UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO.: 20-81175-CIV-SINGHAL

STEVEN UNGER,

Plaintiff,

v.

MAJORCA AT VIA VERDE HOMEOWNERS

ASSOCIATION, INC.,

Defendant.

_________________________________________/

ORDER REQUIRING SCHEDULING REPORT

AND CERTIFICATES OF INTERESTED PARTIES1

THIS CAUSE is before the Court on a sua sponte review of the record. Within 

twenty-one (21) days of this Order, the parties are directed to prepare and file a joint 

scheduling report, as required by Local Rule 16.1.

2

 The joint scheduling report and 

proposed order shall include all information required by Local Rule 16.1(b)(2) and (3). In 

addition, at the time of filing the joint scheduling report, the parties, including 

governmental parties, must file certificates of interested parties and corporate disclosure 

statements that contain a complete list of persons, associated persons, firms, 

partnerships, or corporations that have a financial interest in the outcome of this case, 

including subsidiaries, conglomerates, affiliates, parent corporations, and other 

identifiable legal entities related to a party (to the extent they have not already done so). 

1 The parties must not include Judge Singhal and the assigned U.S. Magistrate Judge as interested parties 

unless they have an interest in the litigation.

2 The parties may “meet in person, by telephone, or by other comparable means.” S.D. Fla. L.R. 16.1(b)(1).

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Throughout the pendency of the action, the parties are under a continuing obligation to 

amend, correct, and update the certificates.

Detailed Discovery Schedule: Local Rule 16.1(a) provides for a differentiated 

case management system based on the complexity of each case and the requirement for 

judicial involvement. That system categorizes cases along three case management 

tracks: expedited, standard, or complex.

• Expedited track cases are relatively non-complex, require 1 to 3 days 

of trial, and between 90 and 179 days for discovery from the date of the 

scheduling order.

• Standard track cases require 3 to 10 days of trial, and between 180 

and 269 days for discovery from the date of the scheduling order.

• Complex track cases are unusually complex, require over 10 days of 

trial, and between 270 and 365 days for discovery from the date of the 

scheduling order.

“The following factors [are] considered in evaluating and assigning cases to a 

particular track: the complexity of the case, number of parties, number of expert 

witnesses, volume of evidence, problems locating or preserving evidence, time estimated 

by the parties for discovery and time reasonably required for trial, among other factors.” 

S.D. Fla. L.R. 16.1(a)(3).

Federal Rule of Civil Procedure 26(b)(1) allows discovery regarding any 

nonprivileged matter that is relevant to any party’s claim or defense and proportional to 

the needs of the case, considering the importance of the issues at stake in the action, the 

amount in controversy, the parties’ relative access to relevant information, the parties’ 

resources, the importance of the discovery in resolving the issues, and whether the 

burden or expense of the proposed discovery outweighs its likely benefit. The parties 

shall participate in good faith in developing a detailed discovery plan, including any 

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agreed-upon limitation on scope, frequency and the extent of discovery. The parties shall 

include in their scheduling report any unique discovery matters, including any 

electronically stored information that should be preserved and accessed. The parties 

shall establish a detailed schedule for the preservation, disclosure and access of each 

different type or category of electronically stored information.

Consistent with the differentiated case management system, other relevant local 

rules (such as Local Rule 16.2, regarding mediation), and the twin goals of expeditious 

and attentive case management, the Court anticipates the following scheduling deadlines 

in the run of cases:

• Selection of a mediator and scheduling of a time, date and place for mediation 

within 30 days of the scheduling order.

• Deadline to amend pleadings and join parties within 60 days of the scheduling 

order.

• Completion of all discovery consistent with the case management track 

guidelines, and 120 days prior to trial.

• Completion of mediation prior to the deadline for dispositive pre-trial motions.

• Deadline for dispositive pre-trial motions and Daubert motions (which include 

motions to strike experts) 100 days prior to trial.

• Deadline for submission of joint pre-trial stipulation, proposed jury instructions 

and verdict form, or proposed findings of fact and conclusions of law, as 

applicable, 10 days prior to trial.

Those deadlines are not exhaustive of deadlines which may be set in the 

scheduling order.

The parties should address their joint scheduling report and their proposed pretrial deadlines both to the differentiated case management system and to the Court’s 

anticipated deadlines. The parties are encouraged to explain their proposed deadlines in 

light of those overarching guidelines, including as to the factors listed in Local Rule 

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16.1(a)(3). The parties are cautioned that if they fail to submit a joint scheduling 

report by the applicable deadline, the Court may unilaterally set this case on a case 

management track in accordance with Local Rule 16.1(a) and calculated as if the 

scheduling report had been timely filed.

The parties are 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, Fort Lauderdale, Florida, this 23rd day of

December 2020.

Copies furnished to counsel of record via CM/ECF

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