UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 20-21913-C1V-UN GARO

JOSE PADILLA,

Plaintiffts),

GULF COAST COLLECTION BUREAU, lNC.,

Defendantts).

SCHEDULING ORDER FOR PRETRIAL

CONFERENCE AND TRIAL

THIS CAUSE is set for Pretrial Conference at 10:00 A.M . on NOVEM BER 20, 2020 in

the Courthouse Building, 400 N orth M iam i Avenue, Courtroom 12-4, M iam i, Florida 33128. The

parties shall be prepared to argue the merits of any pending motionts) at the Pretrial Conference.

Settlement negotiations shall notjustify any failure by the parties to conduct discovery. The

parties shall adhere to the following time schedule:

TIM E SCHEDULE

Cut-off date for adding parties or amending pleadings

A11 discovery must be completed by

A1l motions including summaryjudgment motions, motions

related to summary judgment motions and Daubert motions, and

motions related to trial evidence must be filed by

Joint Pretrial Stipulation, Jury Instructions or Proposed

Findings of Fact and Conclusion of Law must be tiled by

JULY 17, 2020

SEPTEM BER 18, 2020

O CTOBER 9, 2020

OCTOBER 23, 2020

ALL EXPERT DISCOVERY M UST BE CO M PLETED BY THE DISCOVERY CUT- O FF.

TH EREFORE, THE PARTIES M UST AGREE UPO N A SCH EDULE FOR EXPERT

DISCLO SURES AND DEPO SITIO NS W H ICH W ILL FACILITATE TH EIR

COM PLETION BY THAT DATE.THE PLAINTIFFSHALL FILETHE SCHEDULEW ITH

THE COURT W ITHIN 30 DAYS O F TH E ISSUANCE OF TH IS O RDER. TH E C O NT ENT

OF THE EXPERT DISCLOSURES M UST CONFORM TO THE REQUIREM ENTS OF

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FEDERAL RULE OF CIVIL PR OCEDURE 26.

THE TIM E SCH EDULE CONTAINED IN THIS ORDER M AY NOT BE M ODIFIED

ABSENT PRIOR ORDER OF THE CO URT. IN THE EVENT TH E COURT GM NTS A

CONTINUANCE O F THE ORIGINALLY SCHEDULED TRIAL DATE, ALL O TH ER

DATES,INCLUDING TH EPM TW AL CO NFEM NCE DATE,SH ALL M M AIN IN FULL

FORCE AND EFFECT UNLESS THE COURT STATES O THERW ISE IN W RITING.

To the extent this Order conflicts with the Local Rules, this order supersedes them . Each

attorney and each self-represented party is charged with the duty of com plying with this Order.

Failure to comply with the time schedule may result in dismissal or other sanctions. The parties are

precluded from filing unilateral pretrial stipulations', any party causing unilateral pre-trial stipulations

to be filed will be required to show cause why sanctions should not be im posed.

Exhibits must be pre-marked and exchanged prior to execution of the Joint Pretrial

Stipulation. Each exhibit should be m arked with a sticker identifying the case number, exhibit

number, and party offering the exhibit.

The Joint Pretrial Stipulation shall include a num bered list of trial exhibits, other than

impeachment exhibits, with objections, if any, to each exhibit, including the basis for objections as

provided in Local Rule 16.1(E)(9). The list of exhibits must list individual exhibits or individual

composite exhibits and must include a column renecting the opposing party's objections. The

Court requires use of the form attached hereto as exhibit diA.'' The Iist of exhibits also shall

identify those w hich the party expects to offer and those which the party m ay offer if the need

arises. The failure of aparty to object to the exhibits listed in the Pretrial Stipulation shall constitute

a waiver of any objections, including objections under Rules 402 and 403 of the Federal Rules of

Evidence.

The Joint Pretrial Stipulation also shall include a num bered list of trial witnesses, with their

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addresses, separately identifying those whom the party expects to present,those whom the partymay

call if the need arises, and those who will testify as experts. Impeachm ent witnesses need not be

listed. W itnesses whose testim ony is expected to be presented by deposition shall be so designated

on the witness lists. No later than the date of the Pretrial Stipulation, the party offering a deposition

shall file with the Court designations of the pages and lines of deposition testimony to be offered at

trial, together with the opposing party's cross-designations and objections to the offering party's

designations, and the offering party's objections to cross-designations.Any party that intends to

present testimony by deposition shall contact the Courtroom Deputy at (305) 523-5555 to obtain the

fonn that the attorneys m ust use for deposition designations, cross-designations and objections.

