Filing# 131389186 E-Filed 07/26/2021 01:02:32 PM

IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT

IN AND FOR PALM BEACH COUNTY, FLORIDA

CIRCUIT CIVIL DMSION: AI

CASE NO.: 50-2017-CA-004532-XXXX-MB

THE OAKS AT BOCA RATON PROPERTY OWNERS ASSOCIATION INC,

Plaintiff/Petitioner

vs.

LAURENCE S. SCHNEIDER,
STEPHANIE L. SCHNEIDER,
et al.,
Defendant/Respondents.
- - - - - - - - - - - - - - - -I
ORDER SETTING RESIDENTIAL FORECLOSURE NON-JURY TRIAL
AND DIRECTING PRETRIAL PROCEDURES

I. SCHEDULING
This action is set for non-jury trial and will be heard by a Senior Judge. YOU WILL
APPEAR AT 01:30 PM ON September 29, 2021, IN COURTROOM 4A, PALM
BEACH COUNTY COURTHOUSE, 205 N. DIXIE HIGHWAY, WEST PALM
BEACH, FL33401, FLORIDA for the non-jury trial. (30 Minutes are reserved). It is
the Judge's intent to complete the trial on the date certain listed above. If the trial cannot be
heard on that date, the trial period will run for 20 consecutive days (weekend and holidays
excluded) beginning with the trial date specified above. The parties will 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 4th floor outside of
courtroom 4A to confirm courtroom assignment. Failure of Plaintiff's counsel to
appear may result in dismissal of the case.

II. 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-
srjdtrials@pbcgov.org and file with the Clerk in writing of any change in the time
requested. If the parties disagree regarding the amount of trial time needed, each party will
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
the nature of the disagreement. Such requests will be considered in advance of the time of
trial.
All counsel or self-represented litigants will review the service list in or attached to

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[DE 120]

FILED: PALM BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK, 07/26/2021 01 :02:32 PM
Case No.50-2017-CA-004532-XXXX-MB

this order and advise the Court in writing via email at CAD-srjdtrials@pbcgov.org of any
additions to the service list.

III. PRETRIAL MOTIONS AND MOTIONS WHICH REQUIRE RESCHEDULING

OR CANCELATION OF TRIAL

A. 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 will be heard on the day of trial.

B. MOTIONS TO CONTINUE TRIAL. All motions to Continue Trial, Strike Trial

Date, to Reschedule Trial, and any other Motions which affect the scheduling o f 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 Uniform Motion Calendar. They are to
be heard by the Judge in the Division in which the case is assigned. No such
motions will be heard by the Senior Judges on the day of trial.

IV. UNIFORM PRETRIAL PROCEDURE

A. The parties will exchange lists of all trial exhibits , names, and addresses of all trial
witnesses, names, addresses of all expert witnesses and names, and addresses of
all rebuttal witnesses.

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

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

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

will be strictly limited to exhibits, 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 B will 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.

D. DISCOVERY. All discovery must be completed no later than ten (10) days before
the date set for trial.

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Case No.50-2017-CA-004532-XXXX-MB

E. PRE-TRIAL CONFERENCE. All attorneys will be thoroughly familiar with the

case and prepared to consider and determine immediately prior to trial such matters
as are set forth in Rule 1200, Fla. R. Civ.P.(2012). Accordingly, this notice also
constitutes your notice of pretrial and case management conference.

F. 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.

G. STIPULATIONS. All stipulations will be in writing. The Court may agree to the
parties' stipulation, except to the extent that the stipulation may interfere with the
Court's scheduling of the matterfortrialorhinderthe orderly progress of the trial.

H. PREMARKING EXHIBITS. Prior to trial, each party will mark for identification all
exhibits (pursuant to the guidelines and template attached).

I. DEPOSITION DESIGNATIONS. Prior to trial, each party will serve his, her, or its
designation of depositions, or portions of depositio ns , each intends to offer as
testimony in his, her, or its case in chief. Prior to trial, each opposing party will
serve his, her, or its counter (or "fairness ") de signations to portions of depositions
designated, together with objections to the depositions, or portions thereof,
originally designated. Prior to trial, each party will serve his, her, or its objections to
counter designations served by an opposing party.

