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IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT

IN AND FOR PALM BEACH COUNTY, FLORIDA

FORECLOSURE DIVISION AW
CASE NO. 50-2016-CA-009292-XXXX-MB
FIRST AMERICAN BANK,
Plaintiff/Petitioner
vs.
LAURENCE S SCHNEIDER,
STEPHANIE L. SCHNEIDER,
JEFFREY MARC HERMAN,
et al.,
Defendant/Respondents.
________________________________________/

ORDER SETTING RESIDENTIAL FORECLOSURE NON- JURY TRIAL

AND DIRECTING PRETRIAL PROCEDURES

I. SCHEDULING
This action is set for non-jury trial. YOU SHALL APPEAR AT 09:00 AM on
JUNE 28, 2017. Please go to the board on the 4th floor outside of courtroom 4A to
confirm courtroom assignment in the Palm Beach County Courthouse, 205 N. DIXIE
HIGHWAY, WEST PALM BEACH, FL 33401 for the non- jury trial. (90 Minutes
are reserved). The trial period will run for 20 consecutive days (weekend and holidays
excluded) beginning with the trial date specified above. The parties shall do all things
reasonable and necessary to assure the availability of their witnesses for the entire trial
period or to otherwise preserve their testimony for trial as provided by the Florida Rules
of Civil Procedure. See Rule 1.330 Fla. R. Civ. P. and Rule 2.545 of the Florida Rules of
Judicial Administration. Failure of Plaintiff's counsel to appear may result in dismissal
of the case.
II. UNIFORM PRETRIAL PROCEDURE

A. The parties shall within 10 days exchange lists of all trial exhibits, names and
addresses of all trial witnesses, and names and addresses of all expert
witnesses.
B. On the last business day no later than twenty (20) days prior to trial, the parties shall
exchange lists of names and addresses of all rebuttal witnesses.
C. In addition to names and addresses of each expert retained to formulate an expert
opinion with regard to this case, both on the initial listing and on rebuttal, the parties
shall provide:

1. the subject matter about which the expert is expected to testify;

2. the substance of the facts and opinions to which the expert is expected to
testify;
3. a summary of the grounds for each opinion;
4. a copy of any written reports issued by the expert regarding this case; and

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Exhibit "J"
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Case No. 50-2016-CA-009292-XXXX-MB

5. a copy of the expert’s curriculum vitae.

D. On the last business day no later than twenty (20) days prior to trial, the parties shall
confer and:

1. discuss settlement;
2. simplify the issues and stipulate, in writing, as to as many facts and issues as
possible; and
3. list all objections to trial exhibits (objections must state specific grounds only).

E. ADDITIONAL EXHIBITS, WITNESSES OR OBJECTIONS. At trial, the parties

shall be strictly limited to exhibits and witnesses disclosed and objections
previously preserved. Failure to state objections to previously disclosed
exhibits pursuant to this order constitutes a waiver. A party intending to use an
exhibit or witness discovered after counsel have conferred pursuant to paragraph D
shall immediately furnish the Court and other counsel with a description of the exhibit
or with the witness' name and address and the expected subject matter of the witness'
testimony, together with the reason for the late discovery of the exhibit or witness.
Use of the exhibit or witness may be allowed by the Court for good cause shown or
to prevent manifest injustice.
F. DISCOVERY. All discovery must be completed no later than ten (10) days before
the date set for trial.
G. PRE- TRIAL MOTIONS. All pre- trial motions must be heard prior to the day
of trial. All motions filed and not timely set for hearing may be deemed
abandoned by the court. No motions shall be heard on the day of trial.
H. PRE-TRIAL CONFERENCE. All attorneys shall be thoroughly familiar with the
case and prepared to consider and determine immediately prior to trial such matters
as are set forth in Rule 1.200, Fla. R. Civ. P.(2012). Accordingly, this notice also
constitutes your notice of pretrial and case management conference.
I. UNIQUE QUESTIONS OF LAW. Prior to trial, counsel for the parties are directed
to exchange and simultaneously submit to the Court appropriate memoranda with
citations to legal authority in support of any uniquelegal questions which may
reasonably be anticipated to arise during the trial.
J. STIPULATIONS. All stipulations shall be in writing. The parties’ stipulation may
be agreed by the Court, except to the extent that the stipulation may interfere with
the Court’s scheduling of the matter for trial or hinder the orderly progress of the
trial.
K. PREMARKING EXHIBITS. Prior to trial, each party shall mark for identification all
exhibits (pursuant to the guidelines and template attached).
L. DEPOSITION DESIGNATIONS. Prior to trial, each party shall serve his, her, or
its designation of depositions, or portions of depositions, each intends to offer as
testimony in his, her, or its case in chief. Prior to trial, each opposing party shall
serve his, her, or its counter (or “fairness”) designations to portions of depositions
designated, together with objections to the depositions, or portions thereof,
originally designated. Prior to trial, each party shall serve his, her, or its objections
to counter designations served by an opposing party.

