UNITED STATES DISTRICT COURT FOR THE

SOUTHERN DISTRICT OF FLORIDA

Miami Division

Case Number: 20-22051-CIV-MARTINEZ-OTAZO-REYES

SISVEL INTERNATIONAL S.A., 3G LICENSING 

S.A., and SISVEL S.p.A.,

Plaintiffs,

v.

HMD AMERICA, INC., and HMD GLOBAL OY,

Defendants.

_________________________________________/

ORDER SETTING CIVIL TRIAL DATE AND PRETRIAL

SCHEDULE, REQUIRING MEDIATION, AND REFERRING

CERTAIN MOTIONS TO MAGISTRATE JUDGE

Trial is scheduled to commence during the two-week period beginning Monday, May 10,

2021 at 9:30 a.m., before Jose E. Martinez, United States District Judge, 400 N. Miami Ave., 

Courtroom 10-1, Miami, Florida 33128. Calendar Call will be held on May 6, 2021 at 1:30 p.m. 

at the same location.

IT IS ORDERED AND ADJUDGED as follows:

l. No pretrial conference shall be held in this action unless the Court determines that 

a pretrial conference is necessary. Should a pretrial conference be set, the compliance deadlines as 

set forth in the remainder of this Order shall remain unaltered.

2. Every motion filed in this case shall be accompanied by one proposed original 

order granting the motion. Unless otherwise specified by the Court, every motion shall be doublespaced in Times New Roman 12-point typeface. 

Pretrial Stipulations and Jury Instructions

3. Counsel and all pro se litigants must meet to confer on the preparation of a joint 

pretrial stipulation, which must be filed by the deadline set forth below. The stipulation shall 

conform to Local Rule 16.1(e) and include a joint, neutral summary of the claims and defenses in 

the case, not to exceed one short paragraph per litigant claim, to be read as an introduction for voir 

dire examination. The Court will not accept unilateral pretrial stipulations and will sua sponte 

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strike any such submissions. Should any of the parties fail to cooperate in the preparation of the 

joint pretrial stipulation, all other parties shall file a certification with the Court stating the 

circumstances.

4. The parties SHALL submit joint proposed jury instructions and/or proposed 

findings of fact and conclusions of law.

a. Jury Trials: For cases or claims that will be heard by a jury, the parties shall file 

a SINGLE JOINT set of proposed jury instructions and a joint proposed verdict form in 

accordance with the deadline set forth below. In preparing proposed jury instructions, the parties 

shall utilize as a guide the Pattern Jury Instructions for Civil Cases approved by the United States 

Eleventh Circuit, including the Directions to Counsel contained therein. Instructions and questions 

proposed only by the plaintiff(s) to which the defendant(s) object shall be italicized. Instructions 

and questions proposed only by the defendant(s) to which the plaintiff(s) object shall be boldfaced. Each jury instruction shall be typed on a separate sheet and must be supported by citations 

of authority. Each disputed jury instruction shall also state the legal basis for the objection(s) with 

citations to authority. A Word version copy of the joint proposed jury instructions and verdict 

form shall be e-mailed to martinez@flsd.uscourts.gov at the time of filing. Failure to cooperate 

in good faith and/or to submit proposed jury instructions as required by this order will result 

in appropriate sanctions being imposed upon the offending party, including dismissal of 

claims or striking of defenses.

b. Bench Trials: For cases or claims that will not be heard by a jury, each party 

shall file proposed findings of fact and conclusions of law in accordance with the deadline set forth 

below. Proposed findings of fact shall be supported by citations to the documentary evidence, if 

applicable. Conclusions of law shall be supported by citations of authority. Copies of each party’s 

proposed findings of fact and conclusions of law in Word format shall be e-mailed to 

martinez@flsd.uscourts.gov at the time of filing.

5. Exhibits: All exhibits must be pre-marked. Plaintiff’s exhibits shall be marked 

numerically. Defendant’s exhibits shall be marked alphabetically. If there are many exhibits, the 

parties may file a motion to designate all exhibits numerically (e.g., Plaintiff’s exhibits 1–99 and

Defendant’s exhibits 100–200). A typewritten exhibit list setting forth the number, or letter, and 

description of each exhibit must be submitted at the time of trial. The parties shall submit the

exhibit list on Form AO 187, which is available from the Clerk’s office.

