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Case Management And Scheduling Order (Judge Schlesinger) - Florida
| Case Management And Scheduling Order (Judge Schlesinger) Form. This is a Florida form and can be used in USDC Middle Federal . |
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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION v. Case No. _____________________________/ CASE MANAGEMENT AND SCHEDULING ORDER This cause came on for consideration concerning completion of discovery and the scheduling of pretrial procedures and trial, and the Court having considered the positions of the parties, it is ORDERED: 1. The parties are directed to meet the agreed upon terms and time limits in the Case Management Report. With respect to discovery matters the date of completion in the Case Management Report is the final date discovery shall be made. All requests and motions pertaining to discovery shall be filed so that the discovery desired will be due prior to the completion date and any disputes which requires Court intervention shall be made by proper motion immediately. The conduct of any discovery which would require a later due date shall be permitted only on the order of the Court or by filed stipulation of the parties, and only in cases that will not be delayed for trial thereby. The parties should be aware that a stipulation to the continuance of discovery anticipates no discovery disputes and, therefore, this Court will not hear discovery disputes arising during the stipulated continuance. 2. The parties are further directed to meet the pretrial disclosure requirements and deadlines in Fed. R. Civ. P. 26(a)(3) and to timely adhere to all requirements in Local Rule 3.06 concerning Final Pretrial Procedures, which is to be initiated by counsel for the Plaintiff(s). 3. Motions to amend any pleading or a motion for continuance of any pretrial conference, hearing, or trial filed after issuance of this Case Management and Scheduling Order are disfavored. (See Local Rules 3.05(c)(2)(E) and 3.05(c)(3)(D)). 4. Motions to Dismiss or for Summary Judgment shall be filed not later than ___________________. NOTE: Counsel should send a courtesy copy of the motions and responses thereto directly to Judge Schlesinger's American LegalNet, Inc. www.FormsWorkflow.com chambers. 5. A final pretrial conference will be held in Courtroom 10C, 10th Floor, United States Courthouse, 300 North Hogan Street, Jacksonville, Florida, on ____________________________________________________________. NOTE 1: Motions in limine shall be filed no later than five (5) working days prior to the pretrial conference. NOTE 2: Photo identification is required to enter the United States Courthouse. Also, cellular telephones and laptop computers are prohibited in the Courthouse without prior approval from the Court. (A) The lead attorneys for all parties are further directed to meet in person at their earliest convenience, initiated by counsel for the Plaintiff(s), but at least two weeks before the date of the pretrial conference to: (1) discuss the possibility of settlement; (2) stipulate to as many facts and issues as possible; (3) prepare a pretrial stipulation in accordance with this Order; (4) examine all exhibits and documents proposed to be used at the trial; (5) furnish opposing counsel the names and addresses of all witnesses whom counsel actually intend to call at trial; (6) review all depositions which are to be offered for any purpose other than impeachment to resolve objections to the portions to be offered in evidence; (7) complete all other matters which may expedite both the pretrial and trial of this case. (B) The pretrial stipulation shall contain: (1) the factual basis of federal jurisdiction; (2) a concise factual statement of the nature of the action; (3) a brief, general factual statement of each party's case or contentions; (4) for each party, a list of all witnesses who will be called at the trial; a. Each list of witnesses should include the witnesses' addresses and a statement of the general subject matter of their testimony. It is not sufficient to designate the witness simply "fact", "medical", or "expert". The list must also include an indication in good faith of those witnesses who will be called in the absence of reasonable notice to opposing counsel to the contrary and of those witnesses who may be called; b. A witness not included in the list will not be permitted to testify unless agreeable to all parties and theiraddition does not affect the trial date. This restriction does not apply to rebuttal witnesses or documents when necessity cannot be reasonably anticipated. Furthermore, in the case of expert witnesses, counsel shall certify that 2 American LegalNet, Inc. www.FormsWorkflow.com they have exchanged expert reports. Expert witnesses whose reports have not been furnished opposing counsel will not be permitted to testify to opinions not included in the reports timely furnished; c. Except for good cause shown, the Court will not permit any witness to testify unless with respect to such witness there has been complete compliance with all provisions of this Order and prior Court orders. (5) for each party, a list and description of all exhibits intended to be introduced at the trial. Prior to preparing the pretrial stipulation, the parties shall meet, exchange copies of all proposed exhibits, and agree as to their authenticity and relevancy. If the parties cannot agree as to certain exhibits, memoranda shall be filed at least five (5) working days before the trial stating the parties' respective positions; a. Each list of proposed exhibits first should describe those exhibits that are to be admitted without objection, and then those exhibits to which there will be objection, noting by whom the objection is made (if there are multiple adverse parties), and the nature of the objection. Markers identifying each exhibit should be attached to the exhibits at the time they are shown to opposing counsel during preparation of the pretrial stipulation. b. If a party believes that good cause exists for not disclosing exhibits to be used solely for the purpose of impeachment, that party may ex parte request a conference with the Court and make the position known to the Court in camera. c. Where appropriate to preserve trade secrets or privileges, the listing of exhibits may be made subject to a protective order or in such other fashion as the Court may direct. If there are such exhibits, the parties shall state in the pretrial stipulation that they will discuss exhibits alleged to be privileged (or to contain trade secrets, etc.) at the pretrial conference. d. In addition to the formal list of exhibits, copies of all exhibits must be submitted to opp
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