UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No.: xx-cv-xxxx-JB/Torres
XX,
Plaintiff,
v.
XX,
Defendant.
_________________________________________/
ORDER SETTING TRIAL, CALENDAR CALL,
REFERENCE TO MAGISTRATE JUDGE,
PRETRIAL DEADLINES, AND PRETRIAL PROCEDURES
This Court enters the following Order setting the trial in this matter and to
establish pretrial deadlines and procedures.
I. TRIAL SETTING, CALENDAR CALL
Trial Date: Trial is scheduled to commence during the two-week period
beginning Monday, [counsel to input date that is 120 days
after the filing deadline for dispositive motions] 1, at 9:30
a.m. at the Wilkie D. Ferguson, Jr. Courthouse, 400 N. Miami
Avenue, Courtroom 11-4, Miami, Florida 33128.
Calendar Call: Tuesday, [counsel to input date that is the Tuesday prior to
the first day of trial], at 8:30 a.m. at the Wilkie D. Ferguson,
Jr. Courthouse, 400 N. Miami Avenue, Courtroom 11-4, Miami,
Florida 33128.
II. PRETRIAL DEADLINES
[approx. 60 days from the filing of All motions to join additional parties and
the joint scheduling report] amend the complaint must be filed.
1 Counsel should refer to the Jury Trial Period Spreadsheet located under the “Civil
Procedures” tab of the website.
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[counsel to input date Parties shall exchange a written list
that is two months prior containing the names, addresses and
to discovery deadline] summaries/reports of any expert
witnesses intended to be called at trial.
Only those expert witnesses listed shall
be permitted to testify. The
summaries/reports shall include the
information required by Fed. R. Civ. P.
26(a)(2): lists of the expert’s
qualifications to be offered at trial,
publications and writings, style of the
case and name of court and judge in
cases in which the expert has previously
testified and the subject of that expert
testimony, the substance of the facts and
all opinions to which the expert is
expected to testify, and a summary of
the grounds for each opinion.
[counsel to input date that is one Parties shall exchange a written list
month prior to discovery deadline] containing the names, addresses and
summaries/reports of any rebuttal
expert witnesses intended to be called at
trial. Only those expert witnesses listed
shall be permitted to testify. The
summaries/reports shall include the
information required by Fed. R. Civ. P.
26(a)(2): lists of the expert’s
qualifications to be offered at trial,
publications and writings, style of case
and name of court and judge in cases in
which the expert has previously testified
and the subject of that expert testimony,
the substance of the facts and all
opinions to which the expert is expected
to testify, and a summary of the grounds
for each opinion.
[Expedited Track: counsel to input All discovery shall be completed.
date that is 135 days from the filing
of the joint scheduling report.
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Standard Track: counsel to input
date that is 225 days from the filing
of the joint scheduling report.
Complex Track: counsel to input
date that is 315 days from the filing
of the joint scheduling report.]
[counsel to input date that is one Mediation shall be completed.
week after close of discovery]
[counsel to input date that is 60 All dispositive pretrial motions and
days from the close of discovery] memoranda of law, as well as any
motions to exclude or limit proposed
expert testimony must be filed. Any
Daubert motion shall be accompanied by
appropriate affidavits. If any party
moves to strike an expert affidavit filed
in support of a motion for summary
judgment for reasons stated in Daubert
v. Merrill Dow Pharmaceuticals, Inc.,
509 U.S. 579 (1993), the motion to strike
shall be filed with that party’s
responsive memorandum.
[counsel to input date that is 45 All pretrial motions and memoranda of
days prior to calendar call] law must be filed.
[counsel to input date that is one Parties must file Joint Pretrial
week prior to calendar call] Stipulation, as set forth herein.
The Court has selected the trial date and dispositive motion deadline that
the Parties proposed in their Joint Scheduling Report. As such, the Court
will not extend those deadlines absent extraordinary circumstances.
Further, a motion for continuance of the trial shall not stay or otherwise
change any of the deadlines above. Unless a true emergency situation
arises, a motion for continuance will not be considered unless it is filed at
least thirty days prior to the scheduled trial date.
Compliance with all deadlines—whether set by Court order or under the Federal and
Local Rules—is mandatory. Requests for extensions of time, including unopposed
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motions, will only be granted by the Court upon an appropriate motion showing good
cause why the deadline cannot be met. Absent an emergency, motions for extensions
of time must be filed no later than three business days prior to the deadline
from which relief is being sought. All requests for extensions of time must include (1)
the conferral statement required under Local Rule 7.1 specifying what methods were
used to confer; (2) a list of any prior motions for extension of time, the basis for those
requests, and whether they were granted; (3) a specific statement regarding the
circumstances necessitating the requested relief; (4) a specific period for the relief
requested, and (5) a statement as to whether the request impacts the deadline to file
a dispositive motion or trial date.
III. LOCAL RULES
Unless otherwise directed by this Order, the Court requires compliance with the
Local Rules. The filing of any motion, including motions for summary judgement,
that are not in compliance with the Local Rules are subject to being stricken or
denied. The procedures below supplement the Local Rules. This Order controls if
the Local Rules conflict with any requirement herein or require different deadlines.
IV. DISCOVERY AND REFERRAL TO THE MAGISTRATE JUDGE
Pursuant to 28 U.S.C. Section 636 and this District’s Magistrate Judge Rules, all
discovery matters are hereby referred to United States Magistrate Judge ______.
Furthermore, in accordance with 28 U.S.C. Section 636(c)(1), the parties may consent
to trial and final disposition by the Magistrate Judge. The deadline to submit a
consent is at the close of the discovery period.
