UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

WEST PALM BEACH DIVISION 

www.flsb.uscourts.gov

In re: 

 

CHANCE & ANTHEM, LLC, Case No. 18-16248-BKC-MAM 

 Chapter 7 

 Debtor. 

 / 

ROBERT C. FURR not individually but ADV. PROC. NO. 22-01032-MAM 

as Chapter 7 Trustee of the estate of the 

Substantively Consolidated Debtors, 

Chance & Anthem, LLC, Sovereign 

Gaming & Entertainment, LLC, 

Florida’s Association of Community 

Banks and Credit Unions, Inc., and 

Sympatico Equine Rescue, Inc., 

 Plaintiff, 

v. 

GEORGE MALER and 

JERI MALER, 

 Defendants. 

 / 

Mindy A. Mora, Judge

United States Bankruptcy Court

_____________________________________________________________________________

ORDERED in the Southern District of Florida on April 15, 2022.

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ORDER SETTING FILING AND DISCLOSURE 

REQUIREMENTS FOR PRETRIAL AND TRIAL 

To expedite and facilitate the trial of this adversary proceeding, it is ORDERED, as follows: 

1. ATTENDANCE AT PRETRIAL CONFERENCE. Unless judgment has been entered 

or the Court advises the parties that the pretrial conference has been continued or 

canceled, counsel for all parties (or the parties themselves, if unrepresented) must appear 

at the pretrial conference. 

2. PRETRIAL CONFERENCE DATE AND TRIAL DATE. The pretrial conference will 

be held at: 

Date: December 14, 2022 

Time: 10:00 a.m. 

 Location: United States Bankruptcy Court 

 Flagler Waterview Building 

 1515 North Flagler Drive 

 8th Floor, Courtroom A 

 West Palm Beach, Florida 33401 

Although the Court will conduct the hearing in person, any interested party may choose 

to attend the hearing remotely using the services of Zoom Video Communications, Inc. 

(“Zoom”), which permits remote participation by video or by telephone. To participate in 

the hearing remotely via Zoom (whether by video or by telephone), you must register in 

advance no later than 3:00 p.m., one business day before the date of the hearing. To 

register, click on or enter the following registration link in a browser: 

 https://www.zoomgov.com/meeting/register/vJItdumqrzstGdoBW4nz6tq3IJmn8ydPxj4

If a party is unable to register online, please call contact Maria Romaguera, Courtroom 

Deputy, at 561-614-4109 or email Maria_Romaguera@flsb.uscourts.gov. All participants 

(whether attending in person or remotely) must observe the formalities of the courtroom, 

exercise civility, and otherwise conduct themselves in a manner consistent with the dignity 

of the Court. This includes appropriate courtroom attire for those participants appearing in 

person or by video. 

At the pretrial conference, the Court will set the trial of this adversary proceeding. 

3. CONTINUANCES. Continuances of the pretrial conference or trial or any deadlines set 

forth in this order must be requested by written motion. Any request for continuance or 

amendment to this order must set forth the status of discovery, including exchange of 

disclosures required under this order, must state the reasons why the party or parties seek 

a continuance, and must state whether the client and other parties consent to a 

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continuance. The stipulation of all parties is not sufficient grounds, standing alone, for a 

continuance. 

4. DEADLINE FOR DISPOSITIVE MOTIONS. The deadline for filing motions for 

judgment on the pleadings or motions for summary judgment is 14 days before the 

pretrial conference. Absent good cause, failure to file and serve such a motion in a timely 

manner constitutes waiver of the right to do so. All dispositive motions, responses, and 

replies must comply with the page limits set forth in the Scheduling Order. Any motion 

for summary judgment must also comply with Local Rule 7056−1, if applicable. 

5. DISCLOSURES. The disclosures required by Rules 26(a)(1), 26(a)(2), and 26(a)(3)(A), 

Fed. R. Civ. P. must be made by the following deadlines: 

a. The initial disclosures required by Rule 26(a)(1), Fed. R. Civ. P., must be made not 

later than June 17, 2022. 

b. The disclosures of expert testimony under Rule 26(a)(2), Fed. R. Civ. P., must be 

made by (i) September 16, 2022 and (ii) within 14 days after an opposing party’s 

disclosure of evidence that gives rise to the need for the expert, whichever is later. 

The party disclosing an expert witness must, within 14 days* of the disclosure, 

provide to each opposing party a written report prepared and signed by the witness as 

required by Rule 26(a)(2)(B), Fed. R. Civ. P. 

c. The pretrial disclosures under Rule 26(a)(3)(A), Fed. R. Civ. P., must be made no 

later than one business day before the pretrial conference. 

d. All disclosures under Rules 26(a)(1), 26(a)(2), and 26(a)(3)(A), Fed. R. Civ. P., must 

be made in writing, signed, served, and, except for copies of exhibits and expert 

witness reports, be filed with the Court. 

