UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No. 20-cv-22833-BLOOM/Louis

RAYMOND H NAHMAD DDS PA and

R.H. NAHMAD EQUITIES LLC,

Plaintiffs,

v.

HARTFORD CASUALTY

INSURANCE COMPANY,

Defendant.

_________________________________/

ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING

MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE

THIS CAUSE is before the Court upon a sua sponte review of the record. Pursuant to this 

Court’s Order, ECF No. [3], the parties filed their Joint Scheduling Conference Order and Joint 

Proposed Scheduling Order, ECF No. [11] (“JSR”). In their JSR, the parties note that, “[i]n order 

to conserve resources, the parties have agreed to stay discovery pending the resolution of 

[Defendant’s] motion to dismiss and seek Court approval of the Joint Proposed Scheduling Order 

below that reflects such agreement.” ECF No. [11] at 1. As such, their proposed scheduling order 

sets forth the number of days needed to meet each deadline from the date on which the Court rules 

on Defendant’s pending Motion to Dismiss, ECF No. [7]. Notably, however, the parties have not 

filed a motion before the Court properly requesting any such relief. 

“Federal district courts possess ‘general discretionary power’ to stay proceedings ‘in the 

interests of justice and in control of their dockets.’” Loor v. Tween Brands, Inc., No. 6:15-cv-953-

Orl-37DAB, 2015 WL 6704579, at *2 n.6 (M.D. Fla. Nov. 3, 2015) (citing Wedgeworth v. 

Fibreboard Corp., 706 F.2d 541, 544-45 (11th Cir. 1983)); see also Clinton v. Jones, 520 U.S. 

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681, 706-07 (1997) (noting that a district court has “broad discretion to stay proceedings as an 

incident to its power to control its own docket”). This “broad discretion [extends] over the 

management of pre-trial activities, including discovery and scheduling,” Johnson v. Bd. of Regents 

of Univ. of Ga., 263 F.3d 1234, 1269 (11th Cir. 2001), because courts have a responsibility to 

expedite discovery to achieve efficient resolutions of pending litigation. See Feldman v. Flood, 

176 F.R.D. 651, 652 (M.D. Fla. 1997). While parties may, pursuant to the Federal Rule of Civil 

Procedure 26, stipulate to the timing of certain discovery matters, they may not do so, absent court 

approval, when such stipulations would create delay and impede on the court’s ability to 

effectively manage its caseload. See Shire Dev. LLC v. Mylan Pharm. Inc., No. 8:12-cv-1190-T36AEP, 2014 WL 12621213, at *1 (M.D. Fla. July 25, 2014). Further, any requests for relief must 

be filed in an appropriate motion. Accordingly, the Court, upon considering the parties’ requested 

JSR deadlines and the claims asserted in this action, this case shall proceed according to the 

schedule set forth below.

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

August 30, 2021, at 9:00 a.m. Calendar call will be held at 1:45 p.m. on Tuesday, August 24, 

2021. No pre-trial conference will be held unless a party requests one at a later date and the Court 

determines that one is necessary. Unless instructed otherwise by subsequent order, the trial and all 

other proceedings in this case shall be conducted in Courtroom 10-2 at the Wilkie D. Ferguson, 

Jr. United States Courthouse, 400 North Miami Avenue, Miami, Florida 33128. The parties 

shall adhere to the following schedule:

August 17, 2020 Parties exchange initial disclosures pursuant to Fed. R. Civ. P. 26(a)(1). 

The parties are reminded that pursuant to S.D. Fla. L.R. 26.1(b), initial 

disclosures shall not be filed with the Court unless an exception noted in 

the Local Rules applies.

August 24, 2020 The parties shall select a mediator pursuant to Local Rule 16.2, shall 

schedule a time, date, and place for mediation, and shall jointly file a 

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notice, and proposed order scheduling mediation via CM/ECF in the 

form specified on the Court’s website, http://www.flsd.uscourts.gov. If 

the parties cannot agree on a mediator, they shall notify the Clerk in 

writing as soon as possible, and the Clerk shall 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. Within 

three (3) days of mediation, the parties are required to file a mediation 

report with the Court. Pursuant to the procedures outlined in the CM/ECF 

Administrative Procedures, the proposed order is also to be emailed to 

bloom@flsd.uscourts.gov in Word format.