The parties are to follow the Magistrate Judge’s Discovery Procedures for any
discovery dispute.
The parties may stipulate to extend the time to answer interrogatories, produce
documents, and answer requests for admissions without the need to file a written
motion or stipulation. However, no extension that interferes with the deadlines set
forth above may be entered into without seeking leave of Court.
V. MEDIATION
Mediation is required in accordance with the Local Rules and the deadline set forth
above. It is not necessary for the parties to file a motion requesting the Court to enter
an order scheduling the mediation. Instead, the parties are required to file a Notice
of Mediation with the name of the mediator and the date of the mediation at least
thirty days before the mediation. The parties shall notify the Court of the results of
the mediation (e.g., settled, impasse, or adjourned to continue discussions) within two
days of the conclusion of the mediation.
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VI. FILING OF MOTIONS
All filings must be in a 12-point font and double spaced. Single spacing is only
permitted for footnotes.
The required conferral under Local Rule 7.1 must be by telephone or in person. An
e-mail conferral will only be permitted if counsel provided at least forty-eight hours
for a response before the filing of the motion.
VII. TRIAL PROCEDURES
Preparation of Pretrial Stipulation and Pretrial Conference: Counsel and all
pro se litigants must meet to confer on the preparation of a joint pretrial stipulation,
which must be filed by the deadline set forth above. The stipulation shall conform to
Local Rule 16.1(e) and include a joint, neutral summary of the claims and defenses
in the case, not to exceed one short paragraph per litigant claim, to be read as an
introduction for voir dire examination. The Court will not accept unilateral pretrial
stipulations and will sua sponte strike any such submissions.
Any requests for daily copy trial transcripts must be made no later than seven days
before the Calendar Call. Those requests must be made by email to Vernita Allen-
Williams at vernita
[email protected].
The Court will determine whether a pretrial conference is necessary. Should a
pretrial conference be set, the deadlines as set forth in this Order shall remain
unaltered.
Jury Instructions: The parties shall file a joint set of proposed jury
instructions and a joint proposed verdict form by no later than the Friday
before Calendar Call. In preparing proposed jury instructions, the parties shall
utilize as a guide the Pattern Jury Instructions for Civil Cases approved by the
United States Eleventh Circuit, including the Directions to Counsel contained
therein. Instructions and questions proposed only by the plaintiff(s) to which the
defendant(s) object shall be italicized. Instructions and questions proposed only by
the defendant(s) to which the plaintiff(s) object shall be boldfaced. Each jury
instruction shall be typed on a separate sheet and must be supported by citations of
authority. Each disputed jury instruction shall also state the legal basis for the
objection(s) with citations to authority. A Word version copy of the joint proposed
jury instructions and verdict form or the proposed findings of fact and conclusions of
law shall be e-mailed to
[email protected] at the time of filing.
Bench Trials: Each party shall file proposed findings of fact and conclusions of law
by no later than the Friday before Calendar Call. Proposed findings of fact shall
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be supported by citations to the documentary evidence, if applicable. Conclusions of
law shall be supported by citations of authority. Copies of each party’s proposed
findings of fact and conclusions of law in Word format shall be e-mailed to
[email protected] at the time of filing.
Instructions Regarding the Use of Depositions at Trial: If deposition
transcripts will be used at trial, the parties shall comply with the following
guidelines. At least twenty-eight (28) days in advance of the Calendar Call, a party
seeking to use a deposition in its affirmative case shall serve a copy of such
designations. Five (5) days after receipt of the designations, the opposing party
shall serve its counter-designations, together with any objections. Five (5) days
after receipt of the counter designations, the moving party shall serve its objections
to the counter-designations.
No later than seven days before the Calendar Call, the parties shall prepare and
jointly file one transcript for each deposition to be used during trial. The parties
shall edit the transcript, using a mini-transcript when available, to remove all
irrelevant, extraneous and unnecessary pages. Each portion of the testimony
designated shall be bracketed to indicate beginning and end. A notice of filing setting
forth each party’s designated testimony by line and page, and setting forth all
objections, shall be filed with the transcript. In addition to listing objections in the
notice of filing, the objections shall also be indicated in the margin of the transcript.
The parties may either write their objections in the margins or use logical
abbreviations that will be apparent to the Court and other parties (for example “H”
for hearsay). If the parties use abbreviations, the notice of filing must include a key
for the Court’s reference. A courtesy copy of the notice and transcript shall be
delivered to chambers at the time of filing. Each party shall mark the courtesy copy
of the transcript with a different color ink or highlighter to identify its designated
portions of the transcript.
Voir Dire: The Court will provide each prospective juror with a brief questionnaire
prior to the commencement of questioning in the courtroom. Any party may submit
proposed, case-specific questions for the Court’s consideration. The proposed
questions must be filed with the Court at the time of the filing of the joint pretrial
stipulation. The Court will begin voir dire by questioning the venire individually and
as a whole and will permit, at its discretion, attorney-directed voir dire. The Court
will not permit back striking of jurors.
Trial Witnesses: Counsel must provide to opposing counsel, no later than 12:00
p.m., the names of the witnesses who will be called the following day. If this
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procedure is violated, the Court may preclude a witness from testifying at the time
counsel intended.
NON-COMPLIANCE WITH ANY PROVISION OF THIS ORDER MAY
SUBJECT THE OFFENDING PARTY TO SANCTIONS OR DISMISSAL.
DONE AND ORDERED in Miami, Florida, this ____ day of ________, 202[__].
_______________________________________________
JACQUELINE BECERRA
UNITED STATES DISTRICT JUDGE
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