UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FT. MYERS DIVISION Plaintiff, v. Case No. 2: -cv- -FtM-29 Defendant(s). CASE MANAGEMENT REPORT The parties have agreed on the following dates and discovery plan pursuant to Fed. R. Civ. P. 26(f) and M.D. Fla. R. 3.05(c): DEADLINE OR EVENT AGREED DATE Mandatory Initial Disclosures (pursuant to Fed. R. Civ. P. 26(a)(1) [Court recommends 30 days after CMR meeting] Certificate of Interested Persons and Corporate Disclosure Statement [each party who has not previously filed must file immediately] Motions to Add Parties or to Amend Pleadings [Court recommends 1 - 2 months after CMR meeting] Disclosure of Expert Reports Plaintiff: Defendant: [Court recommends last exchange 6 months before trial and 1 - 2 months before discovery deadline to allow expert depositions] Discovery Deadline [Court recommends 5 months before trial to allow time for dispositive motions to be filed and decided; all discovery must be commenced in time to be completed before this date] Dispositive Motions, Daubert, and Markman Motions [Court requires 4 months or more before trial term begins] American LegalNet, Inc. www.FormsWorkFlow.com DEADLINE OR EVENT AGREED DATE Meeting In Person to Prepare Joint Final Pretrial Statement [14 days before Joint Final Pretrial Statement] Joint Final Pretrial Statement (Including a Single Set of Jointly-Proposed Jury Instructions and Verdict Form [a Word or WordPerfect version may be e-mailed to the Chambers mailbox] Voir Dire Questions, Witness Lists, Exhibit Lists with Objections on Approved Form) [Court recommends 3 weeks before Final Pretrial Conference and no later than 7 days before the Final Pretrial Conference] All Other Motions Including Motions In Limine, Trial Briefs [Court recommends 3 weeks before Final Pretrial Conference] Final Pretrial Conference [Court will set a date that is approximately 3 weeks before trial] Trial Term Begins [Local Rule 3.05 (c)(2)(E) sets goal of trial within 1 year of filing complaint in most Track Two cases, and within 2 years in all Track Two cases; trial term must not be less than 4 months after dispositive motions deadline (unless filing of such motions is waived); district judge trial terms begin on the first business day of the first full week of each month; trials before magistrate judges will be set on a date certain after consultation with the parties] Estimated Length of Trial [trial days] Jury / Non-Jury Mediation Deadline: Mediator: Address: Telephone: [Absent arbitration, mediation is mandatory; Court recommends either 2 - 3 months after CMR meeting, or just after discovery deadline] American LegalNet, Inc. www.FormsWorkFlow.com DEADLINE OR EVENT AGREED DATE All Parties Consent to Proceed Before Magistrate Judge Yes No Likely to Agree in Future I. Meeting of Parties in Person Lead counsel must meet in person and not by telephone absent an order permitting otherwise. Counsel will meet in the Middle District of Florida, unless counsel agree on a different location. Pursuant to M.D. Fla. Local Rule 3.05(c)(2)(B) or (c)(3)(A)1 a meeting was held in person on: (date) at (time) at (place) and was attended by: Name Counsel for (if applicable) II. Preliminary Pretrial Conference Local Rule 3.05(c)(30(B) provides that preliminary pretrial conferences are mandatory in Track Three cases. Track Two cases: Parties (check one) [] request [] do not request a Preliminary Pretrial Conference before entry of a Case Management and Scheduling 1A copy of the Local Rules may be viewed at http://www.flmd.uscourts.gov. American LegalNet, Inc. www.FormsWorkFlow.com Order in this Track Two case. Unresolved issues to be addressed at such a conference include: III. Pre-Discovery Initial Disclosures of Core Information Fed. R. Civ. P. 26(a)(1)(C) - (D) Disclosures Fed. R. Civ. P. 26, as amended, provides that these disclosures are mandatory in Track Two and Track Three cases, except as stipulated by the parties or otherwise ordered by the court (the amendment(s) to Rule 26 supersede(s) M.D. Fla. Rule 3.05, to the extent that Rule 3.05 opts out of the mandatory discovery requirements): The parties have exchanged agree to exchange (check one) information described in Fed. R. Civ. P. 26(a)(1)(C) - (D) on by (check one) (date). Below is a description of information disclosed or scheduled for disclosure. IV. Agreed Discovery Plan for Plaintiffs and Defendants A. Certificate of Interested Persons and Corporate Disclosure Statement C This Court has previously ordered each party, governmental party, intervenor, non-party movant, and Rule 69 garnishee to file and serve a Certificate of Interested Persons and Corporate Disclosure Statement using a mandatory form. No party may seek discovery from any source before filing and serving a Certificate of Interested Persons and Corporate Disclosure Statement. A motion, memorandum, response, or other paper C including emergency motion C is subject to being denied or stricken unless the filing party has previously filed and served its Certificate of Interested Persons and Corporate Disclosure Statement. Any party who has not already filed and served the required certificate is required to do so immediately. Every party that has appeared in this action to date has filed and served a Certificate of Interested Persons and Corporate Disclosure Statement, which remains current: American LegalNet, Inc. www.FormsWorkFlow.com 5 Yes No Amended Certificate will be filed by (party) on or before (date). B. Discovery Not Filed C The parties shall not file discovery materials with the Clerk except as provided in Local Rule 3.03. The Court encourages the exchange of discovery requests electronically. See M.D. Fla. R. 3.03 (e). The parties further agree as follows: C. Limits on Discovery C Absent leave of Court, the parties may take no more than ten depositions per side (not per party). Fed. R. Civ. P. 30(a)(2)(A); Fed. R. Civ. P. 31(a)(2)(A). Absent leave of Court, the parties may serve no more than twenty-five interrogatories, including sub-parts. Fed. R .Civ. P. 33(a). The parties may agree by stipulation on other limits on discovery. The Court will consider the parties= agreed dates, deadlines, and other limits in entering the scheduling order. Fed. R. Civ .P. 29. In addition to the deadlines in the above table, the parties have agreed to further limit discovery as follows: 1. Depositions 2. Interrogatories 3. Document Requests 4. Requests to Admit 5. Supplementation of Discovery D. Discovery Deadline C Each party shall timely serve discovery requests so that the rules allow for a response prior to the discovery deadline. The Court may deny as untimely all motions to compel filed after the discovery deadline. In addition, the parties agree as follows: E. Disclosure of Expert Testimony C American LegalNet, Inc. www.FormsWorkFlow.com 6 On or before the dates set forth in the above table for the disclosure of expert reports, the parties agree to fully comply with Fed. R. Civ. P. 26(a)(2) and 26(e). Expert testimony on direct examination at trial will be limited to the opinions, basis, reasons, data, and other information disclosed in the written expert report disclosed pursuant to this order. Failure to disclose such information may result in the exclusion of all or part of the testimony of the expert witness. The parties agree on the following additional matters pertaining to the disclosure of expert testimony: F. Confidentiality Agreements C Whether documents filed in a case may be filed under seal is a separate issue from whether the parties may agree that produced documents are confidential. The Court is a public forum, and disfavors motions to file under seal. The Court will permit the parties to file documents under seal only upon a finding of extraordinary circumstances and particularized need. See Brown v. Advantage Engineering, Inc., 960 F.2d 1013 (11th Cir. 1992); Wilson v. American Motors Corp., 759 F.2d 1568 (11th Cir. 1985). A party seeking to file a document under seal must file a motion to file under seal requesting such Court action, together with a memorandum of law in support. (See M.D. Fla. R. 1.09). The motion, whether gra