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Discovery

6. Discovery in this case shall be conducted in accordance with the Federal Rules of 

Civil Procedure and Southern District of Florida Local Rules, except the deadlines under Local 

Rules 16.1(d), (e), (h), (j), (k), and (l) may be modified by further order of the Court.

7. Pursuant to 28 U.S.C. § 636, all discovery motions and all motions that relate 

directly to these motions, such as motions for extension of time, motions for reconsideration, 

motions for sanctions, and motions for mental or physical examinations, are referred to United 

States Magistrate Judge Alicia M. Otazo-Reyes to take all appropriate action. This Order does 

not refer any motion that requests a continuance or extension of a deadline set by this Court. The 

parties are responsible for indicating the name of the Magistrate Judge on all motions and 

related papers referred by this order in the case number caption and to comply with the 

Discovery Procedure for Judge Otazo-Reyes appended to this order as Attachment C.

8. 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 time set 

for completing discovery, hearing a motion, or trial. Stipulations that would so interfere may be 

made only with the Court’s approval.

Scheduling Conference Report

9. Within 20 days of this Order, Counsel for the parties and pro se litigants shall hold 

a scheduling conference pursuant to Local Rule 16.1(b). At this conference, the parties shall

comply with the agenda set forth in Local Rule 16.1(b) and file a Conference Report within 14 

days of the conference. The parties are not required to file a Joint Proposed Scheduling Order at 

this time. 

The Conference Report shall include all information required by subsections (A), (B), and 

(D) through (K) of Local Rule 16.1(b)(2). IN ADDITION TO THAT INFORMATION, THE 

REPORT SHALL INCLUDE THE FOLLOWING: (1) whether the trial will be jury or nonjury; (2) an outline of the legal elements of each claim and defense raised by the pleadings (the 

parties are advised that this section shall not be a summary of allegations, but should be modeled 

on pattern substantive jury instructions applicable in this Court); (3) a good-faith estimate of the 

specific dollar valuation of actual damages and other relief at issue; and (4) the need for variance 

from the discovery limitations imposed by Local Rule and/or the Federal Rules of Civil Procedure, 

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including the grounds supporting the requested variance. Unilateral submissions are prohibited.

10. Magistrate Jurisdiction Election Form: As part of the Conference Report, the 

parties shall jointly complete and file with the Court the Magistrate Judge Jurisdiction Election 

Form appended to this Order as Attachment A. The Court will not accept unilateral submissions 

in this regard; thus, a “Yes” should be checked only if all parties agree. If the parties consent to a 

full disposition of the case by the Magistrate Judge, including trial and entry of final judgment, the 

parties shall jointly file the election form appended to this Order as Attachment B.

11. The parties are to submit Certificates of Interested Parties and Corporate 

Disclosure Statements. The Plaintiff, Defendant, Intervenors, and Amicus Curiae, including 

governmental parties, SHALL FILE a Certificate of Interested Persons and Disclosure Statement, 

which shall contain a complete list of persons, associated persons, firms, partnerships or 

corporations that have a financial interest in the outcome of this case, including ALL subsidiaries, 

conglomerates, affiliates, parent corporations, and other identifiable legal entities related to a party.

At a minimum, this list should include the parties and any counsel that have appeared in this case.

Next to each name should be the reason why such person or entity has a financial interest in the 

outcome of this case. For example, ABC Law Firm: counsel for Plaintiff XYZ Corporation. Each 

party shall file the original Certificate by the later of (a) 15 days from the date of this order; or

(b) if a party has not appeared in the case as of the date of this order, then such party may 

have until 15 days from the date of such party’s initial appearance. Throughout the pendency 

of this action, the parties shall be under a continuing duty to amend, correct, and update the 

Certificate. The parties SHALL NOT include the names of the assigned District Judge and 

Magistrate Judge, merely by virtue of this case being assigned to them.

