Joint Planning and Scheduling Report. 1

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

Case No. 1:20-cv-22162-JEM

JULIO LEE HERNANDEZ,

Plaintiff,

vs.

GALENOS MEDICAL CENTER CORP., 

and MARIA C. ELOY,

Defendants.

___________________________________/

JOINT PLANNING AND SCHEDULING REPORT

Pursuant to Fed. R. Civ. P. 26(f), Local Rule 16.1(b)(2) the undersigned counsels for

Plaintiff Julio Lee Hernandez, (“Hernadez”), Galenos Medical Center Corp. (“Galenos”) and 

Maria C. Eloy (“Eloy”) this Joint Planning and Scheduling Report as follows: 

A. Likelihood of Settlement: At this point, the parties view settlement as unlikely. 

Discovery is needed so the parties can have a better idea of each sides’ evidence and the strengths 

of their claims and defenses.

B. Likelihood of appearance in the action of additional parties: Defendant believes

he may join an additional Defendant and move to dismiss another but does not anticipate needing

more time than that stipulated. Defendant will try to stipulate to party substitution with counsel for 

Plaintiff. 

C. Proposed limits on time: \e parties propose the following schedule: 

Date Event

November 2, 2020 Deadline to join additional parties and amend claims.

November 28, 2020 Plaintiff to disclose Expert(s) and Expert Reports on Affirmative 

Claims. 

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Joint Planning and Scheduling Report. 2

December 15, 2020 Exchange List of Fact Witnesses intended to be called at trial (to be 

timely supplemented).

December 26, 2020 Defendants to disclose Expert(s) and Expert Reports. 

December 14, 2020 Complete Fact Discovery.

February 22, 2021 Complete Expert Discovery.

March 1, 2021 File Dispositive Motions.

March 12, 2021 File Daubert Motions.

March 15, 2021 Mediation completed.

April 15, 2021 File Motions in Limine and all other pretrial motions.

May 5, 2021 File Responses to Dispositive Motions.

May 16, 2021 Exchange Exhibits.

June 3, 2021 Serve Deposition Designations.

June 10, 2021 Serve Deposition Cross Designations.

June 17, 2021 Serve Deposition Re-Direct Designations.

July 2, 2021 Joint Pretrial Stipulation.

July 1, 2021 Witness and Exhibit Lists.

July 8, 2021 Joint Summary of Respective Motions in Limine filed.

July 15, 2021 Final Proposed Jury Instructions, Witness Synopses, Proposed Voir 

Dire Questions, and Deposition Designations.

July 22, 2021 Calendar Call – Final Pre-trial conference.

July 29, 2021 3-day Jury Trial. 

D. Proposals for simplification of issues: At this point the parties believe this is not 

a complex case that can be completed within the timeframes proposed supra. 

E. Necessity of amendments to the pleadings: Plaintiff may timely amend his 

pleading as authorized by the applicable rules and will seek leave of Court should he need to amend 

after the applicable deadlines. 

F. Possibility of obtaining admissions of fact and of documents, electronically 

stored information (“ESI”), or things which will avoid unnecessary proof, stipulations 

regarding authenticity of documents, ESI or things, and the need for advance rulings from 

the Court on admissibility of evidence: \e parties will formulate a Discovery plan that 

minimizes the need for Court involvement. 

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Joint Planning and Scheduling Report. 3

G. Suggestions for avoidance of unnecessary proof and of cumulative evidence: 

\e parties will work diligently to avoid cumulative evidence and to streamline discovery 

information. 

H. Suggestions on the advisability of referring matters to a Magistrate Judge or 

Master: \e parties agree to have the Magistrate Judge rule on all Discovery disputes and on 

motions for attorney’s fees and costs. 

I. Preliminary estimate of the time required for trial: \e parties agree that trial in 

this matter could take approximately three (3) days. 

J. Requested date or dates for conferences before trial, a final pretrial 

conference, and trial: (1) Final pretrial conference: July 22, 2021; (2) Trial: July 29, 2021. 

K. Any issues about: 

(i) Disclosure, discovery, or preservation of electronically stored 

information, including the form or forms in which it should be produced: \e parties will 

work diligently to resolve any issues regarding disclosure, discovery or preservation without the 

need for court intervention. More specifically, the parties agree to use the framework of this 

Court’s ESI Checklist and when a final agreement is reached, submit it to the Court. 

(ii) Claims of privilege or of protection as trial-preparation materials, 

including – if the parties agree on a procedure to assert those claims after production –

whether to ask the court to include their agreement in an order under Federal Rule of 

Evidence 502: \e parties will work diligently to resolve any issues regarding claims of privilege. 

(iii) When the parties have agreed to use the ESI Checklist available on the 

Court’s website (www. flsd.usgourts.gov): \e parties will use the ESI Checklist from this 

Court’s website or a checklist that is substantially similar to it. 

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Joint Planning and Scheduling Report. 4

Dated: July 22, 2020

SERVICE LIST

Galenos Medical Center Corp and,

Maria C. Eloy. 

Julio Lee Hernandez

Eduardo A. Maura

Florida Bar No. 91303

Luis F. Quesada

Florida Bar No. 1010305

Ayala Law P.A.

1390 Brickell Avenue, 335

Miami, FL 33131

Phone: 305-570-2208

Facsimile: 305-503-7206

eayala@ayalalawpa.com

Zandro E. Palma

Florida Bar No. 24031

`e Law Offices of Zandro E. Palma, P.A.

9100 S. Dadeland Blvd, Suite 1500

Miami, FL 33156

Phone: 305-446-1500

Facsimile: 305-446-1502

zep@thepalmalawgroup.com

Richard Tuschman, Esq.

Florida Bar No. 907480

Richard D. Tuschman, P.A.

8551 W. Sunrise Blvd. Ste. 303.

Plantation, FL 33322

Phone: 754-551-5630

rtuschman@gtemploymentlawyers.com

By: /s/Eduardo A. Maura

Eduardo A. Maura

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