UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

CASE NO. 1:20-cv-22603-GOODMAN

[CONSENT]

ERIC CHAVEZ, et al.,

Plaintiffs,

v.

GRILL ENTERPRISES, LLC, et al.,

Defendants.

__________________________________/

ORDER SPECIALLY SETTING CIVIL JURY TRIAL

AND PRETRIAL SCHEDULE AND REQUIRING MEDIATION

Trial is scheduled to commence on Monday, May 8, 2023 at 9:30 AM before 

Jonathan Goodman, United States Magistrate Judge, James Lawrence King Justice 

Building, 99 NE 4th Street, 11th Floor, Miami, Florida. The Court has reserved 4 days for 

this trial.

IT IS ORDERED AND ADJUDGED as follows:1

l. The pretrial conference is set for Wednesday, April 26, 2023 at 1:00 PM.

Each party shall be represented at the pretrial conference and at the meeting required by 

1 If any of the deadlines are problematic, then the parties may, by Wednesday, 

March 15, 2023, file a motion to modify, after consulting with opposing counsel.

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Local Rule 16.1(d) by the attorney who will conduct the trial, except for good cause 

shown. Local Rule 16.1(c).

2. Counsel must meet at least 15 days before the pretrial conference date to 

confer on the preparation of a pretrial stipulation.

3. The original and one copy of a Joint Pretrial Stipulation must be filed on or 

before the date set forth below in the timetable. 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 claim, to be read as an introduction for voir dire 

examination. The Court will not accept unilateral pretrial stipulations, and will strike sua 

sponte 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. Upon receipt of such certification, the Court shall issue an 

order requiring the non-cooperating party or parties to show cause why such party or 

parties (and their respective attorneys) have failed to comply with the Court’s order.

4. Proposed jury instructions and verdict form must be submitted at least 

ONE WEEK prior to the trial date. The parties shall submit a SINGLE JOINT set of 

proposed jury instructions and verdict form, though the parties need not agree on the 

proposed language of each or any instruction or question on the verdict form. Where the 

parties do agree on a proposed instruction or question, that instruction or question shall 

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be set forth in Palatino Linotype 14 point typeface. Instructions and questions proposed 

only by Plaintiff to which Defendant(s) objects shall be italicized. Instructions and 

questions proposed only by Defendant(s) to which Plaintiff objects shall be bold-faced.

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 basis for the 

objection(s) at the bottom of the sheet, before the citations of authority. In preparing their 

requested jury instructions, the parties shall utilize as a guide the Pattern Jury 

Instructions for Civil Cases approved by the United States Eleventh Circuit Court of 

Appeals, including the Directions to Counsel contained therein. A copy of the proposed 

jury instructions and verdict form shall be delivered to chambers at the time of filing, 

together with a flash drive containing the draft saved in Microsoft Word format.

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

the letter “P” as a prefix and Defendant’s exhibits shall be marked with the letter “D” as 

a prefix. A typewritten exhibit list setting forth the number 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.

6. A Motion for Continuance shall not stay the requirement for the filing of a 

Pretrial Stipulation and, unless an emergency situation arises, a motion for continuance 

will not be considered unless it is filed at least 20 days prior to the date on which the trial 

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is scheduled to commence. Any party moving for a continuance of the trial date must 

include a signed acknowledgement from the client, confirming the client's awareness 

of, and agreement to, the requested trial continuance. This acknowledgement may be in 

fax or email form and may either be on the signature page of the motion or on a separate 

acknowledgement form, as an attachment to the motion. If the movant is a corporation, 

then the person signing the acknowledgement must be an authorized representative who 

is familiar with the litigation. In addition, if the motion is agreed to, unopposed, or a joint 

motion, then this same written acknowledgement is required for all parties. The Court 

will be flexible about the format and the precise language used, as long as the 

acknowledgment unequivocally reflects that the client agrees to the requested trial 

continuance. If multiple parties are involved, then signed acknowledgements from all 

parties are required. A continuance of the trial date will be granted only on a showing of 

compelling circumstances. 

7. Non-compliance with any provision of this Order may subject the 

offending party to sanctions, including dismissal of claims or striking of defenses. It is 

the duty of all counsel to enforce the timetable set forth herein in order to ensure an 

expeditious resolution of this cause.

8. The following timetable shall govern the pretrial procedures in this case.

This schedule shall not be modified absent compelling circumstances. All motions for an 

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enlargement of time must include a statement as to whether the requested extension 

will affect the trial date or any other deadline set forth in this timetable.

Days prior to 

Trial Date

Passed Motions to join additional parties, amend pleadings, 

and certify class must be filed.