10. The parties shall be under a continuing duty to ensure the Clerk of the Court is 

provided with the up-to-date service information.

11. In order to facilitate the accurate transcription of the trial proceeding, the parties 

shall provide the Court Reporter, Dawn Savino (Whitmarsh), at 400 N. Miami Ave., Suite 10-

1, Miami, Florida, 33128, Dawn_Whitmarsh@flsd.uscourts.gov with a copy or an email of: (a) 

the witness and exhibit lists, (b) a designation of unique proper nouns/names which may be used 

at trial, and (c) a list of the names of all attorneys who will participate in the trial, to be received 

no later than THREE (3) DAYS before calendar call.

12. If the case is settled, the parties are directed to immediately inform the Court at (305) 523-

5590 and file a notice of settlement. If the parties fail to notify the Court that they have settled before the 

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Court requests a jury pool, the parties shall be liable for the costs incurred in summoning a jury.

13. Mediation Required:In accordance with the deadline set forth below, the parties shall select 

a mediator certified under Local Rule 16.2(b) and schedule a time, date, and place for mediation. It is not 

necessary for the parties to file a motion requesting the Court to enter an order scheduling the mediation for 

this specific time, date, and place. 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 and all pro se litigants shall familiarize themselves with and adhere to all provisions of Local Rule 

16.2. The parties shall complete mediation in accordance with the deadline set forth below. The parties shall 

notify the Court of the results of the mediation (settled, impasse or adjourned to continue discussions) within 

FIVE (5) DAYS of the conclusion of the mediation.

SCHEDULING ORDER

The following timetable shall govern the pretrial procedures in this case. This schedule shall not be 

modified absent compelling circumstances. All motions for an enlargement of time for discovery and 

relating to dispositive motions must include a statement as to whether the requested extension will 

affect the trial date or any other deadline set forth in this timetable. Failure to include such a statement 

may be grounds for denial of the motion.

10-12-2020 Motions to join additional parties, amend the 

complaint, and class certification.

11-20-2020 Parties shall exchange expert witness 

summaries and reports.

11-20-2020 Parties shall exchange written lists containing 

the names and addresses of all witnesses 

intended to be called at trial and only those 

witnesses listed shall be permitted to testify.

12-7-2020 Parties exchange rebuttal expert witness 

summaries and reports.

Note: These provisions pertaining to expert

witnesses do not apply to treating physicians, 

psychologists or other health providers.

1-15-2021 A mediator must be selected.

2-28-2021 All discovery, including expert discovery, 

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shall be completed.

3-12-2021 All Daubert, summary judgment, and other 

dispositive motions must be filed. Each party 

is limited to filing a single Daubert motion of 

no more than 20 pages. Summary judgment 

motions, in addition to containing a 

Statement of Material Facts pursuant to Local 

Rule 56.1(a), shall be accompanied by a 

separately-filed Joint Statement of 

Undisputed Fact, which must include all 

relevant facts about which there is no material 

dispute. Each undisputed fact shall be 

individually numbered and separated by 

paragraphs. This filing is limited to 10 pages 

and does not otherwise change the parties’

obligation to comply with Local Rule 56.1.

Note: If there are any unresolved discovery 

disputes pending fifteen days prior to this 

date, the moving party shall immediately 

advise the Court of all such unresolved 

disputes together with their status.

3-19-2021 Mediation shall be completed.

4-1-2021 All pretrial motions and memoranda of law 

must be filed. Each party is limited to filing a 

single motion in limine, which may not, 

without leave of Court, exceed the 20-page 

limit allowed by the Rules.

4-15-2021 Joint Pretrial Stipulation must be filed.

4-22-2021 Proposed jury instructions and/or proposed 

findings of fact and conclusions of law must 

be filed.

4-29-2021 Proposed voir dire questions must be filed.

Failure to comply with this or any order of this Court, the Local Rules, or any other applicable 

rule may result in sanctions, including dismissal without prejudice or the entry of a default, without 

further notice.

