UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No. 20-21993-Civ-COOKE/GOODMAN

MARVELI RAYO,

Plaintiff,

vs.

I.C. SYSTEM, INC., et al.,

Defendants.

____________________________________________/

ORDER SETTING CIVIL TRIAL DATE AND PRETRIAL DEADLINES

Pursuant to Local Rule 16.1, and the Court’s expedited track procedures regarding 

the Federal Fair Debt Collection Act (FDCPA)-based cases, it is hereby ORDERED as 

follows:

1. Trial Date and Calendar Call. This case is set for trial on the Court’s twoweek trial period commencing January 19, 2021, at 9:30 a.m., before the undersigned 

United States District Judge at the Wilkie D. Ferguson, Jr. United States Courthouse, 

Courtroom 11-2, 400 North Miami Avenue, Miami, Florida. Calendar Call will be held on 

Wednesday, January 13, 2021, at 3:00 p.m., at the same location. The case will be assigned 

to the expedited case management track.

2. Pretrial Conference. No Pretrial Conference will be held in this action, 

unless the Court determines that a pretrial conference is necessary. Should a pretrial 

conference be set, the compliance deadlines as set forth in the remainder of this Order will

remain unaltered.

3. Pretrial Deadlines. The pretrial deadlines are as follows:

August 10, 2020 Defendant’s response to Plaintiff’s Statement of Claim

August 24, 2020 Joinder of parties and claims, and amendment of pleadings.

September 8, 2020 Parties must furnish opposing counsel with a written list containing 

the names and addresses of all fact witnesses intended to be called 

at trial and only those witnesses listed will be permitted to testify 

unless good cause is shown and there is no prejudice to opposing 

Case 1:20-cv-21993-MGC Document 23 Entered on FLSD Docket 07/26/2020 Page 1 of 12
party. The parties are under a continuing obligation to supplement 

discovery responses within ten days of receipt or other notice of 

new or revised information.

September 24, 2020 All fact discovery must be completed.

October 9, 2020 Plaintiff must furnish expert witness list to the Defendant, along 

with the summaries/reports required by Fed. R. Civ. P. 26(a)(2), 

and only those expert witnesses will be permitted to testify. Within 

the 14-day period thereafter, Plaintiff must make its experts 

available for deposition by Defendant.

October 9, 2020 All dispositive pretrial motions and memoranda of law must be 

filed.

October 26, 2020 Defendant must furnish expert witness list to the Plaintiff along 

with the summaries/reports required by Fed. R. Civ. P. 26(a)(2), 

and only those expert witnesses will be permitted to testify. Within 

the 14-day period thereafter, Defendant must make its experts 

available for deposition by Plaintiff.

October 26, 2020 Mediation must be completed. The Court has appended the Order 

of Referral to Mediation to this Order.

November 9, 2020 All expert discovery must be completed.

November 9, 2020 All Daubert motions and accompanying memoranda of law must 

be filed.

November 24, 2020 (a) A Joint Pretrial Stipulation must be filed. The stipulation must

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 litigant 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 must file a certification with 

the Court stating the circumstances. On receipt of such 

certification, the Court will issue an order requiring the noncooperating party or parties to show cause why such party or 

parties (and their respective attorneys) have failed to comply with 

the Court’s order. A copy of the joint pretrial stipulation must be 

emailed to Cooke@flsd.uscourts.gov, in MS Word, format at the 

time of filing; and

(b) A Joint Summary of the Parties’ Motion(s) In Limine must be 

separately filed. The joint summary must contain a cover page 

Case 1:20-cv-21993-MGC Document 23 Entered on FLSD Docket 07/26/2020 Page 2 of 12
providing the style of the case and an index of the motion(s) in 

limine. For each evidentiary issue, the joint summary must include: 

a one-page argument identifying the evidence sought to be 

excluded or included at trial and citing legal authority supporting 

exclusion or inclusion; and a one-page response to the argument 

citing legal authority in support of admission or exclusion of the 

disputed evidence. The parties must work together to prepare the 

joint summary and are encouraged to resolve evidentiary issues 

through stipulation. Motions in limine will not be accepted in any 

other form. 