Passed All fact discovery must be completed. Per Local Rule 

26.1(f), written discovery requests and subpoenas 

seeking the production of documents must be served 

in sufficient time that the response is due on or before 

the discovery cutoff date. Depositions, including any 

non-party depositions, must be scheduled to occur on 

or before the discovery cutoff date. Failure by the party 

seeking discovery to comply with this paragraph 

obviates the need to respond or object to the discovery, 

appear at the deposition, or move for a protective 

order.

Counsel may, by agreement, conduct discovery after 

the expiration of the discovery deadline, but should 

not rely on the Court to resolve any discovery disputes 

arising after the discovery cutoff date. In addition, 

counsel should not seek to extend any deadline, 

including summary judgment-related deadlines, 

based on post-deadline discovery pursuant to this 

provision.

Note: In the event that there are any unresolved discovery 

motions pending 15 days prior to this date, the moving 

party shall immediately advise the Court of all such 

unresolved motions together with their status.

Passed Parties shall furnish opposing counsel with a written 

list containing the names and addresses of all 

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witnesses including expert witnesses intended to be 

called at trial and only those witnesses listed shall be 

permitted to testify.

Passed Parties shall furnish opposing counsel with a written 

report from each expert intended to be called at trial. 

Within the 21-day period following service of each 

expert’s written report, the parties shall make their

experts available for deposition by opposing counsel. 

The experts’ depositions may be conducted without 

further order from the Court.

Passed All initial expert discovery must be completed.

Passed If a party elected to use experts and disclosed them, 

then the opposing party shall furnish a written list 

containing the names and addresses of any rebuttal 

expert witnesses intended to be called at trial. 

Passed A party using any rebuttal expert witnesses shall 

furnish opposing counsel with a written report from 

each rebuttal expert intended to be called at trial. 

Within the 14-day period following service of each 

expert’s report, the party shall make its experts 

available for deposition by opposing counsel. The 

experts’ depositions may be conducted without further 

order from the Court.

Passed All rebuttal-expert discovery must be completed.

Note: Only those expert witnesses whose identities and 

reports have been timely disclosed according to the 

deadlines established in this Order shall be permitted 

to testify at trial or have affidavits submitted in 

connection with motion practice. 

Passed All summary judgment, dispositive and Daubert

motions must be filed.

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Passed All responses to summary judgment, Daubert, and 

other dispositive motions must be filed.

Passed All replies to summary judgment, Daubert, and other 

dispositive motions must be filed. If the moving party 

does not intend to file a reply, then they shall promptly 

notify chambers when the response is filed.

March 23, 2023 All motions in limine and other pretrial motions must 

be filed. Each party may file only one motion in limine. 

That motion may include several issues, but only one 

motion is permitted absent further court order. That 

means the motion (with incorporated memorandum of 

law) may not exceed 20 pages, absent leave of Court, 

regardless of how many topics are raised in the in 

limine motion.2

March 23, 2023 Any party wishing to use a deposition as substantive 

evidence must so designate by line and page reference 

those portions in writing and the designations must be 

served on opposing counsel.

April 3, 2023 All responses in opposition to motions in limine must 

be filed. No replies will be permitted absent specific 

court order.

2 Counsel must comply with Local Rule 7.1 and confer with opposing counsel before 

filing in limine motions. There is no need to file a motion in limine on a topic on which 

the opposing party agrees, such as a motion in limine to prohibit Plaintiff’s counsel from 

mentioning the wealth of the defendant, a motion in limine to prohibit a “send-amessage” closing argument in a case not involving punitive damages, or a motion in 

limine to prohibit defense counsel from suggesting that insurance premiums might 

increase in the state if a large damages verdict were to be returned in plaintiff’s favor. 

These illustrative motions all involve issues on which most lawyers would agree most of

the time. Thus, in the absence of an attorney taking an atypical position that the usuallyprohibited topics are for some reason permitted in this specific case, a Local Rule 7.1 

conferral will establish that a motion in limine to prohibit what no one is seeking to do is 

unnecessary.

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April 3, 2023 The adverse party on whom depositions have been 

served to use as substantive evidence must file any 

objections to the designations, including “any other 

part which ought in fairness to be considered with the 

part introduced.” Fed. R. Civ. P. 32(a)(4).

April 24, 2023 Joint Pretrial Stipulation must be filed. Failure to file a 

Joint Pretrial Stipulation on or before this day shall be 

grounds for dismissal.

May 1, 2023 Proposed jury instructions and verdict form must be 

filed. Failure to timely file jury instructions and verdict 

forms as directed above shall be grounds for sanctions, 

including dismissal.

9. If the case is settled, then counsel are directed to inform the Court promptly 

at (305) 523-5720 and to file a notice of settlement within two days of calling chambers on 

CM/ECF. A stipulation for dismissal signed by all parties together with an appropriate 

Order of Dismissal, pursuant to Fed. R. Civ. P. 41(a)(1) must be filed on CM/ECF within 

15 days of filing the notice of settlement.