The parties also must subm it Joint Stipulated Proposedlury Instructions and alointproposed

Verdict Form concurrently with submission of the Pretrial Stipulation.

YOU ARE HEREBY NOTIFIED that the above-styled cause is set for TRIAL during the

two-week period comm encing DECEM BER 14, 2020, at 9:00 a.m ., before the Honorable Ursula

Ungaro. Counsel shall report to a Call of the trial calendar at 1:00 p-m . on DECEM BER 9, 2020,

for a two-week trial calendar. At this tim e, each case will be assigned a num ber for trial. Al1 cases

will remain on the calendar until tried or until further notice is received by counsel from the Court.

lf this case is to be tried by jury, the parties must submit proposed voir dire questions

necessary to bring out infonnation other than the identity or experience of prospectivejurors no later

than the Calendar Call.

W ITH R EGA RD TO SETTLEM EN T, if a case is settled, counsel are directed to inform the

Court promptly at (305) 523-5550 and to submit an appropriate Order for Dismissal, pursuantto Fed.

R. Civ. P. 41(a)(1). Such an Order must be filed within five (5) days of notification to the Court.

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YOU ARE HEREBY REOUIRED TO FILE, within ninety (90) days this Order, an

Interim Joint Status Report answering the following questions:

Have a11 the defendants been served and answered the complaint? lf not, state the reasonts)

for the failure to do so.

If this is a class action, has a motion for class certification been filed? If so, what is its

status?

If discovery is not closed, what is the parties' agreed upon plan for the com pletion of

discovery by the deadline, including but not lim ited to the exchange of a1l relevant electronically

stored inform ation?

4. Are there any m otions pending? If so, indicate the status of each motion separately.

Have the parties filed their Notice of Selection of M ediator as required by the Court's Order

of Referral to M ediator?

Have the parties agreed to a place, date and time for m ediation and has the lead attorney for

the plaintiffts) completcd the form Order Scheduling Mediation and submitted it to the Court? If

not, state the reasonts) for the failure to do so.

Have the parties engaged in informal settlem ent negotiations? lf so, explain the extent of the

negotiations. If not, explain the reasonts) for the failure to do so.

8. If the case is less than five days to try, have the parties conferred and have they agreed to

trial before a U.S. M agistrate Judge, wherein a date certain for trial may be given?

Absent leave of the Court, the parties shall comm unicate with the Court solely by m otion or

notice fled with the Clerk of Court and appropriately served on the other parties. Any party who,

without receiving leave of Court, mails correspondence directly to the Court will be considered in

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contempt of this Order.

DISCOVERY DISPUTES: In cases assigned to M agistrate Judge O'Sullivan, M agistrate

Judge O 'Sullivan holds a regular discovery calendar. In the event the case is assigned to Judge

O 'Sullivan, no written discovery m otions, including m otions to com pel, for protective order,

or related m otions for sanctions shall be filed unless M agistrate Judge O 'Sullivan so directs

at his discovery calendar. Counselmust actually confer in a genuine effort to resolve their

discovery disputes before noticing the dispute for Judge O'Sullivan's discovery calendar. The Court

may impose sanctions, monetary of otherwise, if it determines discovery is being improperly sought

or being withheld in bad faith. 1f, after confening, the parties are unable to resolve their discovery

dispute without Court intervention, they shall not file written m otions. Rather, the ûimoving party''

shall contact the chambers of M agistrate Judge O'Sullivan at (305) 523-5920 and place the matter

on the next available discovery calendar.

DISCOVERY DISPUTES IN ALL OTH ER CASES: The parties shall comply with the

Federal Rules of Civil

particularly Rules 7.1(a)(3) and 26.1.

Procedure and the Local Rules for the Southern District of Florida,

/? day of June, DoxE and ORDER-ED at M iam i, Florida, this 2020. - -

URSULA UNGARO

UNITED STATES DISTY CT JUDGE

cc: Al1 Counsel of Record

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