December 8, 2020 (a) Final proposed jury instructions and verdict form must filed.1 

The parties must 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 must be set 

forth in Calisto MT 14-point typeface. Instructions and questions 

proposed only by the plaintiff(s) to which the defendant(s) object 

must be italicized. Instructions and questions proposed only the 

defendant(s) to which the plaintiff(s) object must be bold-faced. 

Each jury instruction must be typed on a separate sheet and must 

be supported by citations of authority. Each disputed jury 

instruction must 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 may utilize as a guide 

the Pattern Jury Instructions for Civil Cases approved by the 

United States Eleventh Circuit, including the Directions to Counsel 

contained therein. A copy of the proposed jury instructions and 

verdict form must be emailed to Cooke@flsd.uscourts.gov, in MS 

Word format, at the time of filing;

(b) A trial witness list indicating each witness who will testify at 

trial, a one sentence synopsis of the testimony, and in consultation 

with opposing counsel, indicate the amount of time needed for 

direct and cross examination; 

(c) A list of witnesses with some identifying information (address 

or place of employment) to provide to jury; and 

(d) Proposed voir dire questions specific to the case (general voir dire

questions should not be included).

(e) Any proposed deposition designations, cross-designations, and 

 

1 If this action is to be set for a bench trial the Parties are directed to submit proposed 

findings of fact and conclusions of law in lieu of proposed jury instructions.

Case 1:20-cv-21993-MGC Document 23 Entered on FLSD Docket 07/26/2020 Page 3 of 12
objections therein. Parties must submit their designations in one 

table, with columns listing the witnesses’ names, the deposition 

dates, the proposed designations by page and line, and any 

objections using the codes listed in Local Rule 16.1(e)(9).

4. Trial Instructions. All exhibits must be pre-marked. The Plaintiff’s exhibits 

must be marked numerically preceded by the letter “P.” Defendant’s exhibits must be 

marked numerically preceded by the letter “D.” For example, Plaintiff’s exhibit will be 

marked P-1, P-2, P-3 etc. Likewise, Defendant’s exhibit will be marked D-1, D-2, D-3 etc. 

A typewritten exhibit list setting forth the number and letter, and description of each exhibit 

must be submitted at the time of trial. The parties must submit said exhibit list on Form AO 

187, which is available from the Clerk’s office.

5. Motions for Extensions and Continuance. Barring the most extreme of 

compelling circumstances, the Court will not grant any motions for extensions of time or 

a continuance. A motion for continuance will not stay the requirement for the filing of a 

Pretrial Stipulation and, unless an emergency arises, a motion for continuance will not be 

considered if not filed at least 14 days prior to the date on which the trial calendar is 

scheduled to commence. 

6. Formatting. In addition to complying with Local Rule 5.1, any motion and 

accompanying memorandum of law must not exceed a combined length of twenty pages, all 

non-dispositive motions must be accompanied by a proposed order, and all motions, 

memoranda of law, proposed orders, and other documents created for the Court’s review 

must be uploaded from a PDF document created within MS Word (and not from a scanned PDF 

document). Finally, motions, memoranda of law, proposed orders, and other documents 

created for the Court’s review must adhere to the following specifications:

a. 12 pt. Calisto MT font;

b. One inch margins on all sides;

c. 1/2 inch tab setting;

d. 1.5 Line Spacing;

e. Full Justified;

f. Conforming to the exemplar order attached to this Order;

g. Filed electronically with the corresponding motion; and

Case 1:20-cv-21993-MGC Document 23 Entered on FLSD Docket 07/26/2020 Page 4 of 12
h. In the case of proposed orders, e-mailed as a Microsoft Word (.doc) 

document to cooke@flsd.uscourts.gov. The subject line of the e-mail must include: (i) case 

number, (ii) case name, and (iii) docket entry number of the corresponding motion.

Failure to comply with the foregoing requirements may result in the relevant motion 

being denied without prejudice.

7. Settlement. If this case is settled, counsel are directed to inform the Court 

promptly by calling Chambers and submitting an appropriate order for dismissal within ten

days of notification of settlement to the Court, according to Federal Rule of Civil Procedure 

41(a)(1). The case will remain on the trial calendar until the Court enters an order 

dismissing the action.

8. Non-Compliance. 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 to insure an 

expeditious resolution of this cause.