10. 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 hearing a motion, or for trial. Stipulations that would so 

interfere may be made only with the Court’s approval. See Fed. R. Civ. P. 29. This Order 

does not alter the parties’ obligations to meet and make initial disclosures under Fed. 

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R. Civ. P. 26. The parties need not, however, file any proposed scheduling orders under 

Fed. R. Civ. P. 16.

11. Zoom Mediation Requirement. The Court will require the parties to 

participate in another mediation. The mediation will be by Zoom before a United States 

Magistrate Judge. By Monday, February 27, 2023, Defendants will file a notice on 

CM/ECF advising the Court whether the parties request that the Undersigned hold the 

Zoom mediation or whether the parties request that another magistrate judge preside 

over the Zoom mediation. Once the notice is filed, the Court will issue a separate Order 

concerning the upcoming Zoom mediation.

12. A Notice of Scheduling Conflict shall include a statement detailing the dates 

and the cases that were scheduled for trial. Under existing policies and agreements 

between the state and federal courts of Florida, the judge who enters the first written 

order scheduling a case for trial on a date set has priority over the service of the attorney 

for the date set. See Krasnow v. Navarro, 909 F.2d 451 (11th Cir. 1990).

It shall be the duty of the attorneys herein to ensure that no other judge schedules 

them for a trial that impacts upon or conflicts with the date set forth above. If any counsel 

receives written notice of a trial from another judge, in either state or federal court, that 

in any way conflicts with this trial schedule, then it is the obligation of that attorney to 

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notify that judge immediately so that the judge may reschedule his or her calendar, thus 

leaving counsel conflict free for this case.

13. Under-seal filings and the public access presumption

Courts “have discretion to determine which portions of the record should be 

placed under seal, but [such] discretion is guided by the presumption of public access to 

judicial documents.” Perez-Guerrero v. U.S. Attorney Gen., 717 F.3d 1224, 1235 (11th Cir. 

2013). Public or judicial records are presumptively public, while documents which are 

not considered public or judicial records, such as discovery documents, are not. See F.T.C. 

v. AbbVie Prods. LLC, 713 F.3d 54 (11th Cir. 2013). “Judges deliberate in private but issue 

public decisions after public arguments based on public records. . . . Any step that 

withdraws an element of the judicial process from public view makes the ensuing 

decision look more like fiat and requires rigorous justification.” Perez-Guerrero, 717 F.3d 

at 1235 (internal quotation omitted). “Material filed in connection with any substantive 

pretrial motion . . . is subject to the common law right of access.” Romero v. Drummond 

Co., Inc., 480 F.3d 1234, 1246 (11th Cir. 2007) (citation omitted). 

Substantive pretrial motions require a showing of good cause to overcome the 

presumption of public access. See id.; Schojan v. Papa Johns Int’l, Inc., No. 8:14-cv-1218-T33MAP, 2014 WL 4674340, at *12 (M.D. Fla. Sept. 18, 2014) (denying motion to seal motion 

for class certification despite the plaintiff’s assertions the motions and exhibits were 

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subject to a confidentiality agreement). Likewise, any exhibits filed for consideration with 

a substantive motion are presumptively public. See AbbVie, 713 F.3d at 63 (finding that if 

a complaint is a judicial record, then it follows that the attached exhibits must also be 

treated as judicial records). 

The Court understands that some substantive motions and exhibits may 

sometimes contain confidential information that is inappropriate for public disclosure. 

But such information is not a reason to seal the motion or exhibits entirely, while 

submitting to the Court only the un-redacted versions. Thus, parties shall file their 

substantive motions and supporting exhibits on the public docket, redacting 

confidential information as identified by both parties and non-parties. No completely 

sealed filings are permitted. The parties are advised the Court will not enter an order on 

a substantive motion filed completely under seal. Any party submitting a motion or 

memorandum of law on a substantive matter involving confidential information worthy 

of under-seal status shall file two versions of the submission: a redacted one (filed on the 

public docket) and a sealed version (accompanied by a motion to seal, also filed on 

CM/ECF). 

Parties should be cautious and conservative about designating material as 

deserving of under-seal treatment in their redacted submissions, and the Undersigned 

may unseal some or all of the redacted portions if I determine that under-seal status is 

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inappropriate. The mere fact that a party prefers that certain information not be publicly 

disclosed in connection with a substantive motion (e.g., it could be embarrassing or might 

portray the party in an unflattering way) does not mean that under-seal status is justified. 

Instead, there must be good cause, such as the existence of a bona fide trade secret or 

genuinely proprietary business information.

14. In addition to the Local Rules, any submission by any party must be doublespaced, and for every 5 pages provided for in the Local Rules the parties shall have an 

additional page (e.g., a 10-page motion may be 12 pages, a 20-page motion may be 24 

pages).

DONE and ORDERED in Chambers, in Miami, Florida, on February 22, 2023.

Copies furnished to:

All Counsel of Record

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