October 2, 2020 All motions to amend pleadings or join parties are filed.

April 6, 2021 Parties disclose experts and exchange expert witness summaries or 

reports.

April 20, 2021 Parties exchange rebuttal expert witness summaries or reports.

May 4, 2021 All discovery, including expert discovery, is completed.

May 18, 2021 Parties must have completed mediation and filed a mediation report.

May 26, 2021 All pre-trial motions, motions in limine, and Daubert motions (which 

include motions to strike experts) are filed. This deadline includes all 

dispositive motions.

August 16, 2021 Parties submit joint pre-trial stipulation in accordance with Local Rule 

16.1(e), proposed jury instructions and verdict form, or proposed findings 

of fact and conclusions of law, as applicable.

Motions in limine. Each party is limited to filing one motion in limine. If all evidentiary 

issues cannot be addressed in a 20-page memorandum, leave to exceed the page limit will be 

granted. The parties are reminded that motions in limine must contain the Local Rule 

7.1(a)(3) certification.

Daubert Motions. Each party is limited to filing one Daubert motion. If all evidentiary 

issues cannot be addressed in a 20-page memorandum, leave to exceed the page limit will be 

granted. The parties are reminded that Daubert motions must contain the Local Rule 7.1(a)(3) 

certification. 

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Summary Judgment Motions. The parties are reminded that strict compliance with Local 

Rule 56.1 is mandated. Pursuant to Local Rule 56.1(a)(2), a statement of material facts must be 

supported by specific references to pleadings, depositions, answers to interrogatories, admissions, 

and affidavits on file with the Court. In the event a responding party fails to controvert a movant’s 

supported material facts in an opposing statement of material facts, the movant’s material facts 

will be deemed admitted. Local Rule 56.1(b). In the interest of judicial economy, in the interest of 

proper and careful consideration of each party’s statement of material facts, and in the interest of

determining matters on summary judgment on the merits, the Court orders the parties to file any

statements of material facts as follows:

1. The moving party shall file a statement of material facts as a separate filing from a 

motion for summary judgment.

2. Each material fact in the statement that requires evidentiary support shall be set 

forth in an individually numbered paragraph and supported by a specific citation. 

This specific citation shall reference pages (and paragraph or line numbers, if 

applicable) of the cited exhibit(s). When a material fact requires evidentiary 

support, a general citation to an exhibit, without a page number or pincite, is 

not permitted. 

3. Each exhibit referenced in the motion for summary judgment and/or in the 

statement of material facts must be filed on the docket. Exhibits which have already 

been filed on the docket need not be refiled. If a deposition transcript is referenced, 

a complete copy must be filed which includes all exhibits. Within twenty-four 

(24) hours of filing a motion for summary judgment, the movant shall separately 

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file an index of the cited exhibits which names each exhibit and references the 

docket entry at which that exhibit may be found. 

4. The responding party may file an opposing statement of material facts which 

responds to the moving party’s statement of material facts. A responding party’s 

opposing statement of material facts must specifically respond to each statement in 

the movant’s statement by setting forth each of the individually numbered 

paragraphs contained in the movant’s statement and after each paragraph, detail 

respondent’s response or opposition. By way of example: 

Movant’s Statement of Material Facts

1. Blackacre is a vacant property located at 123 Main Street. Exhibit A ¶ 1.

2. John Smith owns Blackacre. Exhibit B ¶ 12.

Respondent’s Opposing Statement of Material Facts

1. Blackacre is a vacant property located at 123 Main Street. Exhibit A ¶ 1.

Admitted that Blackacre is located at 123 Main Street. Exhibit A ¶ 1. Denied 

that the property is vacant. Exhibit C at 5.

2. John Smith owns Blackacre. Exhibit B ¶ 12.

Denied as phrased. Admitted that the last recorded deed to Blackacre names 

John Smith. Exhibit B ¶ 12.

