UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

FORT LAUDERDALE DIVISION

CASE NO. 20-61249-CIV-DIMITROULEAS

JHON SARMIENTO, Individually and 

on behalf of all others similary 

situated,

Plaintiff,

vs.

SCHEAR CONSTRUCTION, LLC, a 

Florida Limited Liability Company, 

Defendant.

/

JOINT SCHEDULING REPORT

Plaintiff, JHON SARMIENTO (“Plaintiff”) on behalf of himself and those similarly 

situated, and Defendants SCHEAR CONSTRUCTION, a Florida Limited Liability Company 

(“Defendant”), by and through their respective undersigned counsel, pursuant to 

Fed.R.Civ.P. 26(f) and S.D. Fla. L.R. 16.1(b), hereby submit this Joint Scheduling Report.

I. Case Management Track.

The Parties request that this case be assigned to a standard case management track 

pursuant to S.D.Fla.L.R. 16.1(a)(2)(B). 

 II. Parties’ Conference Report Pursuant To L.R. 16.1(b)(2)(A)-(L).

(A) Likelihood of settlement:

The Parties will discuss settlement throughout the case in good faith, and will inform the 

Court if any settlement is reached. 

(B) Likelihood of appearance of additional parties: 

The Parties do not anticipate the need for appearance of additional parties.

Case 0:20-cv-61249-WPD Document 15 Entered on FLSD Docket 09/30/2020 Page 1 of 5
2

(C) Proposed time limits:

The Parties agree on the following proposed deadlines

October 13, 2020 Initial disclosures

October 23, 2020 Moving for joinder of parties and amendment of pleadings

March 12, 2021 Plaintiffs’ Rule 26(a)(2) expert disclosures

April 16, 2021 Defendant’s Rule 26(a)(2) expert disclosures

May 21, 2021 Rebuttal Rule 26(a)(2) expert disclosures

July 30, 2021 Fact and expert discovery deadline

September 10, 2021 Dispositive pretrial motions deadline

November 12, 2021 Deadline to file all other pretrial motions

August 20, 2021 Deadline to complete mediation

(D) Proposal for the formulation and simplification of issues, including the 

elimination of frivolous claims or defenses, and the number and timing of 

motions for summary judgment or partial summary judgment:

 The Parties will confer before the submission of the pretrial stipulation to discuss any 

proposals for the formulation and simplification of issues. The Parties will endeavor to 

streamline the case to the fullest extent possible. 

(E) Necessity or desirability of amendments to pleadings: 

Any amendment to the pleadings will be done in compliance with the deadlines set forth 

in the Scheduling Order entered by the Court in this action.

(F) The possibility of obtaining admissions of fact and documents which will 

avoid unnecessary proof, stipulations regarding authenticity of documents, 

and the need for advance rulings from the Court on admissibility of 

evidence:

At this time, there is no need for stipulating to the authenticity of documents or for any 

advance rulings from the Court as to the admissibility of certain evidence. Should it become 

Case 0:20-cv-61249-WPD Document 15 Entered on FLSD Docket 09/30/2020 Page 2 of 5
3

necessary, counsel will confer following the applicable discovery cut-off date and before 

submission of the pretrial stipulation to discuss stipulations regarding admissions of fact, the 

authenticity of documents and the need for advance rulings from the Court on the admissibility 

of evidence.

(G) Suggestions for the avoidance of unnecessary proof & cumulative evidence:

 At this time, the Parties have no suggestions for the avoidance of unnecessary proof and 

cumulative evidence, but will work together to obtain admissions and stipulations that will avoid 

unnecessary proof and presentation of cumulative evidence at trial. 

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

master:

The Parties do not agree to refer the trial or dispositive motions in this case to a 

Magistrate Judge. 

(I) A preliminary estimate of the time required for trial;

 The Parties estimate that the trial of this matter will last four (4) days.

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

conference, and trial:

 (1) With the exception of the final pre-trial conference, there is no need to 

specifically set any conferences before trial at this time.

 (2) The parties anticipate that they will be ready for pretrial conference by late 

January 2022.

 (3) The parties anticipate that they will be ready for trial by February 18,

2022. 

(K) Discovery, Electronically Stored Information, and Claims of Privilege:

Case 0:20-cv-61249-WPD Document 15 Entered on FLSD Docket 09/30/2020 Page 3 of 5
4

At this time, the Parties do not request any changes to the timing, form or requirements of 

the initial disclosures and will conduct discovery in accordance with the relevant Local and 

Federal Rules of Civil Procedure, including with respect to Electronically Stored Information. 

The Parties do not have any issues to raise pertaining to claims of privilege or protection of trialpreparation material at this time.

(L) Any additional information that may be helpful to the Court:

None at this time.

III. Scheduling Order

Pursuant to Local Rule 16.1.B, the Parties submit their proposed scheduling order 

attached to this report.

Respectfully submitted this 30th day of September, 2020.

s/ Andrew R. Frisch /s/ Jesse I. Unruh___

Andrew R. Frisch Jesse I. Unruh

Florida Bar No. 27777 Florida Bar No. 91121

Morgan & Morgan, P.A. Spire Law, LLC

8151 N. Pine Island Rd., Suite 4000 2752 W. State Road 426, Suite 2088

Plantation, FL 33324 Oviedo, Florida 32765

Tel. 954-318-0268 Tel. (407) 494-0135

Fax. 954-327-3039 jesse@spirelawfirm.com

afrisch@forthepeople.com

Counsel for Plaintiffs Counsel for Defendants.

 

Case 0:20-cv-61249-WPD Document 15 Entered on FLSD Docket 09/30/2020 Page 4 of 5
5

CERTIFICATE OF SERVICE

I do hereby certify that on the 30th of September, 2020, I electronically filed the foregoing 

document with the Clerk of Court using the CM/ECF.

By: /s/ Andrew R. Frisch

 Andrew R. Frisch

Case 0:20-cv-61249-WPD Document 15 Entered on FLSD Docket 09/30/2020 Page 5 of 5