1

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 20-61091-CIV-DIMITROULEAS

ED FEDERKEIL RACING, INC.,

Plaintiff,

v.

FIRE SERVICE PLUS, INC.,

Defendant.

_____________________________________/

ORDER REQUIRING COUNSEL TO MEET, FILE JOINT SCHEDULING REPORT 

AND JOINT DISCOVERY REPORT

THIS ORDER has been entered upon the filing of the Notice of Removal [DE 1]. It is 

hereby ORDERED as follows:

1. The Court will only consider motions filed in this Court=s docket; therefore, any party 

wishing to have the Court rule on a motion that was pending in state court upon the removal of this 

action must refile that motion in this Court=s docket. 

2. Pretrial discovery in this case shall be conducted in accord with Federal Rule of Civil 

Procedure 26 and Southern District of Florida Local Rule 16.1.

3. Within thirty-five (35) calendar days of the filing of the first responsive pleading by the 

last responding defendant, unless this action is excluded under Rule 26(a)(1)(B), the parties shall 

file a Joint Scheduling Report and Joint Proposed Order pursuant to Local Rule 16.1.B.2.1 In 

preparing the Joint Scheduling Report and Joint Proposed Order the parties shall adhere to the 

following deadlines:

 1

 This time period is inclusive of the additional time provided pursuant to Rule 6(d). 

Case 0:20-cv-61091-WPD Document 6 Entered on FLSD Docket 06/05/2020 Page 1 of 3
2

A. The parties must confer within fifteen (15) calendar days after the filing of the 

first responsive pleading by the last responding defendant, to consider the nature and basis of their 

claims and defenses and the possibilities for a prompt settlement or resolution of the case, to make 

or arrange for the disclosures required by Rule 26(a)(1), and to develop a proposed discovery plan 

that indicates the parties= views and proposals concerning the matters listed in Rule 26(f). The 

parties are jointly responsible for submitting a written report of this conference outlining the 

proposed discovery plan at the time they file their Joint Scheduling Report and Joint Proposed 

Order.

B. Counsel for the parties shall hold a scheduling conference either at the same 

time as the discovery conference described in Rule 26(f) or within ten (10) calendar days 

thereafter. See Local Rule 16.1.B.

C. Within seven (7) calendar days of the scheduling conference, counsel shall file 

a joint scheduling report pursuant to Local Rule 16.1.B. This report shall indicate the 

proposed month and year for the trial plus the estimated number of trial days required. Should 

this be a case in which a class is sought, the report shall include a date by which any motions for 

class certifications shall be filed.

D. The Court notes that, pursuant to Local Rule 16.2, parties are required to agree 

upon a mediator and advise the Clerk=s office of their choice within fourteen (14) days of this 

Court issuing a Scheduling Order. 

4. The parties may submit a single report combining the discovery plan report and the 

scheduling conference report. However, unilateral submissions are prohibited.

5. Failure of counsel or unrepresented parties to file a discovery plan report or joint 

Case 0:20-cv-61091-WPD Document 6 Entered on FLSD Docket 06/05/2020 Page 2 of 3
3

scheduling report may result in dismissal, default, and the imposition of other sanctions including 

attorney=s fees and costs.

6. If a case is settled, counsel are directed to inform the Court promptly at (954) 769-

5650, and to submit an appropriate stipulation Order for Dismissal, pursuant to Rule 41(a)(1) . 

Such an Order must be filed within ten (10) calendar days of notification of the Court. If the parties 

expect the Court to retain jurisdiction over a settlement agreement, the stipulation of dismissal 

must include language conditioning the stipulation on the Court retaining jurisdiction to enforce 

the settlement agreement.2

DONE AND SIGNED in Chambers at Fort Lauderdale, Broward County, Florida, this 5th

day of June, 2020.

Copies furnished to:

Counsel of record

 

2 “[F]or a district court to retain jurisdiction over a settlement agreement where the parties dismiss the case by filing a 

stipulation of dismissal pursuant to Rule 41(a)(1)(A)(ii) . . . the parties must condition the effectiveness of the 

stipulation on the district court’s entry of an order retaining jurisdiction.”) Anago Franchising, Inc. v. Shaz, 

LLC, 677 F.3d 1272, 1280 (11th Cir. 2012)(emphasis added). 

Case 0:20-cv-61091-WPD Document 6 Entered on FLSD Docket 06/05/2020 Page 3 of 3