United States District Court
for the
Southern District of Florida
__________________, Plaintiff )
)
v. Civil Action No. 15-________-Civ-Scola
)
__________________, Defendants )
Scheduling Order And Order Of Referral To Mediation
THIS MATTER is set for trial during the two-week trial period beginning
on [49 weeks from date of this order for standard track or 33 weeks for
expedited track]. Calendar call will be held at 9:00 a.m. on the preceding
Tuesday, at the Wilkie D. Ferguson, Jr. United States Courthouse, 400 N.
Miami Avenue, Courtroom 12-3, Miami, Florida. A pretrial conference will be
held immediately following calendar call only if requested by the parties in
advance.
1. The parties must comply with the following schedule:
5 weeks (4 weeks for Deadline to join additional parties or to amend
expedited track) pleadings.
14 weeks (9 weeks for
Deadline to file joint interim status report.
expedited track)
Deadline to file Proposed Order Scheduling Mediation,
setting forth the name of the mediator, and the date,
25 weeks (9 weeks for
time, and location of the mediation, consistent with the
expedited track)
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.
Deadline to exchange expert witness summaries/reports
31 weeks (14 weeks for pursuant to Federal Rule of Civil Procedure 26(a)(2).
expedited track) Rebuttal disclosures are permitted, and must conform
to the deadline set forth in Federal Rule of Civil
Procedure 26(a)(2)(D)(ii).
(When a treating physician testifies regarding opinions
formed and based upon observations made during the course
of treatment, the treating physician need not produce a Rule
26(a)(2)(B) report. By contrast, treating physicians offering
opinions beyond those arising from treatment are experts
from whom full Rule 26(a)(2)(B) reports are required.)
33 weeks (16 weeks for
Deadline for the filing of all dispositive motions.
expedited track)
Deadline to complete mediation, consistent with the
35 weeks (18 weeks for
Order of Referral to Mediation (which immediately
expedited track)
follows this scheduling order).
40 weeks (21 weeks for
Deadline to complete all expert discovery.
expedited track)
8 weeks BEFORE Deadline for the filing of pretrial motions, including
calendar call motions in limine and Daubert motions.
Deadline to file joint pretrial stipulation pursuant to
4 weeks BEFORE the
trial date
Local Rule 16.1(e) and pretrial disclosures pursuant to
Federal Rule of Civil Procedure 26(a)(3).
Deadline to file proposed jury instructions (if the matter
2 weeks BEFORE the is set for a jury trial) or proposed findings of fact and
trial date conclusions of law (if the matter is set for a bench trial)
pursuant to Local Rule 16.1(k).
2. Interim Joint Status Report. The parties are required to submit an
interim joint status report addressing the following issues:
a) Have all defendants been served? If not, state the reasons.
b) Have all defendants responded to the complaint? If not, state the
reasons.
c) If this is a class action, has a motion for class certification been
filed? If so, what is its status?
d) Have the parties agreed on and selected a mediator? Have the
parties agreed upon a place, date, and time for mediation?
e) Have the parties engaged in informal settlement negotiations? If
not, explain the reasons for the failure to do so. If yes, state the
status of such negotiations (e.g., ongoing, impasse, etc.) and the
relative prospects for resolution through informal means.
f) Describe the status of discovery conducted to date, and identify
whether the parties reasonably believe that they will be able to
complete discovery by the Court’s deadline. If not, explain the
reasons.
g) Identify any other issues that the Court should be aware of that
may affect the resolution of this matter or the schedule as
currently set.
3. Limit on motions in limine & Daubert motions. Each party is limited to
filing one motion in limine and one Daubert motion. If a party cannot address
his or her evidentiary issues or expert challenges in a 20-page motion, leave to
exceed the page limitation will be granted upon a showing of good cause. The
parties are reminded that motions in limine and Daubert motions must contain
the Local Rule 7.1(a)(3) pre-filing conference and certification.
4. Jury Instructions. The parties must submit their proposed jury
instructions jointly, though they need not agree on each proposed instruction.
Where both parties agree on a proposed instruction, that instruction must be
set out in regular typeface. Instructions proposed only by a plaintiff must be
underlined. Instructions proposed only by a defendant must be bold-faced.
Every instruction must be supported by a citation of authority. The parties
should use as a guide the Eleventh Circuit Pattern Jury Instructions for Civil
Cases, including the directions to counsel, or the applicable state pattern jury
instructions. The parties must jointly file their proposed jury instructions via
CM/ECF, and must also submit their proposed jury instructions to the Court
via e-mail at
[email protected] in Word format (.doc).
5. Trial Exhibits. All trial exhibits must be pre-marked. Plaintiff’s exhibits
must be marked numerically with the letter “P” as a prefix. Defendant’s
exhibits must be marked alphabetically with the letter “D” as a prefix. A list
setting out all exhibits must be submitted at the time of trial. This list must
indicate the pre-marked identification label (e.g., P-1, or D-A) and must also
include a brief description of the exhibit.
