Filing # 13588187 Electronically Filed 05/13/2014 11:37:06 AM
`
`IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
`IN AND FOR PALM BEACH COUNTY, FLORIDA
`
`WELLS FARGO BANK N.A.,
`
`Plaintiff,
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`Case No: 50-2012-CA-013487-XXXX-MB
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`ERIC KOVACS, et al,
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`Defendants.
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`CERTIFICATE OF MAILING
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`Plaintiff, by and through the undersigned counsel, certifies that a copy of the below listed
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`documents has been sent via U.S. Mail and/or email as required to the attached Certificate of
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`Service:
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`• Order of Referral to Magistrate and Order Setting Residential Foreclosure
`
`Non-Jury Trial and Directing Pretrial Proceedures
`
`NOT A CERTIFIED COPY
`
`.Joaquin A. warmas, Esq.
`Fjdrida BabMf0043251 ^
`-Lender Legal ServicesrELC
`201 East Pine Street, Suite 730
`Orlando, Florida 32801
`Tel: (407) 730-4644
`Fax: (888) 337-3815
`Attorney for Plaintiff
`
`Service Emails:
`ibarinas@lenderlegal.com
`EService@LenderLegal.com
`
`LLS01468-Kovacs, Eric 19667 Oregon Rd., Palm Beach, FL | 7000036290
`
`*** FILED: PALM BEACH COUNTY, FL SHARON R BOCK, CLERK.***
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`

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`IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
`IN AND FOR PALM BEACH COUNTY, FLORIDA
`
`CIRCUIT CIVIL DIVISION AW CASE NO. 502012CA013487XXXXMB
`
`WELLS FARGO BANK NA,
`US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR STANWICH,
`Plaintiffs)
`
`and ■
`ERIC KOVACS,
`UNKNOWN SPOUSE OF ERIC KOVACS,
`MIDFIRST BANK,
`KIMBERLY AT BOCA LAND ASSOCIATION INC,
`SOUTHWIND LAKES HOMEOWNERS ASSOCIATION INC,
`UNKNOWN TENANT #1,
`UNKNOWN TENANT #2,
`UNKNOWN TENANT #3,
`UNKNOWN TENANT #4,
`Defendant(s).
`
`ORDER OF REFERRAL TO MAGISTRATE AND ORDER SETTING RESIDENTIAL
`FORECLOSURE NON-JURY TRIAL AND DIRECTING PRETRIAL PROCEDURES
`
`NOT A CERTIFIED COPY
`
`I.
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`SCHEDULING
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`This action is set for non-jury trial. YOU SHALL APPEAR AT 3:00PM on June 12, 2014, IN
`COURTROOM 6H, PALM BEACH COUNTY COURTHOUSE, 205 NORTH DIXIE HIGHWAY,
`WEST PALM BEACH, FLORIDA for the non-jury trial, (15 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. Please go to the white board on the 4t,' floor outside of courtroom 4A to
`confirm courtroom assignment. Failure of Plaintiffs counsel to appear may result in dismissal of the
`case.
`
`H. REFERRAL TO THE MAGISTRATE
`
`A referral to a Magistrate for a residential mortgage foreclosure matter requires the consent
`of all parties. You are entitled to have this matter heard before a Judge. If you do not want to have
`this matter heard before the Magistrate, you must file a w'ritten objection to the referral within 10
`days of the time of service of this order.* If the time set for the hearing is less than 10 days after the
`service of this order, the objection must be made before the hearing. If this order is served within the
`first 20 days after the service of process, the time to file an objection is extended to the time within
`which a responsive pleading is due. Failure to file a written objection within the applicable time
`period is deemed to be consent to the referral. Review of the report and recommendations made by
`the Magistrate shall be by exceptions as provided in this rule. A record, which includes a transcript of
`proceedings, may be required to support the exceptions.
`
`* The written objection must be in the form of a "Notice of Objection to Referral to
`Magistrate for Case Management Conference" and must be filed with the Clerk of the Court with a
`
`

