United States District Court
for the
Southern District of Florida
__________________, Plaintiff )
)
v. Civil Action No. 15-________-Civ-Scola
)
__________________, Defendants )
Order Requiring Discovery And Scheduling Conference And
Order Referring Discovery Matters To The Magistrate Judge
THIS MATTER is before the Court upon an independent review of the
record. It is ordered and adjudged as follows:
1. The Plaintiff must forward a copy of this Order to every Defendant
immediately upon the filing of a response to the complaint by a Defendant in
this case. If a Defendant has removed this action from state court, the
removing Defendant must immediately forward a copy of this Order to every
party who has made an appearance in the state court action. Any party with a
pending motion in the state-court action must separately refile the motion in
this Court or the Court will not consider the motion.
2. Within 21 days of the filing of a response to the complaint by a
Defendant in this matter, the parties must meet and confer regarding discovery
and scheduling issues, as set out in Federal Rule of Civil Procedure 26(f) and
Local Rule 16.1(b). If this case was removed from state court, the parties’
discovery and scheduling conference must occur within 21 days of this Order.
3. Within 14 days of the parties’ discovery and scheduling conference, the
parties must file a joint discovery plan and conference report, as set forth in
Federal Rule of Civil Procedure 26(f)(3) and Local Rule 16.1(b)(2). The parties
should note that Federal Rule of Civil Procedure 26(f)(3)(B) and Local Rule
16.1(b)(C) requires the joint discovery plan and conference report to state the
parties’ proposed time limit to complete discovery.
4. The parties do not need to submit a joint proposed scheduling order
pursuant to Local Rule 16.1(b)(3). Instead, the parties must inform the Court,
in their discovery plan and conference report, which case track they believe
this case should be assigned pursuant to Local Rule 16.1(a) and the proposed
time limit to complete discovery. In reporting this information, the parties
should refer to the scheduling timelines set forth in Attachments “A” and “B” to
this Order. Attachment “A” should be used if the parties believe the case is
straight-forward and may benefit from an expedited scheduling track. In most
other cases, the standard scheduling track in Attachment “B” should be used.
If the parties believe that this case is uniquely complex and requires more time
the parties must set out the reasons justifying a more protracted schedule
along with a proposed schedule of trial and pretrial deadlines.
5. Magistrate Judge Referral. By virtue of 28 U.S.C. § 636 and the
Magistrate Rules of the Local Rules of the Southern District of Florida, the
Court refers all discovery motions in this case to Magistrate Judge Alicia M.
Otazo-Reyes to take all necessary and proper action as required by law.
6. Settlement Conference Before Magistrate Judge. The parties may, at any
time, file a motion requesting a settlement conference before Magistrate Judge
Alicia M. Otazo-Reyes. The Court encourages the parties to consider a
confidential settlement conference with Judge Otazo-Reyes, especially if the
parties believe there is a meaningful chance of reaching an early, amicable
resolution of their dispute.
7. Discovery Motion Procedures. Discovery motions (which must contain
the Local Rule 7.1(a)(3) certification of good-faith conference) will be handled on
an expedited briefing schedule and with a shortened page limitation, to
prevent delay to the pretrial schedule. The parties must file responses and
replies to discovery motions no later than seven days after a motion, or
response, is filed. These deadlines are inclusive of the “mailing” days allotted
by the Federal and Local Rules. Any contrary deadlines that may appear on
the Court’s docket or the attorneys’ deadline report, generated by CM/ECF,
cannot modify this Order.
Any discovery motion and response, including the incorporated
memorandum of law, may not exceed 10 pages. Any reply memoranda may not
exceed five pages. Also, the parties should note that Federal Rule of Civil
Procedure 29 permits parties to stipulate to extend the time for responding to
interrogatories, requests for production, or requests for admissions, unless
such extension would interfere with the deadline set for completing discovery,
for hearing a motion, or for trial.
Attachment “A”: Example Scheduling Timeline For Expedited Track Cases
weeks after
entry of the
scheduling
order
4 weeks Deadline to join additional parties or to amend pleadings.
Deadline to file joint interim status report.
Deadline to file Proposed Order Scheduling Mediation, setting forth
9 weeks the name of the mediator, and the date, time, and location of the
mediation, consistent with the Order of Referral to Mediation (which
immediately follows this scheduling order).
Deadline to complete all fact discovery.
Deadline to submit joint notice indicating whether the parties consent
to jurisdiction before the designated magistrate judge for purposes of
final disposition.
14 weeks
Deadline to exchange expert witness summaries/reports pursuant to
Federal Rule of Civil Procedure 26(a)(2). Rebuttal disclosures are
permitted, and must conform to the deadline set forth in Federal Rule
of Civil Procedure 26(a)(2)(D)(ii).
16 weeks Deadline for the filing of all dispositive motions.
Deadline to complete mediation, consistent with the Order of Referral
18 weeks
to Mediation (which immediately follows this scheduling order).
21 weeks Deadline to complete all expert discovery.
8 weeks
Deadline for the filing of pretrial motions, including motions in limine
BEFORE
and Daubert motions.
calendar call
4 weeks Deadline to file joint pretrial stipulation pursuant to Local Rule 16.1(e)
BEFORE the and pretrial disclosures pursuant to Federal Rule of Civil Procedure
trial date 26(a)(3).
2 weeks Deadline to file proposed jury instructions (if the matter is set for a
BEFORE the jury trial) or proposed findings of fact and conclusions of law (if the
trial date matter is set for a bench trial) pursuant to Local Rule 16.1(k).
33 weeks
Two-week trial period commences (calendar call will be scheduled on
(approximate)
the Tuesday before the trial period)
Attachment “B”: Example Scheduling Timeline For Standard Track Cases
weeks after
entry of the
scheduling
order
5 weeks Deadline to join additional parties or to amend pleadings.
14 weeks Deadline to file joint interim status report.
Deadline to file Proposed Order Scheduling Mediation, setting
forth the name of the mediator, and the date, time, and location
25 weeks
of the mediation, consistent with the Order of Referral to
Mediation (which immediately follows this scheduling order).
Deadline to complete all fact discovery.
Deadline to submit joint notice indicating whether the parties
consent to jurisdiction before the designated magistrate judge for
purposes of final disposition.
31 weeks
Deadline to exchange expert witness summaries/reports
pursuant to Federal Rule of Civil Procedure 26(a)(2). Rebuttal
disclosures are permitted, and must conform to the deadline set
forth in Federal Rule of Civil Procedure 26(a)(2)(D)(ii).
33 weeks Deadline for the filing of all dispositive motions.
Deadline to complete mediation, consistent with the Order of
35 weeks Referral to Mediation (which immediately follows this scheduling
order).
40 weeks Deadline to complete all expert discovery.
8 weeks
Deadline for the filing of pretrial motions, including motions in
BEFORE
limine and Daubert motions.
calendar call
4 weeks Deadline to file joint pretrial stipulation pursuant to Local Rule
BEFORE the 16.1(e) and pretrial disclosures pursuant to Federal Rule of Civil
trial date Procedure 26(a)(3).
2 weeks Deadline to file proposed jury instructions (if the matter is set for
BEFORE the a jury trial) or proposed findings of fact and conclusions of law (if
trial date the matter is set for a bench trial) pursuant to Local Rule 16.1(k).
49 weeks
Two-week trial period commences (calendar call will be scheduled
(approximate)
on the Tuesday before the trial period)