6. SUMMARIES TO PROVE CONTENT. If any party intends to offer in evidence at 

trial a summary, chart or calculation to prove content as permitted by Federal Rule of 

Evidence 1006, that party must provide to the other parties a notice of the location(s) of 

the books, records, and the like, from which each summary has been made, and the 

reasonable times when they may be inspected and copied by adverse parties, as soon as 

practicable but in no event later than seven days before the pretrial conference. 

7. DISCOVERY. The parties must complete discovery not later than November 28, 2022, 

except that any previously scheduled depositions may be completed up to one business 

day before the pretrial conference. The Court will allow discovery after the pretrial 

conference only upon a showing of good cause. 

8. JOINT PRETRIAL STIPULATION WHERE ALL PARTIES REPRESENTED BY 

COUNSEL. If any party is not represented by counsel in this proceeding as of the date of 

entry of this Order, this paragraph will not apply. All parties to this proceeding must meet 

(in person, if geographically feasible, and otherwise by video conference or by telephone) 

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not later than 14 days before the pretrial conference to confer on the preparation of a 

Joint Pretrial Stipulation in substantially the form of Local Form 63C. The plaintiff must 

file the fully executed Joint Pretrial Stipulation no later than one business day before the 

pretrial conference. The Court will not accept unilateral statements and will strike sua 

sponte any such submissions. Should any of the parties fail to cooperate in the 

preparation of the Joint Pretrial Stipulation, any other party may file a motion requesting 

an order to show cause why such party or parties (and/or their counsel) should not be held 

in contempt and sanctioned for failure to comply with this order. 

9. SUBMISSION AND EXCHANGE OF EXHIBITS. 

a. SUBMISSION AND EXCHANGE OF EXHIBITS. All exhibits must be submitted 

and exchanged pursuant to the requirements of Local Rule 9070-1. 

b. OBJECTIONS TO EXHIBITS. Any objection to the admissibility of any proposed 

exhibit must be filed and served, so as to be received no later than 4:00 p.m. two 

business days before trial. Objections to any deposition transcripts, including a 

recording (audio or video) or summary thereof, must follow the procedure specified 

in this paragraph: 

(1) The objection must: (a) identify the exhibit, (b) state the grounds for the 

objection, and (c) provide citations to case law and other authority in support of 

the objection. 

(2) An objection not so made − except for one under Federal Rule of Evidence 402 

or 403 − is waived unless excused by the Court for good cause. 

(3) All parties must comply with the requirements regarding exhibits set forth in 

Local Rule 9070-1. 

10. EXHIBITS TO BE USED DURING TRIAL. The parties are strongly encouraged to 

use the Court’s information technology equipment to show exhibits at trial. The parties 

are further encouraged to contact the courtroom deputy in advance of the trial for access 

to the equipment to ensure counsel can properly use the equipment at trial. Unless 

otherwise ordered, each party must bring at least one paper copy of its exhibit register for 

the Court’s use, and at least two hard-copy books of all its exhibits, for witnesses and the 

Court. 

11. FINAL ARGUMENT. At the conclusion of the trial, in lieu of final argument, the Court 

may request that each party file with the Court (a) a written closing statement with 

supporting legal argument or (b) a proposed memorandum opinion with findings of fact 

and conclusions of law with a separate proposed final judgment. Each submission must 

contain individually numbered paragraphs and follow the formatting requirements set 

forth in Part Two of the Court’s Guidelines for Preparing, Submitting, and Serving 

Orders. Each proposed finding of fact must be supported by a citation to the record, or it 

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will be disregarded. Each proposed conclusion of law must be supported by a citation to 

applicable law, or it will be disregarded. Absent prior permission of the Court, 

submissions may not exceed a total of twenty pages. If specifically requested, the Court 

may also direct the parties to submit a copy of the proposed memorandum opinion with 

findings of fact and conclusions of law, along with a copy of the separate proposed final 

judgment, in word processing format to an electronic mailbox designated by the Court. 

The filer must include in the “subject” line of the email the case name and number and 

the date of the relevant hearing. 

12. FAILURE TO ATTEND PRETRIAL CONFERENCE; SANCTIONS. Failure to 

comply with any provision of this order or failure to appear at the pretrial conference may 

result in appropriate sanctions, including the award of attorney’s fees, striking of 

pleadings, dismissal of the action, or entry of default judgment. 

13. SERVICE. Plaintiff(’s)(s’) counsel must serve a copy of this Order on the defendant(s) 

and file an appropriate certificate of service in accordance with Local Rule 5005-1(G)(2). 

# # # 

Submitted by: 

Barry P. Gruher, Esq. 

Maxine K. Streeter, Esq. 

Genovese Joblove & Battista, P.A. 

Counsel to Chapter 7 Trustee/Plaintiff 

200 E. Broward Blvd., Suite 1110 

Fort Lauderdale, FL 33301 

Telephone: (954) 453-8000 

Facsimile: (954) 453-8010 

Email: bgruher@gjb-law.com

Copy to: Barry P. Gruher, Esq. 

[Attorney Gruher is directed to serve a conformed copy of this Order on all parties in interest and 

file a certificate of service within 3 days of entry of this Order.]

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