5. Each exhibit referenced in the response to the motion for summary judgment and/or 

in the opposing statement of material facts must be filed on the docket. Exhibits 

which have already been filed on the docket need not be refiled. If a deposition 

transcript is relied upon, a complete copy must be filed which includes all exhibits. 

Within twenty-four (24) hours of filing a response to the motion for summary 

judgment, the responding party shall separately file an index of the cited exhibits 

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which names each exhibit and references the docket entry at which that exhibit may 

be found. 

6. In the event that cross motions for summary judgment are filed, the Court may 

order the parties to submit a consolidated statement of material facts and responses 

as appropriate. If cross motions are anticipated, the parties may jointly move for an 

order to file consolidated statements prior to filing the motions for summary 

judgment. 

Jury Instructions and Verdict Form (if applicable). The parties shall submit their 

proposed jury instructions and verdict form jointly, although they need not agree on each proposed 

instruction. Where the parties do not agree on a proposed instruction, that instruction shall be set 

forth in bold type. Instructions proposed only by a plaintiff shall be underlined. Instructions 

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

to authority. The parties shall use as a guide the Eleventh Circuit Pattern Jury Instructions for Civil 

Cases, including the directions to counsel contained therein. Proposed jury instructions and verdict 

form, in typed form, including substantive charges and defenses, shall be submitted to the Court 

prior to calendar call, in Word format, via e-mail to bloom@flsd.uscourts.gov. Instructions for 

filing proposed documents may be viewed at http://www.flsd.uscourts.gov.

Referral to Magistrate Judge. Pursuant to 28 U.S.C. § 636 and this District’s Magistrate 

Judge Rules, all discovery matters are referred to Judge Lauren F. Louis. Furthermore, pursuant 

to 28 U.S.C. § 636(c)(1), the parties may consent to trial and final disposition by Judge Lauren F. 

Louis. The deadline for submitting consent is May 26, 2021.

Discovery. 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 

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or motions memorializing any such stipulation unless the stipulation interferes with the deadlines 

set forth above. Stipulations that would so interfere may be made only with the Court’s approval. 

See Fed. R. Civ. P. 29. To the extent not abrogated or contradicted by this Order, all agreements 

and stipulations entered into between the parties prior to this Order continue to bind the parties. 

The Court reminds the parties that under the Local Rules, initial and expert disclosures; deposition 

transcripts; interrogatories; requests for documents, electronically stored information or things, or 

to permit entry upon land; requests for admission; notices of taking depositions or notices of 

serving subpoenas; and associated responses, objections, notices or any associated proof of service, 

shall not be filed until they are used in the proceeding or the court orders their filing. S.D. 

Fla. L.R. 26.1(b). Improper filings will be stricken from the record. In addition to the documents 

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

The parties must make every effort to resolve discovery disputes without requiring Court 

intervention. Strict compliance with the Local Rules is expected, particularly with regard to motion 

practice. See S.D. Fla. L.R. 7.1.

Civility and Professionalism. Members of the bar and the Court are proud of the long 

tradition of courteous practice in the Southern District of Florida. Indeed, it is a fundamental tenet 

of this Court that attorneys in this District be governed at all times by a spirit of cooperation, 

professionalism, and civility. For example, and without limiting the foregoing, it remains the 

Court’s expectation that counsel will seek to accommodate their fellow practitioners, including in 

matters of scheduling, whenever reasonably possible and that counsel will work to eliminate 

disputes by reasonable agreement to the fullest extent permitted by the bounds of zealous 

representation and ethical practice.

To that end, the Court advises the parties that strict compliance with the requirements of 

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Local Rule 7.1(a)(3) is expected. In addition, if a motion for extension of time is opposed, this 

Court requires that the certificate of conferral state briefly the reason(s) for opposing counsel’s 

objection to the requested extension.

The parties are further advised that the failure to comply with any of the procedures

contained in this Order or the Local Rules may result in the imposition of appropriate sanctions,

including, but not limited to, the dismissal of this action or entry of default.

DONE AND ORDERED in Chambers at Miami, Florida, on August 3, 2020.

_________________________________

BETH BLOOM

UNITED STATES DISTRICT JUDGE

Copies to: 

Counsel of Record

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