9. Resolution without the Court. Should the matter be settled or otherwise 

resolved between the Parties, a notice indicating the same must be filed immediately.

10. Election to Magistrate Judge Jurisdiction. Within 30 days from the date of 

this Order, the parties must jointly complete and file with the Court the Election to 

Jurisdiction By a United States Magistrate Judge for Final Disposition of Motions Form 

appended to this Order. The Court will not accept unilateral submissions in this regard; 

thus, a “Yes” should be checked only if all parties agree. If the parties consent to a full 

disposition of the case by the Magistrate Judge, including trial and entry of final judgment, 

the parties must jointly file the election form appended to this Order.

Case 1:20-cv-21993-MGC Document 23 Entered on FLSD Docket 07/26/2020 Page 5 of 12
DONE and ORDERED in chambers, at Miami, Florida this 26th day of July 2020.

Copies furnished to:

Jonathan Goodman, U.S. Magistrate Judge

Counsel of record

Case 1:20-cv-21993-MGC Document 23 Entered on FLSD Docket 07/26/2020 Page 6 of 12
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No. 20-21993-Civ-COOKE/GOODMAN

MARVELI RAYO,

Plaintiff,

vs.

I.C. SYSTEM, INC., et al.,

Defendants.

_____________________________________/

ELECTION TO JURISDICTION BY A UNITED STATES

MAGISTRATE JUDGE FOR FINAL DISPOSITION OF MOTIONS

In accordance with the provisions of 28 U.S.C. § 636(c), the undersigned parties to 

the above-captioned civil matter hereby jointly and voluntarily elect to have a United States 

Magistrate Judge decide the following motions and issue a final order or judgment with 

respect thereto:

1. Motions for Costs Yes _____ No _____

2. Motions for Attorney’s Fees Yes _____ No _____

3. Motions for Sanctions Yes _____ No _____

____________ ________________________________________

(Date) (Signature-Plaintiff’s Counsel)

_____________ ________________________________________

(Date) (Signature-Defendant’s Counsel)

__________ ________________________________________

(Date) (Signature-Defendant’s Counsel)

__________ ________________________________________

(Date) (Signature-Defendant’s Counsel)

Case 1:20-cv-21993-MGC Document 23 Entered on FLSD Docket 07/26/2020 Page 7 of 12
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No. 20-21993-Civ-COOKE/GOODMAN

MARVELI RAYO,

Plaintiff,

vs.

I.C. SYSTEM, INC., et al.,

Defendants.

_________________________________________/

ELECTION TO JURISDICTION BY A

UNITED STATES MAGISTRATE JUDGE FOR TRIAL

In accordance with the provisions of 28 U.S.C. § 636(c), the undersigned parties to 

the above-captioned civil matter hereby jointly and voluntarily elect to have a United States 

Magistrate Judge conduct all further proceedings in the case, including TRIAL, and entry of 

final judgment.

___________ _________________________________

(Date) (Signature-Plaintiff’s Counsel)

___________ _________________________________

(Date) (Signature-Defendant’s Counsel)

___________ _________________________________

(Date) (Signature-Defendant’s Counsel)

___________ _________________________________

(Date) (Signature-Defendant’s Counsel)

Case 1:20-cv-21993-MGC Document 23 Entered on FLSD Docket 07/26/2020 Page 8 of 12
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No. 20-21993-Civ-COOKE/GOODMAN

MARVELI RAYO,

Plaintiff,

vs.

I.C. SYSTEM, INC., et al.,

Defendants.

______________________________________/

TITLE OF ORDER

THIS MATTER is before the Court upon [Plaintiff/Defendant, insert name(s),] 

Motion for..., [DE (insert docket entry number)], filed [insert date].

The Court, having reviewed the Motion and being advised fully in the premises, 

hereby

ORDERS and ADJUDGES as follows:

[Insert text of proposed judgment and order.] 

DONE and ORDERED in chambers, at Miami, Florida, this day of [insert 

month], 2020.

___________________________________

MARCIA G. COOKE

UNITED STATES DISTRICT JUDGE

Copies furnished to:

Jonathan Goodman, U.S. Magistrate Judge

Counsel of record

Case 1:20-cv-21993-MGC Document 23 Entered on FLSD Docket 07/26/2020 Page 9 of 12
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No. 20-21993-Civ-COOKE/GOODMAN

MARVELI RAYO,

Plaintiff,

vs.