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It is the duty of all counsel and pro se litigants to enforce the timetable set forth here to ensure an 

expeditious resolution of this cause.

DONE AND ORDERED in Chambers at Miami, Florida, this 20th day of August, 2020.

____________________________________

JOSE E. MARTINEZ

UNITED STATES DISTRICT JUDGE

Copies provided to:

Magistrate Judge Otazo-Reyes

All Counsel of Record

Case 1:20-cv-22051-JEM Document 9 Entered on FLSD Docket 08/20/2020 Page 7 of 10
[Attachment A]

UNITED STATES DISTRICT COURT FOR THE

SOUTHERN DISTRICT OF FLORIDA

CASE NO. -CIV-MARTINEZ

,

Plaintiff,

vs.

,

Defendant.

_____________________________________/

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 parties to the abovecaptioned civil matter hereby jointly and 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 for Costs Yes _____ No _____

2. Motions for Attorney’s Fees Yes _____ No _____

3. Motions for Sanctions Yes _____ No _____

4. Motions to Dismiss Yes _____ No _____

5. Motions for Summary Judgment Yes _____ No _____

6. Discovery Yes _____ No _____

7. Other (specify) _______________________________________

____________ ________________________________________

(Date) (Signature--Plaintiff’s Counsel)

____________ ________________________________________

(Date) (Signature--Plaintiff’s Counsel)

____________ ________________________________________

(Date) (Signature--Defendant’s Counsel)

____________ ________________________________________

(Date) (Signature--Defendant’s Counsel)

Case 1:20-cv-22051-JEM Document 9 Entered on FLSD Docket 08/20/2020 Page 8 of 10
[Attachment B]

UNITED STATES DISTRICT COURT FOR THE

SOUTHERN DISTRICT OF FLORIDA

CASE NO. -CIV-MARTINEZ

,

Plaintiff,

vs.

,

Defendant.

_____________________________________/

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 parties to the abovecaptioned civil matter hereby jointly and voluntarily elect to have a United States Magistrate Judge 

conduct any and all further proceedings in the case, including TRIAL, and entry of final judgment with 

respect thereto.

____________ __________________________________

(Date) (Signature--Plaintiff’s Counsel)

____________ __________________________________

(Date) (Signature--Plaintiff’s Counsel)

____________ __________________________________

(Date) (Signature--Defendant’s Counsel)

____________ __________________________________

(Date) (Signature--Defendant’s Counsel)

Case 1:20-cv-22051-JEM Document 9 Entered on FLSD Docket 08/20/2020 Page 9 of 10
[Attachment C]

DISCOVERY PROCEDURE FOR

MAGISTRATE JUDGE ALICIA M. OTAZO-REYES

The following discovery procedures apply to all civil cases assigned to United States 

District Judge Jose E. Martinez.

If parties are unable to resolve their discovery disputes without Court intervention, 

Magistrate Judge Alicia M. Otazo-Reyes will set the matter for hearing without the need for filing 

a motion.

The moving party must seek relief within fifteen (15) days after the occurrence of the 

grounds for relief by contacting Magistrate Judge Otazo-Reyes’ Chambers and requesting a 

hearing. Magistrate Judge Otazo-Reyes’ telephone number is (305) 523-5740 and her Chambers 

are located at 301 N. Miami Avenue, 10th Floor, Miami, Florida.

Once a hearing date is obtained, the movant shall provide notice to all relevant parties by 

filing a Notice of Hearing. The Notice of Hearing shall briefly specify the substance of the 

discovery matter to be heard and include a certification that the parties have complied with the 

pre-filing conference required by Southern District of Florida Local Rule 7.1(a)(3). 

No written discovery motions, including motions to compel and motions for protective 

order, shall be filed unless requested by Magistrate Judge Otazo-Reyes. It is the intent of this 

procedure to minimize the necessity of motions.

The Court expects all parties to act courteously and professionally in the resolution of their 

discovery disputes and to confer in an attempt to resolve the discovery issue prior to requesting 

the hearing. The Court may impose sanctions, monetary or otherwise, if the Court determines 

discovery is being improperly sought or is not being provided in good faith.

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