UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No. 20-22153-CIV-WILLIAMS

MARK E. MUNRO,

Plaintiff,

v.

I.C. SYSTEM, INC, et al.

Defendants.

 /

SCHEDULING ORDER

THIS MATTER is set for trial during the Court’s two-week trial calendar beginning 

on September 13, 2021 before the Honorable Kathleen M. Williams at 400 North Miami 

Avenue, Courtroom 11-3, Miami, Florida. Calendar call will be held at 11:00 a.m. on

September 7, 2021. A request for a pre-trial conference must be filed at least 30 days 

prior to the calendar call. Additionally, counsel are advised that all filings must comply 

fully with the Federal Rules of Civil Procedure, the Local Rules for the Southern District 

of Florida, and this Court's Practices and Procedures, which can be found at: 

http://www.flsd.uscourts.gov/?page_id=13071. 

I. Schedule. The Parties shall adhere to the following schedule:

September 1, 2020 The Parties shall furnish lists with names and 

addresses of fact witnesses in accordance with Rule 

26 of the Federal Rules of Civil Procedure. The Parties 

are under a continuing obligation to supplement 

discovery responses with ten (10) days of receipt or 

other notice of new or revised information.

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October 5, 2020 The Parties shall file motions to amend pleadings or 

join Parties.

April 2, 2021 The Plaintiff shall disclose experts, expert witness 

summaries and reports.

May 3, 2021 The Defendant shall disclose experts, expert witness 

summaries and reports.

June 1, 2021 The Parties shall exchange rebuttal expert witness 

summaries and reports.

June 1, 2021 The Parties shall complete all discovery, including 

expert discovery.

June 8, 2021 The Parties shall complete mediation and file a 

mediation report with the Court.

June 14, 2021 The Parties shall file all dispositive pre-trial motions 

and memoranda of law. The Parties shall also file any 

motions to strike or exclude expert testimony, whether 

based on Federal Rule of Evidence 702 and Daubert 

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v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 

(1993), or any another basis.

July 9, 2021 The Parties shall each file one motion in limine in 

accordance with Section IV below. All motions in limine

must be filed at least six weeks before calendar call. 

August 2, 2021 The Parties shall file a joint pre-trial stipulation, exhibit 

lists, and witness lists in accordance with Local Rule 

16.1(d) and (e) and Section V below. The Parties shall 

also file proposed jury instructions or conclusions of 

law (for non-jury trials) in accordance with Section VI 

below. 

August 2, 2021 The Parties shall file their deposition designations in 

accordance with Section VII below.

II. Mediation. Within thirty (30) days of the date of this Order, the Parties 

shall: select a mediator certified under Local Rule 16.2(b); schedule a 

time, date, and place for mediation; and jointly file a notice scheduling 

mediation as shown on the Sample Form Order Scheduling Mediation found 

in the Forms located on the Court’s website. If the Parties cannot agree on a 

mediator, they shall notify the Clerk in writing immediately, and the Clerk shall 

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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. 

Once filed, the Parties’ notice scheduling mediation shall bind the Parties. 

The Parties’ mediation date shall not be rescheduled without leave of 

Court. The parties are responsible for ensuring that within three business days 

of the mediation, a mediation report is filed, indicating whether the case settled 

(in full or in part), was continued with the consent of the parties, or whether the 

mediator declared an impasse.

III. Motions. Strict compliance with the Local Rules is expected with regard to 

motion practice. See Local Rule 7.1. For example, when filing non-dispositive 

motions, the moving Party SHALL submit a proposed order in Word format via 

email to chambers at Williams@flsd.uscourts.gov. Local Rule 7.1(a)(2). 

Counsel for the moving party MUST also confer, or make a reasonable effort 

to confer, before filing certain motions, as required by Local Rule 7.1(a)(3). 

All motions and attachments to motions are required to be filed in a text 

searchable format pursuant to CM/ECF Administrative Procedure 3G(5).

Strict compliance with the Local Rules is also expected with regard to 

motions for summary judgment. See Local Rule 56.1. For example, the 

moving Party must contemporaneously file a statement of undisputed material 

facts, delineating by number each material fact, supported with specific 

citations to the record (Docket Entry, Exhibit, Page Number(s)). The 

opposing Party must file contemporaneously with its opposition a response to 

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the statement of material facts, which shall respond by corresponding number 

to each of the moving Party’s statement of material facts. Local Rule 56.1(a). 

The opposing Party shall state, based on citations to the record, whether each 

fact is disputed or undisputed. If the fact is disputed, the opposing Party shall 

state why the dispute is a material one. “All material facts set forth in the 

movant’s statement . . . will be deemed admitted unless controverted by the 

opposing party’s statement, provided that the Court finds that the movant’s 

statement is supported by evidence in the record.” Local Rule 56.1(b). These 

procedures shall also apply to the moving Party when responding to any 

additional facts set forth in the opposing Party’s statement of material facts.

The Parties may stipulate to extend the time to answer interrogatories, 

produce documents and answer requests for admission. 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, for hearing 

a motion, or for trial. Such stipulations may be made only with the Court’s 

approval. See Fed. R. Civ. P. 29. In addition to the documents enumerated in 

Local Rule 26.1(b), the Parties shall not file notices of deposition with the Court.

Any Party seeking to make a filing under seal shall comply with Local Rule 

5.4. The Parties cannot override the requirements of that Rule through a joint 

protective order.