I.C. SYSTEM, INC., et al.,

Defendants.

__________________________________________/

ORDER OF REFERRAL TO MEDIATION

Trial having been set in this matter for the two-week period commencing January 19, 

2021, pursuant to Federal Rule of Civil Procedure 16 and Southern District Local Rule 

16.2, it is hereby

ORDERED AND ADJUDGED as follows:

l. All parties are required to participate in mediation. The mediation must be 

completed by October 26, 2020.

2. Plaintiff’s counsel, or another attorney agreed upon by all counsel of record 

and any unrepresented parties, will be responsible for scheduling the mediation conference. 

The parties are encouraged to avail themselves of the services of any mediator on the List of 

Certified mediators, maintained in the office of the Clerk of this Court, but may select any 

other mediator. The parties must agree upon a mediator within 15 days from the date of 

this Order and notify the Court. If there is no agreement, Plaintiff’s counsel must promptly 

notify the Clerk in writing and the Clerk will designate a mediator from the List of Certified 

Mediators, which designation will be made on a blind rotation basis.

3. The parties must agree on a place, date, and time for mediation convenient to 

the mediator, counsel of record, and any unrepresented parties. The Plaintiff’s attorney 

must complete the attached proposed Order Scheduling Mediation and submit it to the 

Court no later than 30 days before the mediation.

4. The appearance of counsel and each party, or a representative of each party 

with full authority to enter into a full and complete compromise and settlement, is 

mandatory. If insurance is involved, an adjuster with authority up to the policy limits or the 

most recent demand, whichever is lower, must attend.

5. All discussions, representations, and statements made at the mediation 

Case 1:20-cv-21993-MGC Document 23 Entered on FLSD Docket 07/26/2020 Page 10 of 12
conference will be confidential and privileged.

6. At least ten days prior to the mediation date, all parties must present to the 

mediator a brief written summary of the case identifying issues to be resolved. Copies of 

these summaries must be served on all other parties.

7. The Court may impose sanctions against parties and/or counsel who do not 

comply with the attendance or settlement authority requirements herein or who otherwise 

violate the terms of this Order. The mediator must report non-attendance and may 

recommend imposition of sanctions by the Court for non-attendance.

8. The mediator will be compensated in accordance with the standing order of 

the Court entered pursuant to Rule 16.2(b)(7), or on such basis as may be agreed to in 

writing by the parties and the mediator selected by the parties. The parties will share the 

cost of mediation equally unless otherwise ordered by the Court.

9. If a full or partial settlement is reached in this case, counsel must promptly 

notify the Court of the settlement in accordance with Local Rule 16.2(f), by the filing of a 

notice of settlement signed by counsel of record within ten days of the mediation 

conference. Then, the parties must submit an appropriate pleading concluding the case.

10. Within five days following the mediation conference, the mediator must file a 

Mediation Report indicating whether all required parties were present. The report must also 

indicate whether the case settlement (in full or in part), was continued with the consent of 

the parties, or whether the mediator declared an impasse.

11. If mediation is not conducted, sanctions may be imposed.

DONE and ORDERED in chambers, at Miami, Florida, this 26th day of July 2020.

Copies furnished to:

Jonathan Goodman, U.S. Magistrate Judge

Counsel of record

Case 1:20-cv-21993-MGC Document 23 Entered on FLSD Docket 07/26/2020 Page 11 of 12
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No. 20-21993-Civ-COOKE/GOODMAN

MARVELI RAYO,

Plaintiff,

vs.

I.C. SYSTEM, INC., et al.,

Defendants.

__________________________________________/

ORDER SCHEDULING MEDIATION

The mediation conference in this matter must be held with __________________ on 

_______________, 20__, at _______ .m. at __________________________________ 

_________________________________, Florida.

ENTERED this _____ day of _______________ 20__.

_______________________________

MARCIA G. COOKE

UNITED STATES DISTRICT JUDGE

Copies furnished to:

Jonathan Goodman, U.S. Magistrate Judge

Counsel of Record

Case 1:20-cv-21993-MGC Document 23 Entered on FLSD Docket 07/26/2020 Page 12 of 12