Opinion
CASE NO. 05-60350-CIV-ALTONAGA/Turnoff.
April 18, 2005
ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MOTIONS TO MAGISTRATE JUDGE
THIS CAUSE is set for trial during the Court's two-week trial calendar beginning on April 17, 2006. Calendar call will be held at 9:00 a.m. on Tuesday, April 11, 2006, in Courtroom Four of the United States Courthouse, 301 N. Miami Avenue, Miami, Florida. No pre-trial conference will be held unless a party requests one no later than 30 days before the calendar call and the Court determines that one is necessary. The parties shall adhere to the following schedule: May 4, 2005 May 18, 2005 five (5) days September 16, 2005 October 1, 2005 November 1, 2005 December 10, 2005 December 15, 2005 January 3, 2006 in limine March 10, 2006 in limine.
The parties shall notify the Court whether or not they consent to trial and final disposition by Magistrate Judge Turnoff. The parties shall select a mediator certified under Local Rule 16.2.B, shall schedule a time, date and place for mediation, and shall jointly file a proposed order scheduling mediation in the form specified by Local Rule 16.2.H. If the parties cannot agree on a mediator, they shall notify the Clerk in writing as soon as possible, and the Clerk shall designate a certified mediator on a blind rotation basis. Counsel for all parties shall familiarize themselves with and adhere to all provisions of Local Rule 16.2. Within of mediation, the parties are required to file a mediation report with the Court. All motions to amend pleadings or join parties are filed. Parties exchange expert witness summaries and reports required by Local Rule 16.1.K. Parties exchange rebuttal expert witness summaries and reports required by Local Rule 16.1 K. All discovery, including expert discovery, is completed. Parties must have completed mediation and filed a mediation report. All pre-trial motions other than motions are filed. Parties submit joint pre-trial stipulation, proposed jury instructions, or proposed findings of fact and conclusions of law, and motions Pursuant to 28 U.S.C. § 636 and this District's Magistrate Judge Rules, all discovery motions and non-dispositive motions filed pursuant to Federal Rules of Civil Procedure 12, 13 and 14 are referred to Magistrate Judge William C. Turnoff.The parties may stipulate to extend the time to answer interrogatories, produce documents, and answer requests for admissions. The parties shall not file with the Court notices or motions memorializing any such stipulation unless the stipulation interferes with the deadlines set forth above. Stipulations that would so interfere may be made only with the Court's approval. See Rule 29, Fed.R.Civ.P. In addition to the documents enumerated in Local Rule 26.1.B., the parties shall not file notices of deposition with the Court. Strict compliance with the Local Rules is expected, particularly with regard to motion practice. See Local Rule 7.1.
The parties shall submit their proposed jury instructions jointly, though they need not agree on each proposed instruction. Where the parties do not agree on a proposed instruction, that instruction shall be set forth in bold type. Instructions proposed only by a plaintiff shall be underlined. Instructions proposed only by a defendant shall be italicized. Every instruction must be supported by citation to authority. The parties shall use as a guide the Eleventh Circuit Pattern Jury Instructions for Civil Cases, including the directions to counsel contained therein. The parties shall submit their proposed jury instructions on paper and on a 3 1/2 inch floppy disk in a format compatible with WordPerfect for Microsoft Windows-based computers. Each exhibit must be labeled in accordance with the exhibit list in the joint pre-trial stipulation and shall also bear the case number of this action.
DONE AND ORDERED.