Any party seeking to change any of the above deadlines must file a Motion 

to Continue or Motion for Extension of Time. Pursuant to this Court’s Practices 

and Procedures, “[a]bsent an emergency, requests for extensions of time must 

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be presented to the Court, by motion, no later than 48 hours prior to the 

deadline from which the Parties are seeking relief. Sanctions may be imposed 

for non-emergent requests made less than 48 hours prior to the deadline.” 

Notices of unavailability will not be construed as motions to continue or 

otherwise operate to change the Court’s schedule in any way.

IV. Motions in Limine. The Parties may each submit only one (1) motion in limine

that identifies up to ten (10) evidentiary issues they seek to raise to the Court. 

The motion may not exceed twenty (20) pages in length. Each evidentiary 

issue must be numbered, and must specifically identify the evidence sought to 

be excluded or included at trial, with citations to legal authority supporting the 

evidentiary ruling requested. The opposing party's responses in opposition to 

the motions in limine shall correspond with the order and with the numbering 

scheme used by the movant. Any reply from the movant must also correspond 

with the order and numbering used in the movant’s initial motion. 

Prior to filing a motion in limine, the Parties MUST meet and confer 

regarding each evidentiary issue they intend to raise, and certify that they met 

and conferred in accordance with Local Rule 7.1(a)(3). The Parties may only 

present those evidentiary issues that remain contested in their respective 

motions in limine. 

V. Pre-Trial Stipulation, Exhibit Lists, and Witness Lists. The Parties’ joint pre-trial 

stipulation, exhibit lists, and witness lists must be submitted in accordance with 

Local Rule 16.1(d) and (e). The Parties must submit their witness lists in the 

format provided in Attachment A, and their exhibit lists in the format provided 

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in Attachment B. The witness lists shall include only those witnesses the 

Parties actually intend to call at trial. In the description for each witness, the 

Party shall include a brief synopsis of the witness’s testimony, the exhibits that 

the Party intends to introduce through the witness, and, in consultation with 

opposing counsel, the estimated time needed for direct and cross examination. 

The exhibit lists shall identify each witness that will introduce each exhibit. 

VI. Jury Instructions or Conclusions of Law (for Non-Jury Trials). Joint proposed 

jury instructions or conclusions of law (for non-jury trials) shall outline: 1) the 

legal elements of Plaintiff’s claims, including damages; and 2) the legal 

elements of the defenses that are raised. The Parties shall submit proposed 

jury instructions jointly, though they need not agree on each and every 

instruction. If the Parties do not agree on a proposed instruction, the language 

proposed by plaintiff shall be underlined and the language proposed by 

defendant shall be italicized. Every instruction must be supported by a citation 

of authority. The Parties shall use the Eleventh Circuit Pattern Jury Instruction 

for Civil Cases, including the directions to counsel. If a deviation from the 

Pattern is requested, the parties shall specifically provide a citation of authority 

supporting the deviation. The Parties shall submit their proposed instructions 

via email in Word format to chambers at Williams@flsd.uscourts.gov. 

VII. Deposition Designations. For each unavailable witness, the Parties shall 

confer and submit a joint deposition designation. The party offering the 

testimony shall select a color and highlight the pages and lines which they wish 

to introduce. The non-introducing party shall then underline in red the portions 

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of the designated testimony objected to and in the margins indicate the basis 

for the objection (i.e., irrelevant, hearsay, etc.). The non-introducing party shall 

also select a color and submit to the Court those additional pages and lines 

that they deem counter designated. In turn, the introducing party shall 

underline in red the portions of the counter-designated testimony objected to 

and indicate in the margins the basis for their objection. 

VIII. Settlement. If the case settles in whole or in part, counsel must inform the 

Court immediately by emailing chambers at Williams@flsd.uscourts.gov and 

promptly thereafter filing a joint stipulation of dismissal.

DONE AND ORDERED in chambers in Miami, Florida, this 7th day of May, 2020.

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ATTACHMENT A

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No. XX-XXXXX-CIV-WILLIAMS

PARTY NAME,

Plaintiff(s),

vs.

PARTY NAME,

Defendant(s).

___________________/

[PARTY’S] WITNESS LIST

PRESIDING JUDGE: 

Hon. Kathleen M. Williams

PLAINTIFF’S 

ATTORNEY

DEFENDANT’S 

ATTORNEY

TRIAL DATE(S): COURT REPORTER COURTROOM DEPUTY

PL

F.

NO

.

DEF

.

NO.

LIVE or BY 

DEPOSITI

ON

DIREC

T 

(est.)

CROS

S

(est.)

ADDRESS DESCRIPTION OF WITNESS EXHIBIT(

S)

Case 1:20-cv-22153-KMW Document 19 Entered on FLSD Docket 08/10/2020 Page 9 of 10
ATTACHMENT B

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No. XX-XXXXX-CIV-WILLIAMS

PARTY NAME,

Plaintiff(s),

vs.

PARTY NAME,

Defendant(s).

___________________/

[PARTY’S] EXHIBIT LIST

PRESIDING JUDGE: 

Hon. Kathleen M. Williams

PLAINTIFF’S 

ATTORNEY

DEFENDANT’S 

ATTORNEY

TRIAL DATE(S): COURT 

REPORTER

COURTROOM 

DEPUTY

PLF.

NO.

DEF.

NO.

DATE 

OFFERED

OBJECTIONS MARKED ADMITTED DESCRIPTION OF EXHIBITS WITNESS

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