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Claim No: CFI 059/2020

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

IN THE COURT OF FIRST INSTANCE

BETWEEN

FIX SENSE MANAGEMENT LLC

Claimant

and

(1) SUNSET HOSPITALITY HOLDINGS LIMITED
(2) SUNSET HOSPITALITY GROUP HOLDINGS LIMITED

Defendants

CASE MANAGEMENT ORDER OF JUDICIAL OFFICER MAHA AL MEHAIRI

UPON reviewing the Court file

AND UPON reading the Case Management Bundle

AND UPON reviewing the Rules of the DIFC Courts (“RDC”)

AND UPON hearing Counsel for the Claimant and Counsel for the Defendants at the Case Management Conference held before Judicial Officer Maha Al Mehairi on 30 November 2020

IT IS HEREBY ORDERED THAT:

PRODUCTION OF DOCUMENTS (RDC PART 28)

1. Standard production of documents shall be made by each party by no later than 4pm on 17 December 2020.

2. If required, the parties may file and serve a Request to Produce, if any, by no later than 4pm on 11 January 2021.

3. Objections to Requests to Produce, if any, shall be filed and served within 14 days thereafter and in any event by no later than 4pm on 18 January 2021.

4. Where objections to any Requests to Produce have been made, the Court shall determine those objections and shall make any disclosure order within the following 14 days and in any event by no later than 1 February 2021.

5. The parties shall comply with the terms of any Disclosure Order and file a Document Production Statement within 14 days thereafter and in any event by no later than 4pm on 15 February 2021.

6. Where there are no objections to a particular Request contained in a Request to Produce, documents responsive to that request shall be produced within 21 days from the date of the Request to Produce, and in any event by no later than 4pm on 25 January 2021.

Order for Justice by Reconciliation (RDC Part 27)

7. Both Parties agree that a stay of proceedings for reconciliation is not appropriate in this proceeding

Witness Statements (RDC Part 29)

8. Witness Statements in support of the Claimant’s case shall be submitted by no later than 4pm on 8 March 2021 and Witness Statements in support of the Defendants case shall be submitted by no later than 4pm on 15 March 2021.

9. Unless otherwise ordered, Witness Statements shall stand as evidence in chief of the witness at trial.

Expert Reports (RDC Part 31)

10. The Parties agree that expert reports, or a Court Expert Assessor, are not appropriate in this proceeding

Progress Monitoring Date (RDC Part 26)

11. The Progress Monitoring Date shall be listed at 11am on the first available date after 15 March 2021.

12. The parties shall file and serve a Progress Monitoring Information Sheet at least three clear days before progress monitoring date.

Trial Bundles (RDC Part 35)

15. Agreed trial bundles shall be filed and served no later than 2 weeks before trial.

Reading List and Trial Timetable (RDC Part 35)

16. An agreed reading list for trial along with an estimate of time required for reading and an estimated timetable for trial shall be filed with the Court by the Claimant no later than two clear days before trial.

Skeleton Argument and Chronology (RDC Part 35)

17. Skeleton Arguments and Written Opening Statements shall be filed and served simultaneously by both parties two clear days before the start of trial

18. The parties shall prepare an agreed Chronology of significant events cross-referenced to significant documents, pleadings and witness statements which shall be filed with the Court by the Claimant by no later than two clear days before trial. In the event that there are areas of disagreement, the Chronology shall include an agreed Chronology and a Chronology of events which are disputed, with the parties’ respective positions outlined therein.

Trial (RDC Part 35)

19. The trial of this matter shall be listed at 11am on the first available date in May 2021 with an estimated duration of 2 days. The parties shall provide the Registry with their availability for trial by 21 December 2020.

20. Costs of the Case Management Conference shall be costs in the case.

21. The parties shall have liberty to apply.

Issued by:
Nour Hineidi
Registrar
Date of issue: 6 December 2020
At: 1pm