IN AND FOR PALM BEACH COUNTY, FLORIDA CIVIL DIVISION "AE"
ORDER SPECIALLY SETTING SUMMARY JUDGMENT HEARING
ThIS MATTER is specially set for hearing before JUDGE JEFFREY DANA GILLEN in Courtroom 9A at the Palm Beach County Courthouse, 205 North Dixie Highway, West Palm Beach, Florida, as follows:
DATE OF HEARING:
TIME OF HEARING:
TITLED OF MOTION(s):
*No amended pleadings shall be filed without leave of court.
THIS MATTER HAS BEEN SPECIALLY SET BY COURT ORDER AND CANNOT BE CANCELED OR RESET EXCEPT BY FURTHER ORDER OF THE COURT.
NOTE: If the issue is resolved less than twenty-four (24) hours prior to the hearing (excluding weekends), the moving party shall appear before the Court at the scheduled time of hearing with their proposed order.
IT IS THE INTENT OF THIS COURT TO DISPOSE OF THE SUBJECT MATTER OF THE SPECIALLY SET MOTION(S) ON THE DATE AND TIME APPEARING IN THIS ORDER. Accordingly, all counsel or self-represented parties must either: (1) be present personally or by telephone at the hearing (Contact the Judicial Assistant for the telephone instructions and then make arrangements with Court Call at least five (5) business days prior - 888-882-6878); (2) submit a written memorandum in lieu of personal appearance and oral argument; or (3) submit an Agreed Order disposing of the motion at least forty-eight (48) business hours prior to hearing.
Fla. R. Civ. P. l.5l0 governs motions for summary judgment, and provides that the motion shall state with particularity the grounds upon which it is based and further requires that the court ascertain at a hearing on the motion whether there exists any “genuine issue as to any material factual that the moving party is entitled to a judgment as a matter of law.”
If the party moving for summary judgment will rely on anything other than affidavits to support the motion, no later than twenty (20) days prior to the scheduled hearing on the motion, the movant shall file a statement of each fact alleged to be without controversy and a citation of the record establishing such fact. ACOPYSHALL BE SIMULTANEOUSLY SUBMITTED TO THE COURT INDICATING THE DATE AND TIME OF THE SCHEDULED HEARING. All citations shall be made with particularity to (1) the docket number and paragraph of pleadings, and (2) the docket number and page of interrogatories or requests for admissions; and (3) the page and line of depositions.
All cases and legal authorities submitted to the court must be tabbed, with pertinent sections highlighted. Be advised that documents e-filed are processed by the clerk into the computerized file. That process is not instantaneous. It usually takes more than a full day. Consequently, to ensure that the undersigned has an opportunity to review documents prior to the hearing, e-file for enough in advance.
At least five (5) business days prior to the hearing, the party opposing the motion for summary judgment shall file a response to each fact alleged not to be in controversy, and either admit that such fact is not in controversy or set forth citation of the record with the particularity described above where the fact is controverted. A HARD COPY SHALL BE SIMULTANEOUSLY SUBMITTED TO THE COURT INDICATING THE DATE AND TIME OF THE SCHEDULED HEARING.
Failure to comply with this order shall result in sanctions, including but not limited to attorney’s fees incurred by the other side in attending a summary judgment motion which cannot be concluded because of the failure to comply with this order.
DONE AND ORDERED in Chambers, at West Palm Beach, Palm Beach County, Florida, on this ______ day of ______________, 2015.
Copies furnished to registered e-mail addresses with ADA language.
*List each name attorney’s and one registered e-mail address
(For pro se parties indicate their mailing address and that the attorney setting the hearing is required to mail a copy of the order to the party.)
“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 Americans with Disabilities Act Coordinator, Palm Beach County Courthouse, 205 North Dixie Highway West Palm Beach, Florida 33401; telephone number (561) 3554380 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.” “Si usted es una persona minusválida que necesita algún acomodamiento para poder participar en este procedimiento, usted tiene derecho, sin tener gastos propios, a que se le provea cierta ayuda. Tenga la amabilidad de ponerse en contacto con, 205 N. Dixie Highway, West Palm Beach, Florida 33401; teléfono número (561) 355-4380, por lo menos 7 días antes de la cita fijada para su comparecencia en los tribunales, o inmediatamente después de recibir esta notificación si el tiempo antes de la comparecencia que se ha programado es menos de 7 días; si usted tiene discapacitación del oído o de la voz, llame al 711.” “Si ou se yon moun ki enfim ki bezwen akomodasyon pou w ka patisipe nan pwosedi sa, ou kalifye san ou pa gen okenn lajan pou w peye, gen pwovizyon pou jwen kèk èd. Tanpri kontakte, kòòdonatè pwogram Lwa pou ameriken ki Enfim yo nan Tribinal Konte Palm Beach la ki nan 205 North Dixie Highway, West Palm Beach, Florida 33401; telefòn li se (561) 3554380 nan 7 jou anvan dat ou gen randevou pou parèt nan tribinal la, oubyen imedyatman apre ou fin resevwa konvokasyon an si lè ou gen pou w parèt nan tribinal la mwens ke 7 jou; si ou gen pwoblèm pou w tande oubyen pale, rele 711.”