Opinion
2:20-cv-958-SPC-KCD
09-20-2022
IN THE MATTER OF HANSON MARINE PROPERTIES, INC., d/b/a Salty Sam's Marina, as the owner of a 2017 26' Beachcat, Hull Identification Number BHT423BCE717, Petitioner.
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SHERI POLSTER CHAPPELL UNITED STATES DISTRICT JUDGE.
This Order follows up on three matters addressed at today's status conference that the Court held with attorneys for the remaining parties, Kayley Prinzi and Kevin Hyma.
First, the Court will, in its broad discretion, separate the bench trial on the issues of liability and damages. See Fed.R.Civ.P. 42(b); Gilbert v. StateFarm Mut. Auto. Ins. Co., 311 F.R.D. 685, 686 (M.D. Fla. 2015). It does so after considering the convenience to all parties and the Court and to expedite and economize what has been represented as potentially a two-week bench trial. The Court thus will hold a three-day bench trial as to liability starting on December 12, 2022, then as to damages later if necessary. All witnesses must testify in person. And the Court will modify the Amended Case Management and Scheduling Order (Doc. 191) with new deadlines to govern the liability phase. The Court is not inclined to grant any continuances absent extraordinary circumstances.
Following the liability trial, the Court will set additional deadlines and the second part of trial on damages if necessary.
Second, the Court conferred with the parties about consenting to United States Magistrate Judge Kyle C. Dudek, whose calendar may better accommodate the parties and their attorneys. If the parties consent, they should file the AO85 form on or before September 26, 2022.
Third, the parties believe, as does the Court, that a settlement conference with United States Magistrate Judge Nicholas P. Mizell may be beneficial in resolving this case before the bench trial. The Court thus will refer this case to Judge Mizel to conduct that conference at a date and time in October 2022 convenient for him.
Accordingly, it is
ORDERED:
1. This action is set for a bench trial on liability on December 12, 2022, at 9:00 a.m. before the undersigned. The Clerk is DIRECTED to issue a notice of hearing under separate cover.
2. These deadlines govern this action through the bench trial on liability:
DEADLINE
DATE
File AO85 form if consenting to Magistrate Judge Kyle C. Dudek
September 26, 2022
Final Pretrial Meeting
November 4, 2022
Motions in Limine as to Liability Only
November 11, 2022
Responses to Motions in Limine
November 14, 2022
Joint Final Pretrial Statement and Trial Briefs as to Liability Only
November 18, 2022
Final Pretrial Conference (in person)
December 7, 2022, at 9:30 am
Trial Date for Liability Only
December 12, 2022, at 9:00 am
Estimated Length of Trial on Liability
3 days
DONE and ORDERED.