J. ORIGINAL DOCUMENTS. he 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 o~iginal note is in the court file, please email CAD-
srjdtrials@pbcgov.org five (5) days prior to trial to request the file. (See
Administrative @rder 3.311-4/12 regarding disposal of foreclosure trial exhibits.)

K. FINAL JUDGMENT AND FINAL DISPOSITION FORM. Counsel will bring to

trial stamped, self-addressed envelopes for all parties on the service list not
registered fore-service and a proposed Final Judgment with sufficient copies for
service. The content of the proposed Final Judgment will include a reservation of
jurisdiction and will be consistent with Administrative Order 3.304-3/12 (as
amended). Counsel will also provide a completed Final Disposition Form (Form
1.998).

L. WHEN STANDING IS RAISED AS A DEFENSE. In any case in which standing is

raised as a defense, defense counsel will prepare, and prior to trial will provide to
the 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.) will be attached to the chart. A copy of the same will be provided to
the Judge on the day of the trial.

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Case No.50-2017-CA-004532-XXXX-MB

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.

DONE AND ORDERED in West Palm Beach, Palm Beach County, Florida, this 26th
day of July, 2021.

50-2017-CA-004532-XXXX-1-ffi 07/26/2021
Roger B. Colton
Senior Judge

COPIES TO:

VUTH UN, ESQ. SACHS SAX CAPLAN vun@ssclawfinn.com

6111 BROKEN SOUND fo reclosures@ssclawfinn.com
PARKWAY NW, SUITE 200 crestivo@ssclawfinn.com
BOCA RATON, E 33487
LAURENCE SCHNEIDER 17685 CIRCLE P OND larry@sacapitalpartners.com
COURT jordyn.schneider1998@gmail.co
BOCA RATON, FL 33496 m
LAURENCE SCHNEIDER 17685 CIRCLE POND
OOURT
BOCA RATON, FL 33496
STEPHANIE L. 17685 CIRCLE POND
SCHNEIDER COURT
BOCA RATON, FL 33496
STEPHANIE SCHNEIDER 17685 CIRCLE POND steffschneider13@gmail.com
COURT jordyn.schneider1998@gmail.co
BOCA RATON, FL 33496 m

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Case No.50-2017-CA-004532-XXXX-MB

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 minusvalida que necesita algun

acomodamiento para poder participar en este procedimiento, usted tiene
derecho, sin tener gastos propios, a que se le provea cier ta ayuda. Tenga la
amabilidad de ponerse en contacto con Tammy Anton, 205 N. Dixie
Highway, West Palm Beach, Florida 33401; telefono ntimero (561) 355-
4380, por lo me nos 7 dias antes de la cita fij ada para su comparecencia en
los tribunales, o inmediatamente despu es d,e recibir esta notificacion si el
tiempo antes de la comparecencia q ue 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 laj an pou w peye,
gen pwovizyon pou jwen kek ed. Tanpri kontakte Tammy Anton,
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 Ii se (561) 355-4380 nan 7 jou anvan dat ou gen randevou
pou paret nan tribinal la, ou byen imedyatman apre ou fin resevwa
konvokasyon an si le ou gen pou w paret nan tribinal la mwens ke 7 j ou; si
ou gen pwoblem pou w tande oubyen pale, rele 711."

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Case No.50-2017-CA-004532-XXXX-MB

PRE-MARKING EXHIBITS
Parties shall pre-mark all exhibits prior to trial.
The label should be affixed to the back of each exhibit
or to the back of the last page ifit is a composite exhibit
and contains several pages. The blank templates with
the division, Plaintiff; Defendant, date of the trial, case
number, and other identifying information prefilled in will
be brought to the trial. Tape should be used to adhere
them to the back if not using the adhesive labels (no
staples).