`

`Order of Referral to Magistrate and
`Order Setting Residential Foreclosure Non-Jury Trial
`Case No: 502012CA013487XXXXMB
`Page 2
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`courtesy copy mailed to the Foreclosure Division, Attention: Magistrate. YOU ARE REQUIRED TO
`APPEAR AT THE TRIAL DATE GIVEN BELOW EVEN IF YOU HAVE FILED OBJECTIONS.
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`HL UNIFORM PRETRIAL PROCEDURE
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`NOT A CERTIFIED COPY
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`A.
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`B.
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`C.
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`D.
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`E.
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`F.
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`G.
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`H.
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`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.
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`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.
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`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:
`the subject matter about which the expert is expected to testify;
`1.
`the substance of the facts and opinions to which the expert is expected to testify;
`2.
`a summary of the grounds for each opinion;
`3.
`a copy of any written reports issued by the expert regarding this case; and
`4.
`a copy of the expert’s curriculum vitae.
`5.
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`On the last business day no later than twenty (20) days prior to trial, the parties shall confer and:
`discuss settlement;
`1.
`simplify the issues and stipulate, in writing, as to as many facts and issues as possible; and
`2.
`list all objections to trial exhibits (objections must state specific grounds only).
`3.
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`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.
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`DISCOVERY. All discovery must be completed no later than ten (10) days before the date set for
`■■ trial. -
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`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.
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`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
`
`

`

`Order of Referral to Magistrate and
`Order Setting Residential Foreclosure Non-Jury Trial
`Case No: 502012CA013487XXXXMB
`Page 3
`
`management conference.
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`I.
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`J.
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`K.
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`L.
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`M.
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`N.
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`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 unique legal questions which may reasonably be anticipated to arise during the trial.
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`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.
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`PREMARKING EXHIBITS. Prior to trial, each party shall mark for identification all exhibits
`(pursuant to the guidelines and template attached).
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`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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`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. (See Administrative
`Order 3.311-4/12 regarding disposal of foreclosure trial exhibits.)
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`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).
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`NOT A CERTIFIED COPY
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`IV. 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.
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`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.
`
`

`

`Order of Referral to Magistrate and
`Order Setting Residential Foreclosure Non-Jury Trial
`Case No: 502012CA013487XXXXMB
`Page 4 ■
`
`V. MOTIONS WHICH REQUIRE RESCHEDULING OR CANCELATION OF TRIAL
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`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. on Monday thru 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.
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`NOT A CERTIFIED COPY
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`V. NONCOMPLIANCE
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`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.
`
`DONE AND ORDERED in West Palm Beach, Palm Beach County, Florida this Sth day of May, 2014.
`
`RICHARD L. OFTEDAL
`Circuit Judge
`
`

`

`Order of Referral to Magistrate and
`Order Setting Residential Foreclosure Non-Jury Trial
`Case No: 502012CA013487XXXXMB
`Page 5
`
`This notice is provided pursuant to Administrative Order No. 2.207-9/12
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`“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 Germaine English, 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.”
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`NOT A CERTIFIED COPY
`
`“Si usted es una persona minusvalida que necesita algun 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; telefono
`numero (561) 355-4380, por lo menos 7 dfas antes de la cita fijada para su
`comparecencia en los tribunales, o inmediatamente despues de recibir esta
`notification si el tiempo antes de la comparecencia que se ha programado es menos
`de 7 dias; si usted tiene discapacitacion del oido 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 kek ed. Tanpri kontakte koodonate pwogram Lwa pou ameriken ki Enfim yo
`nan Tribinal Konte Palm Beach la ki nan 205 North Dixie Highway, West Palm
`Beach, Florida 33401; telefon li se (561) 355-4380 nan 7 jou anvan dat ou gen
`randevou pou paret nan tribinal la, oubyen imedyatman apre ou fin resevwa
`konvokasyon an si le ou gen pou w paret nan tribinal la mwens ke 7 jou; si ou gen
`pwoblem pou w tande oubyen pale, rele 711.”
`
`