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M. ORIGINAL DOCUMENTS. The plaintiff is required to either present the original

promissory note at trial or, if otherwise alleged in the complaint, re-establish the lost
note. If the original note is in the court file, please email CAD-
DivisionAW@pbcgov.org five (5) days prior to trial to request the file. (See
Administrative Order 3.311-4/12 regarding disposal of foreclosure trial exhibits.)
N. FINAL JUDGMENT AND FINAL DISPOSITION FORM. Counsel shall bring to
trial stamped, self-addressed envelopes for all parties on the service list and a
proposed Final Judgment with sufficient copies for service. The content of the
proposed Final Judgment shall include a reservation of jurisdiction and shall be
consistent with Administrative Order 3.304-3/12 (as amended). Counsel shall also
provide a completed Final Disposition Form (Form 1.998).
O. WHEN STANDING IS RAISED AS A DEFENSE. In any case in which standing is
raised as a defense, Both counsel shall prepare, and at trial shall provide to the
Court and opposing counsel/party, a chart that tracks sequentially the
ownership/possession of the subject note from the date of inception through the
present date. With the exception of the original note, copies of all supporting
documents (assignments, allonges, etc.) shall be attached to the chart.

III. TIME RESERVED AND SERVICE LISTS

This order reflects the time (days/hours/minutes) anticipated for the trial. (See Paragraph I.)
If more or less time is needed, notify the court via email at CAD-
DivisionAW@pbcgov.org and file with the Clerk any writing of any change in the time
requested. If the parties disagree regarding the amount of trial time needed, each party
shall file with the Court a Notice of Estimated Time Need for Trial, identifying the case
style and case number, the amount of trial time the party is requesting, how many
witnesses, and why there the parties disagree. Such requests must be considered in
advance of the time of trial.

All counsel or self represented litigants shall review the service list in or attached to this
order and advise the Court in writing via email at CAD-DivisionAW@pbcgov.org of any
additions or deletions to the service list.
IV. MOTIONS WHICH REQUIRE RESCHEDULING OR CANCELATION OF
TRIAL
Motions to Continue Trial, Strike Trial Date, to Reschedule Trial, and any other Motions
which affect the scheduling of a trial that is set pursuant to this order, including but not
limited to Motions to Amend, Motions for Extension of Time, and Motions to Withdraw
as Counsel are to be set for hearing with proper notice to all parties at 8:45 a.m. and
scheduled on- line on Monday through Thursdays at Uniform Motion Calendar.
Additionally, the notice shall direct all parties to check the white board in front of
courtroom 4A to confirm the courtroom assignment. No such motions will be heard at
trial.
V. NONCOMPLIANCE
NONCOMPLIANCE WITH ANY PORTION OF THIS ORDER MAY RESULT
IN THE DISMISSAL OR STRIKING OF THE CASE, WITNESSES, OR
EXHIBITS, OR IMPOSITION OF SUCH OTHER SANCTIONS AS ARE JUST.

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NOTE: In accordance with the 15th Judicial Circuit’s Administrative Order 2.310-5/14, please
ensure that primary and secondary email addresses are registered with Court Administration at
www.15thcircuit.com/onlineservices. The filing of an email designation with the Clerk’s Office is
NOT a registration with Court Administration for judicial e-service of orders. If you do not
register with the 15th Circuit as set forth above, your e-service address will auto-populate with
your Florida Bar e-mail address and may result in orders going to e-mail addresses which are not
frequently checked.
In accordance with Administrative Order 2.311-2/13 , when an attorney is no longer counsel of
record on a case, the attorney must update his or her primary and secondary email addresses with
the Clerk of Court. (See exhibits attached to A.O. 2.311.)

DONE AND ORDERED in West Palm Beach, Palm Beach County, Florida, this 16th
day of May, 2017.

