANY,
Defendant.
/

AGREED CASE MANAGEMENT PLAN AND ORDER

The parties hereby submit 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)
x Standard Track (Case is 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

Statement of Facts and/or Counterclaim(s)

AGREED DATE

Plaintiff(s): ]10/30/18

Defendant(s):

Identification of facts the parties believe to be disputed

Plaintiff(s):

Defendant(s): |10/30/18

Identification of the issues of law to be decided by the Court
Motions to Add Parties or to Amend Pleadings

FILEDOT/167718 1440colliertoDisclosure of Fact Witnesses
Plaintiff(s): }10/30/18
Defendant(s) }1 1/30/18

' Case disposition times for all Case Tracks have been established in accordance with Florida Rule of Judicial Administration
2.250(aX1)(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.

DEADLINE OR EVENT AGREED DATE

Filing of Exhibit List
Plaintiff(s):

Defendant(s):

Discovery Deadline for Fact Witnesses
(All discovery must be commenced in time to be completed before this date)
Plaintiff(s):

Defendant(s):
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):

Defendant(s): |1/30/19
Discovery Deadline for Expert Witnesses

Plaintiff(s): [2/28/19

Defendant(s): |2/28/19

Completion of Alternative Dispute Resolution (ADR)
(Mediation is mandatory unless the parties agree to another form of ADR.
If early ADR is selected and it does not result in settlement or disposition of
this entire action, a case management conference will be scheduled within 4
45 days from the date of ADR ) - Sam

Deadline:

Type of ADR: [Mediation

Deadline for Filing Dispositive Motions 10 days prior to Pretrial
(Court requires filing not later than 10 days prior to the pretrial management |Conference
conference)Other Deadlines or Events

Pretrial 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

Trial Information

Estimated Date the Case Will Be Prepared To Go To Trial

the Pretrial Conference.
(If counsel and unrepresented parties do not agree on the estimated
date on which the case will be prepared to go to trial, the Court may

05/20/19
on its own motion set the case for trial

Estimated Length of Trial (specify the number of trial days): 3-4 days
Identification of Jury or Non-Jury Trial

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 12, 2018

s/David D. Barnhill
Andrew P. McDonald., Esquire, No. 805661
David D. Barnhill, Esquire, No. 90442

Date: July 12, 2018

s/Joseph A. Matera II
Joseph A. Matera II, Esquire, No. 0098014

McDonald & Barahill, PLA Groelle & Salmon, P.A.
(cDonal ill, P.A.
12000 N. Dale Mabry Hwy., Ste 270 7650 W Courtney Campbell Causeway
Tampa, Florida 33618 Suite 800
(813) 265-2020 telephone Tampa, FL 33607
(813) 200-2030 facsimile (813) 849-7200 telephone
eservice@mcdonaldbarnhill.com (813) 849-7201 facsimile
Attorneys for Plaintiffs gstcourtdocs@gspalaw.com

Attorneys for Defendant

3ORDER APPROVING AGREED CASE MANAGEMENT PLAN 18-CA-393

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 Maple ge » County, Florida on Lh G lily LOZ
heyyy 2. Hayes!

Circuit Judge