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`P,KE-M.ARK.IW... EXHIBITS
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`Parties shall pre-mark all exhibits prior to trial. The
`label is sized to fit Avery Labels 6874. The label should be
`affixed to the back of each exhibit or to the back of the last
`page if exhibit contains several pages. (Obviously, until the
`trial, the parties will not know if the exhibit will be
`received into evidence.) Blank templates with the case
`name, date of the trial, case number, and other identifying
`information shall be brought to the trial.
`
`Tape should be used to adhere them to the back if
`not using the adhesive labels (no staples). If composite
`exhibit, adhere the exhibit sticker to the back of the last
`page.
`
`IN THE CIRCUIT COURT OF THE FIFTEENTH
`JUDICIAL CIRCUIT, IN AND FOR PALM
`BEACH COUNTY, FLORIDA,
`Division AW
`
`Case No.:
`Plaintiff:
`Defendant:
`
`Filed by the PLAINTIFF
`DEFENDANT
`COURT'
`
`IDENTIFICATION as exhibit #
`
`ADMITTED IN’I O EVIDENCE as exhibit #
`
`
`
`with objection without objection
`
`Case No.:
`Plaintiff.
`Defendant:
`
`Filed by the
`
`PLAINTIFF
`DEFENDANT
`• ■COURT '■'..■■'■■■'■
`
`Filed by the PLAINTIFF
`DEFENDANT
`■. COURT - . • . .
`
`IDENTIFICATION as exhibit #
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`IDENTIFICATION as exhibit «
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`_______________________________
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`ADMITTED INTO EVIDENCE as exhibit #
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`ADMITTED INTO EVIDENCE as exhibit #
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`
`
`This date:
`
`By
`
`JUDGE
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`with objection without objection
`
`
`
`with objection without objection
`
`
`
`This date:
`
`By:
`
`JUDGE
`
`IN THE CIRCUIT COURT OF THE FIFTEENTH
`JUDICIAL CIRCUIT, IN AND FOR PALM
`BEACH COUNTY. FLORIDA,
`Division AW
`
`IN THE CIRCUIT COURT OF THE FIFTEENTH
`JUDICIAL CIRCUIT, IN AND FOR PALM
`BEACH COUNTY, FLORIDA,
`Division AW
`
`Case No,:
`Plaintiff:
`Defendant:
`
`Case No:
`Plaintiff:
`Defendant:
`
`Filed by the PLAINTIFF
`DEFENDANT
`COURT
`
`IDENTIFICATION as exhibit U
`
`Filed by the-
`
`PLAINTIFF
`DEFENDANT
`COURT
`
`IDENTIFICATION as exhibit #
`
`ADMITTED INTO EVIDENCE as exhibit #
`
`ADMITTED INTO EVIDENCE as exhibit it
`
`
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`with objection without objection
`
`
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`with objection without objection
`
`This date:
`
`By.
`
`JUDGE
`
`This date:
`
`
`
`By:_____ __________________________________________________
`JUDGE
`
`IN THE CIRCUIT COURT OF THE FIFTEENTH
`JUDICIAL CIRCUIT. IN AND FOR PALM
`BEACH COUNTY, FLORIDA,
`Division AW
`
`IN THE CIRCUIT COURT OF THE FIFTEENTH
`JUDICIAL CIRCUIT, IN AND FOR PALM
`BEACH COUNTY, FLORIDA.
`Division AW
`
`This date:
`
`By
`
`JUDGE
`
`Case No.:
`Plaintiff
`Defendant:
`
`NOT A CERTIFIED COPY
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`

`

`CASE NO: 50-2012-CA-013487-XXXX-MB
`
`CERTIFICATE OF SERVICE
`
`I HEREBY CERTIFY that a true and exact copy of the foregoing was furnished by U.S.
`
`Eric Kovacs
`5220 SE 106th Lane,
`Belleview, FL 34420
`
`MidFirst Bank
`501 NW Grand Blvd.
`Oklahoma City, OK 73118
`
`Kimberly at Boca Land Association, Inc.
`Registered Agent - Cooper, Marshall J
`4040 N 44th AVE.
`Hollywood, FL
`
`Scott Stoloff, Esq.
`Law Office of Dicker, Krivok & Stoloff, P. A.
`1818 Australian Avenue South, Suite 400
`West Palm Beach, FL 33409
`Attorney for Southwind Lakes Homeowner's Association, Inc.
`,
`rr@dsklaw.net
`
`NOT A CERTIFIED COPY
`
`Joaquin. XfiBarinas, Esq/
`Florida fear No. 0043/51
`Lender LegaJ-Sefvices, LLC
`201 East Pine Street, Suite 730
`Orlando, Florida 32801
`Tel: (407) 730-4644
`Fax: (888) 337-3815
`Attorney for Plaintiff
`
`Service Emails:
`ibarinas@lenderlegal.com
`EService@LenderLegal.com
`
`LLS01468-Kovacs, Eric | 9667 Oregon Rd., Palm Beach, FL | 7000036290
`2
`
`