COPIES TO:

HENRY H. BOLZ 121 MAJORCA AVE HBOLZ@KELLERBOLZ.CO

SUITE 200 M
CORAL GABLES, FL 33134 ahart@kellerbolz.com
JAY S. LEVIN 6111 BROKEN SOUND jlevin@ssclawfirm.com
PKWY NW foreclosures@ssclawfirm.com
#200 jaylevin.esq@gmail.com
BOCA RATON, FL 33487
LAURENCE S. SCHNEIDER 360 EAST COCONUT PALM LARRY@SACAPITALPART
ROAD NERS.COM
BOCA RATON, FL 33432
STEPHANIE L. 360 EAST COCONUT PALM LARRY@SACAPITALPART
SCHNEIDER ROAD NERS.COM
BOCA RATON, FL 33432

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This notice is provided pursuant to Administrative Order No. 2.207

“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 Tammy Anton,
Americans with Disabilities Act Coordinator, Palm Beach County
Courthouse, 205 North Dixie Highway West Palm Beach, Florida 33401;
telephone number (561) 355-4380 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 Tammy Anton, 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 Tammy Anton,
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) 355-4380 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.”

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Case No. 50-2016-CA-009292-XXXX-MB

IN THE CIRCUIT COURT OF THE FIFTEENTH

PRE MARKING EXHIBITS JUDICIAL CIRCUIT, IN AND FOR PALM
Pa rtie s sha ll pre ma rk a ll e xhibits prio r to tria l BEACH COUNTY, FLORIDA,
The la be l is siz e d to fit Ave ry La be ls 6 874 The la be l Divisio n AW
sho uld be a ffixe d to the ba c k o f e a c h e xhibit o r to the Cas e No.: 50 2016 CA 009292 XXXX MB
ba c k o f the la st pa g e if e xhibit c o nta ins se ve ra l pa g e s Plaintiff:
(O bvio usly, until the tria l, the pa rtie s will no t kno w if the
Defendant:
e xhibit will be re c e ive d into e vide nc e ) Bla nk te mpla te s
with the c a se na me , da te o f the tria l, c a se numbe r, a nd
o the r ide ntifying info rma tio n sha ll be bro ug ht to the tria l Filed by the: PLAINTIFF [ ] DEFENDANT [ ]
CO URT[ ]
Ta pe sho uld be use d to a dhe re the m to the ba c k
if no t using the a dhe sive la be ls (no sta ple s) If c o mpo site
IDENTIFICATIO N as exhibit #
e xhibit, a dhe re the e xhibit stic ke r to the ba c k o f the la st
pa g e
ADMITTED INTO EVIDENCE as exhibit #

with objection without objection

This date:
By:
J UD G

IN THE CIRCUIT COURT OF THE FIFTEENTH IN THE CIRCUIT COURT OF THE FIFTEENTH
JUDICIAL CIRCUIT, IN AND FOR PALM JUDICIAL CIRCUIT, IN AND FOR PALM
BEACH COUNTY, FLORIDA, BEACH COUNTY, FLORIDA,
Divisio n AW Divisio n AW
Cas e No.: 50 2016 CA 009292 XXXX MB Cas e No.: 50 2016 CA 009292 XXXX MB
Plaintiff: Plaintiff:
Defendant: Defendant:

Filed by the: PLAINTIFF [ ] DEFENDANT [ ] Filed by the: PLAINTIFF [ ] DEFENDANT [ ]

CO URT[ ] CO URT[ ]

IDENTIFICATIO N as exhibit # IDENTIFICATIO N as exhibit #

ADMITTED INTO EVIDENCE as exhibit # ADMITTED INTO EVIDENCE as exhibit #

with objection without objection with objection without objection

This date: This date:
By: By:
J UD G J UD G

IN THE CIRCUIT COURT OF THE FIFTEENTH IN THE CIRCUIT COURT OF THE FIFTEENTH
JUDICIAL CIRCUIT, IN AND FOR PALM JUDICIAL CIRCUIT, IN AND FOR PALM
BEACH COUNTY, FLORIDA, BEACH COUNTY, FLORIDA,
Divisio n AW Divisio n AW
Cas e No.: 50 2016 CA 009292 XXXX MB Cas e No.: 50 2016 CA 009292 XXXX MB
Plaintiff: Plaintiff:
Defendant: Defendant:

Filed by the: PLAINTIFF [ ] DEFENDANT [ ] Filed by the: PLAINTIFF [ ] DEFENDANT [ ]

CO URT[ ] CO URT[ ]

IDENTIFICATIO N as exhibit # IDENTIFICATIO N as exhibit #

ADMITTED INTO EVIDENCE as exhibit # ADMITTED INTO EVIDENCE as exhibit #

with objection without objection with objection without objection

This date: This date:
By: By:
J UD G J UD G

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