IN THE CIRCUIT COURT OF THE FIFTEENTH

WDICIALCIRCUIT, IN ANDFORPALM
BEACH COUNTY, FLORIDA,
Division: Case No.: 50-2017-CA-004532-XXXX-
MB
Plaintiff:
Defendant:

Filed by the: PLAINTIFF [] DEFENDANT []

COURT[]
IDENTIFICATION as exhibit# _ _ _ _ _ _ __
ADMITTED INTO EVIDENCE as exhibit#

_ _ _ with objection _ _ _ without objection

This date:
By:
SENIOR JUDGE

IN THE CIRCUIT COURT OF THE FIFTEENTH

WDICIALCIRCUIT, IN ANDFORPALM
BEACH COUNTY, FLORIDA,
Division: Case No.: 50-2017-CA-0 04532 -XXXX-
MB
Plaintiff:
Defendant:

Filed by the : PLAINTIFF [] DEFENDANT[]

COURT[]
IDENTIFIC ATION as exhibit# _ _ _ _ _ _ __
ADMITTED INTO EVIDENCE as exhibit#

_ _ _ with objection _ _ _ without objection

This date:
By:
SENIOR JUDGE

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NOTICE REGARDING FORECLOSURE TRIALS SET SEPTEMBER 29, 2021
BEFORE SENIOR JUDGE ROGER COLTON

You are receiving this notice because you have a Foreclosure Trial set before Judge Roger
Colton on SEPTEMBER 29, 2021. Please read the following notice carefully.

The Courthouse is reopened for non-essential hearings, the parties are expected to be present
and follow any social distancing requirements.

All evidence must be pre-marked and originals submitted with any responses and pa pers
upon which the parties intend to rely for their scheduled hearings.

1. A complete copy must be sent to all parties in the case either electron ically or by U.S.
mail.
2. Complete copies must include a table of Exhibits
3. Counsel must confer with opposing counsel to determine what exhibits are stipulated
and what evidentiary objections each side is maintaining and avoid duplicate exhibits.
4. Provide your witnesses with exhibits prior to the hearing.
5. The Pre-marked Evidence/Hearing Notebooks and/or Final Judgment package must be
SUBMITTED IN OPEN COURT.

If the hearing will result in the entering of a final judgment of foreclosure,

the packet shall be submitted in the order:

1. Motion or Notice for Tria l

2. Foreclosure Checklist (can be found at https://15thcircuit.com/services/foreclosure) include
an attachment of adding machine tape)
3. Payment History
4. Affidavit of Indebtedness (including loan payment history)
5. Affidavit of Attorneys' Fees
6. Affidavit of Costs
7. Opposing Affidavits (if any) [see FRCP 1.510]
8. Original Note and Mortgage with a Notice of Filing as cover sheet (see directions below
if already filed with the Clerk's office)
9. Updated Final Disposition Form - Florida Rules of Civil Procedure Form 1.998 (updated
1/1/2020)
10. Final Judgment (format to comply with the requirements for recorded documents with 3
x 3 space and Florida Rules of Civil Procedure Form 1.996)
11. Four sets of self-addressed and stamped envelopes with return address: Clerk &
Comptroller, Palm Beach County, P.O. Box 4667, West Palm Beach, Florida 33402-4667

Original Promissory Notes and Mortgages - If the original note (and mortgage) is in the Court
file, please email CAD-SRJDTrials@pbcgov.org by SEPTEMBER 22, 2021 to notify the Court that
the Originals are in the court file. Case management will request the Clerk to send the file to

1
the Judge. See also Administrative Order 3.311-04/12 regarding disposal of foreclosure trial
exhibits.

Agreed Orders disposing of the Motion should be submitted timely to CAD-

SRJDTrials@pbcgov.org. Agreed Orders to continue will not be entered by the presiding judge.

Motions for Continuance -Any Motions for Continuance should be heard by the divisional
Judge prior to the date of the hearing. An Order is required to remove a case from the docket. If
a matter is continued, please email a copy of the Order canceling the trial or special set hearing
to CAD-SRJDTrials@pbcgov.org. The moving party is responsible for ensuring that the order is
entered by the divisional judge and a copy provided to the presiding judge via the email
above.

Please continue to check the 15th Circuit's website for updates at

https://15thcircuit.com/services/foreclosure.