6. Deposition Designations. Any party intending to use deposition
testimony as substantive evidence must designate by line and page reference
those portions in writing. The designations must be served on opposing
counsel and filed with the Court 14 days before the deadline to file the joint
pretrial stipulation. The adverse party must serve and file any objections and
any cross-designations within seven days. The initial party then has seven
days to serve and file objections to the cross-designations.
7. Voir Dire Questions. The Court will require each prospective juror to
complete a brief written questionnaire prior to the commencement of
questioning in the courtroom. Any party may up to five proposed, case-specific
questions to be included in the questionnaire. The proposed questions must
be filed with the Court at the time of the filing of the joint pretrial stipulation,
and must also be submitted to the Court via e-mail at
[email protected]
in Word format (.doc).
8. 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.
9. Settlement Notification. If this matter is settled, counsel are directed to
inform the Court promptly via telephone (305-523-5140) and/or e-mail
(
[email protected]).
[Order of Referral to Mediation on following page]
United States District Court
for the
Southern District of Florida
__________________, Plaintiff )
)
v. Civil Action No. 15-________-Civ-Scola
)
__________________, Defendants )
Order Of Referral To Mediation
Trial having been set in this matter, pursuant to Federal Rule of Civil
Procedure 16 and Local Rule 16.2, it is ordered and adjudged as follows:
1. All parties are required to participate in mediation. The parties must
conduct their mediation no later than the deadline set out in the Court’s
Scheduling Order.
2. The Court designates Plaintiff’s counsel as lead counsel for purposes of
this mediation order. Upon written agreement by all counsel of record and any
unrepresented parties, the parties may designate a different attorney to be lead
counsel for purposes of this mediation order. Lead counsel is responsible for
scheduling the mediation conference.
3. The parties are encouraged to avail themselves of the services of any
mediator on the List of Certified Mediators, maintained in the office of the Clerk
of the Court, but may select any other mediator. The parties must agree upon
a mediator within 60 days from the date of this Order. If there is no
agreement, lead counsel must promptly notify the Clerk of the Court in writing
and the Clerk of the Court will designate a mediator from the List of Certified
Mediators. That designation will be made on a blind rotation basis.
4. A place, date, and time for mediation convenient to the mediator, counsel
of record, and unrepresented parties must be established no later than the
deadline in the Scheduling Order. Lead counsel must complete the attached
form Order Scheduling Mediation and submit it to the Court. The parties must
agree on a place, date, and time for mediation and lead counsel must
submit the proposed order scheduling mediation, no later than the
deadline set forth in the Scheduling Order.
5. Pursuant to Local Rule 16.2(e), the appearance of counsel and each party
or representatives of each party with full authority to enter into a full and
complete compromise and settlement is mandatory. If insurance is involved,
an adjuster with authority up to the policy limits or the most recent demand,
whichever is lower, must attend.
6. All proceedings of the mediation will be confidential and privileged.
7. At least 14 days prior to the mediation date, each party must present to
the mediator a confidential brief written summary of the case identifying issues
to be resolved. The mediator is authorized to grant extensions of time up to the
mediation for the parties to file their mediation statements.
8. The Court may impose sanctions against parties and/or counsel who do
not comply with the attendance or settlement authority requirements in this
Order, or who otherwise violate the terms of this Order. The mediator must
report non-attendance and may recommend imposition of sanctions by the
Court for non-attendance.
9. The mediator must be compensated in accordance with the standing
order of the Court entered pursuant to Local Rule 16.2(b)(6), or on such basis
as may be agreed to in writing by the parties and the mediator selected by the
parties. The cost of mediation must be shared equally by the parties unless
otherwise ordered by the Court. All payments must be remitted to the
mediator within 45 days of the date of the bill. Notice to the mediator of
cancellation or settlement prior to the scheduled mediation conference must be
given at least three full business days in advance. Failure to do so will result in
imposition of a fee for two hours of mediation.
10. If a full or partial settlement is reached in this case, counsel must
promptly notify the Court of the settlement in accordance with Local Rule
16.2(f), by the filing of a notice of settlement signed by counsel of record within
14 days of the mediation conference. Thereafter the parties must promptly
submit an appropriate pleading concluding the case.
11. Within seven days following the mediation conference, the
mediator must file a Mediation Report indicating whether all required parties
were present. The report must also indicate whether the case settled (in full or
in part), was adjourned, or whether the mediator declared an impasse. If the
mediator fails to file a Mediation Report within seven days following the
mediation conference, lead counsel must file a Mediation Report within
14 days after the mediation conference.
12. If mediation is not conducted, the case may be stricken from the
trial calendar, and other sanctions may be imposed.
Attachment “A” to the Order Of Referral To Mediation:
Form Order Scheduling Mediation
United States District Court
for the
Southern District of Florida
__________________, Plaintiff )
)
v. Civil Action No. 15-________-Civ-Scola
)
__________________, Defendants )
Order Scheduling Mediation
The parties will hold the mediation conference in this matter before
(mediator) on (date) .at (time) .at (location) . The mediator and the
parties have agreed to this date. The parties may not reschedule the mediation
without leave of the Court.
Done and ordered in chambers, at Miami, Florida, on ____________ 2015.
________________________________
Robert N. Scola, Jr.
United States District Judge
