UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
Plaintiff,
v. Case No: 5:
Defendant.
CASE MANAGEMENT AND SCHEDULING ORDER
In this consent case (Docs. ), the Court has considered the Case Management Report
filed by the parties (Doc. ), and having considered the positions of the parties, it is ORDERED
that:
1. The parties are directed to meet the agreed upon terms and time limits in the
parties' Case Management Report, with the exception that the following dates
shall govern 1:
Motion to Add Parties and Amend Pleadings
Disclosure of Expert Reports (Note: should be about a
Plaintiff: month before discovery
Defendant: deadline)
Discovery Deadline:
Mediation
Deadline:
Mediator:
Address:
Dispositive and Daubert Motions:
Motions In Limine: (Note: should be about 4
(Multiple motions in limine are disfavored; thus, efforts should be weeks before trial)
made to consolidate requests into one document.)
1
The Parties are also directed to meet the pretrial disclosure requirements and deadlines in Fed. R. Civ. P.
26(a)(3).
Joint Final Pretrial Statement due to Court: (Note: set at 7 days
before pretrial conf. – so
3 weeks before trial)
Final Pretrial Conference (Note: set 2 weeks
Date: before trial)
Time:
Trial
Estimated Length of Trial
Jury/Non Jury
2. Amendments and extensions: Motions to amend any pleading or to continue any
pretrial conference, hearing, or trial filed after issuance of this Case Management
and Scheduling Order are disfavored. Any motion filed must be consistent with the
requirements set forth in Fed. R. Civ. P. 16(b)(4).
3. Discovery matters: With respect to discovery matters, the date set forth above is
the final date that discovery shall be completed. All requests and motions
pertaining to discovery shall be filed promptly so that the discovery desired will be
due prior to the completion date. 2 Specifically, motions to compel brought
pursuant to Rule 37 must be filed no later than the close of discovery. The parties
should be aware that a stipulation to the continuance of discovery anticipates no
discovery disputes. Thus, the Court will generally not hear discovery disputes
arising during the stipulated continuance. The parties are further advised that any
extension of discovery will not result in an extension of the dispositive motion
filing deadline or other pretrial or trial dates except upon order of the Court.
4. Mediation: This case is hereby referred to mediation pursuant to Chapter Four of
the Local Rules for the Middle District of Florida.
[If mediator, date/time selected:] Specifically, this case is referred to the mediator
listed above and mediation shall be completed by the deadline set forth above.
[If mediator, date/time need to be selected:] Counsel for Plaintiff is designated as
lead counsel to be responsible for coordinating a mutually agreeable mediator and
mediation date and for filing a notice advising the Court of the mediator and date
selected for mediation. If Plaintiff is proceeding pro se, counsel for Defendant shall
undertake the responsibility for coordinating a mutually agreeable mediator and
mediation date and for filing the notice. The mediation conference shall be
completed by the date set forth above. The notice shall be filed within 21 days
from the date of this Order.
2
The parties are reminded of their obligation to comply with the redaction requirements set forth in Fed.
R. Civ. P. 5.2.
2
Absent agreement otherwise by the parties or order of the Court, the cost of the
mediator’s services shall be borne equally by the parties.
5. Meeting of counsel: As a pretrial conference is scheduled in this case, counsel for
all parties shall meet and confer to discuss those items listed in Local Rule 3.06 and
to prepare a pretrial statement in accordance with Local Rule 3.06. This meeting
shall occur no later than fourteen days before the date of the final pretrial
conference. 3
6. Pretrial Statement: A pretrial statement in full and complete compliance with
Local Rule 3.06 shall be filed with the Clerk on or before the date noted in this
Order.
7. Courthouse: The pretrial conference and trial will be held in the United States
Courthouse, Golden-Collum Memorial Federal Building & U.S. Courthouse, 207
N.W. Second Street, Ocala, Florida 34475. The pretrial conference shall be
attended by counsel who will act as lead counsel.
8. Trial filings:
a. Trial Brief: No later than seven days before the trial date set forth above,
to the extent necessary, each side may file a trial brief, not exceeding ten
pages, with citations to authorities and arguments specifically addressing
those issues (if any) raised in the pretrial statement and any other significant
disputed issues of law likely to arise at trial.
b. Jury trial: No later than seven days before the trial date set forth above,
the parties shall file the following items.
i. A concise (preferably one paragraph) joint or stipulated statement
of the nature of the action to be used solely for the purpose of
providing a basic explanation of the case to the jury venire at the
commencement of jury selection process.
ii. Proposed Voir Dire. Notably, the Court will conduct the jury voir dire
and, in addition to the usual more general questions, will, without
initiation by counsel, ask more particular questions suggested by the
3
While counsel for Plaintiff shall be responsible for initiating the pretrial compliance process, all parties
are responsible for assuring its timely completion. Further, so that the intended purposes of the pretrial
procedures are accomplished, all meetings of counsel, including the pretrial conference, shall be attended
by counsel who will participate in the trial of the case and is vested with full authority to make and solicit
disclosures and agreements touching on all matters pertaining to the trial.
3
nature of the case. Counsel should, therefore, be selective in the jury
questions submitted to the Court for consideration.
i. A complete set of all written Proposed Jury Instructions and a
Proposed Verdict Form. The Court will expect counsel to give their
best efforts, cooperatively, in the production of a joint set of
instructions and verdict form, the format of which the Court will
discuss at the pretrial conference. Preference shall be given to the
Eleventh Circuit Pattern Jury Instructions. In addition, counsel
must email the proposed jury instructions and verdict forms in
Microsoft Word® format to the chamber’s email. Include the case
number and case name in the email subject line.
c. Bench trial: The parties should anticipate that they will be required to
submit, within 21 to 30 days after the conclusion of the bench trial,
Proposed Findings of Fact and Conclusions of Law. When they do s, each
shall be separately stated in numbered paragraphs and Findings of Fact
shall contain a detailed listing of the relevant material facts the party has
established, in a simple, narrative form; and the Conclusions of Law shall
contain a full exposition of the legal theories relied upon by counsel. The
proposed Findings of Fact and Conclusions of Law must be filed with the
Court and also emailed to the chamber’s email in Microsoft Word® format.
9. Witnesses: The parties are advised (and should advise their witnesses) that photo
identification is required to enter the United States Courthouse and cell phones,
blackberries, handheld tablet devices (e.g., iPads), and laptop computers are
prohibited in the building (unless otherwise ordered by the Court).
10. Scope of Order: In the event that the dates set herein for final pretrial conference
and/or trial are continued or otherwise modified, the remaining provisions of this
Order shall remain in full force and effect.
11. Settlement: Counsel shall immediately notify the Court upon settlement of any
case. The parties shall notify the Court of any settlement or other disposition of the
case which will eliminate the need for a jury by 11:30 a.m. on the last business day
before the date scheduled for jury selection. Failure to do so will subject each party
to joint and several liability for jury costs. Regardless of the status of settlement
negotiations, the parties shall appear for all scheduled hearings, including the Final
Pretrial Conference and for trial absent the filing of a stipulation of dismissal signed
by all parties who have appeared in the action (or notice of dismissal if prior to
answer and motion for summary judgment). Fed. R. Civ. P. 41(a).
12. THE COURT HAS DONE EVERYTHING POSSIBLE TO SET
APPROPRIATE DEADLINES FOR THIS CASE. THE PARTIES SHOULD
PROCEED ACCORDINGLY. DO NOT ASSUME THAT THE COURT
WILL EXTEND THESE DEADLINES.
4
DONE and ORDERED in Ocala, Florida on DATE.
Copies to:
All Counsel
Courtroom Deputy
5
