The Law Mind

Sample Proposed Scheduling Order – Civil Cases — Judge Darrin P Gayles

S.D. Fla. Judge Practices (Judge Darrin P Gayles) · Judge Darrin P Gayles

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. XX-cv-XXXXX-GAYLES PARTY NAME(S), Plaintiff(s), v. PARTY NAME(S), Defendant(s). / PROPOSED SCHEDULING ORDER SETTING CIVIL TRIAL DATE AND PRETRIAL SCHEDULE THIS CAUSE is set for trial during the Court’s two-week trial calendar beginning on [MM/DD/YYYY] in Courtroom 11-1 of the Wilkie D. Ferguson, Jr. United States Courthouse located at 400 North Miami Avenue, Miami, Florida 33128..1 The Calendar Call will be held at 9:30 a.m. on Wednesday, [MM/DD/YYYY].2 A telephonic Status Conference will be held at 10:00 a.m. on Wednesday, [MM/DD/YYYY]. 3 The parties shall adhere to the following schedule: 4 1. Joinder of any additional parties and filing of motions to amend the [MM/DD/YYYY] complaint by 2. Written lists containing the names and addresses of all fact witnesses [MM/DD/YYYY] intended to be called at trial by 1 Consult the attached Appendix re Trial Calendars for beginning dates. In all Expedited Track cases (S.D. Fla. L.R. 16.1(a)(2)(A)) and all actions brought pursuant to the Fair Labor Standards Act, Title III of the Americans with Disabilities Act, the Fair Debt Collection Practices Act, or to recover amounts due on a defaulted student loan, the Trial shall occur within nine months of the date Plaintiff(s) filed the action. In all Standard Track cases (S.D. Fla. L.R. 16.1(a)(2)(B)), the Trial shall occur within twelve to eighteen months of the date Plaintiff(s) filed the action. 2 Wednesday before Trial date. 3 Three to four weeks following the parties’ proposed mediation deadline. The Court may schedule an additional pretrial Status Conference pursuant to Fed. R. Civ. P. 16(a). 4 Additionally, in class action cases, the parties should provide proposed deadlines for class discovery and the filing of motions for class certification and/or decertification. In cases arising from administrative agency determinations and/or appeals thereof, the parties should provide a deadline for the filing of the administrative record. 3. Parties shall disclose experts, expert witness summaries, and reports as [MM/DD/YYYY] required by Fed. R. Civ. P. 26(a)(2) by 4. Exchange of rebuttal expert witness summaries and reports as required [MM/DD/YYYY] by Fed. R. Civ. P. 26(a)(2) by 5. Parties shall select a mediator pursuant to Local Rule 16.2 and shall [MM/DD/YYYY] schedule a time, date, and place for mediation by 6. Fact discovery shall be completed by [MM/DD/YYYY] [at least five months before Trial date] 7. Expert discovery shall be completed by [MM/DD/YYYY] [at least five months before Trial date] 8. Dispositive motions, including those regarding summary judgment and Daubert, shall be filed by [MM/DD/YYYY] [at least four months before Trial date] 9. Mediation shall be completed by [MM/DD/YYYY] [at least three months before Trial date] 5 10. All pretrial motions and memoranda of law, including motions in limine, shall be filed by [MM/DD/YYYY] [at least two months before Trial date] 11. Joint pretrial stipulation, proposed joint jury instructions, proposed joint verdict form, and/or proposed findings of fact and conclusions of [MM/DD/YYYY] law shall be filed by [at least one month before Trial date] By: [Attorney(s) for Plaintiff(s)] [Attorney(s) for Defendant(s)] 5 For all actions brought pursuant to the Fair Labor Standards Act, Title III of the Americans with Disabilities Act, the Fair Debt Collection Practices Act, or to recover amounts due on a defaulted student loan, mediation shall occur within ninety days of the Court’s entry of the Scheduling Order. APPENDIX RE TRIAL CALENDARS In completing the Proposed Scheduling Order, be advised that the Court’s two-week trial calendars begin on the following dates: 2024 January 2 April 8 July 15 October 21 January 16 April 22 July 29 November 4 January 29 May 6 August 12 November 18 February 12 May 20 August 26 December 2 February 26 June 3 September 9 December 16 March 11 June 17 September 23 December 30 March 25 July 1 October 7 2025 January 13 April 21 July 28 November 3 January 27 May 5 August 11 November 17 February 10 May 19 August 25 December 1 February 24 June 2 September 8 December 15 March 10 June 16 September 22 December 29 March 24 June 30 October 6 April 7 July 14 October 20 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. XX-cv-XXXXX-GAYLES PARTY NAME(S), Plaintiff(s), v. PARTY NAME(S), Defendant(s). / ELECTION TO JURISDICTION BY A UNITED STATES MAGISTRATE JUDGE FOR FINAL DISPOSITION OF MOTIONS In accordance with the provisions of 28 U.S.C. § 636(c), the undersigned party or parties to the above-captioned civil matter hereby voluntarily elect to have a United States Magistrate Judge decide the following motions and issue a final order or judgment with respect thereto: 1. Motions to Dismiss Yes ____ No ____ 2. Motions for Summary Judgment Yes ____ No ____ 3. All Pretrial Motions Yes ____ No ____ 4. Discovery Yes ____ No ____ 5. Other (explain below) Yes ____ No ____ _____________________________________________________________ By: [Attorney(s) for Plaintiff(s)] [Attorney(s) for Defendant(s)] UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. XX-cv-XXXXX-GAYLES PARTY NAME(S), Plaintiff(s), v. PARTY NAME(S), Defendant(s). / ELECTION TO JURISDICTION BY A UNITED STATES MAGISTRATE JUDGE FOR TRIAL In accordance with the provisions of 28 U.S.C. § 636(c), the undersigned party or parties to the above-captioned civil matter hereby voluntarily elect to have a United States Magistrate Judge conduct any and all further proceedings in this case, including TRIAL, and entry of final judgment with respect thereto. * By: [Attorney(s) for Plaintiff(s)] [Attorney(s) for Defendant(s)] * A Magistrate Judge may conduct jury trials if the underlying claims support a demand for jury. In addition, a Magistrate Judge can generally accommodate special settings.
Official source: https://www.flsd.uscourts.gov/sites/flsd/files/GAYLES%20Sample%20Proposed%20Scheduling%20O · retrieved 2026-07-23