United States District Court

for the

Southern District of Florida

Andres Bustillo, M.D., Plaintiff,

v.

Twin City Fire Insurance Company, 

Defendant.

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Civil Action No. 20-23133-Civ-Scola

Order Requiring Discovery and Scheduling Conference and

Order Referring Discovery Matters to the Magistrate Judge

This matter is before the Court upon an independent review of the record. 

It is ordered and adjudged as follows:

1. The Plaintiff must forward a copy of this Order to every Defendant 

immediately upon the filing of a response to the complaint by a Defendant in this 

case. If a Defendant has removed this action from state court, the removing 

Defendant must immediately forward a copy of this Order to every party who has 

made an appearance in the state court action. Any party with a pending motion

in the state-court action must separately refile the motion in this Court or the 

Court will not consider the motion.

2. Within 21 days of the filing of a response to the complaint by a Defendant 

in this matter, the parties must meet and confer regarding discovery and 

scheduling issues, as set out in Federal Rule of Civil Procedure 26(f) and Local 

Rule 16.1(b). If this case was removed from state court, the parties’ discovery 

and scheduling conference must occur within 21 days of this Order.

3. Within 14 days of the parties’ discovery-and-scheduling conference, the 

parties must file a joint-discovery-plan-and-conference report, as set forth in 

Federal Rule of Civil Procedure 26(f)(3) and Local Rule 16.1(b)(2).

4. The parties are ordered to disregard the requirements of Local Rule 

16.1 and Federal Rule of Civil Procedure 26(f)(3)(B) regarding any proposed 

deadlines or dates certain. Instead, the parties are to direct their attention to 

the scheduling timelines set forth in Attachments “A” and “B” to this Order. The 

schedule set forth in Attachment “A” will be used if the parties believe the case is 

straight-forward and may benefit from an expedited scheduling track. In most 

other cases, the standard scheduling track in Attachment “B” will be used. The 

parties are therefore directed to advise the Court whether they would prefer to be 

assigned to the expedited (Attachment “A”) or to the standard (Attachment “B”)

track. If the parties believe that they have good reason to depart from either of 

these two tracks, or if the parties believe that this case is uniquely complex and 

Case 1:20-cv-23133-RNS Document 3 Entered on FLSD Docket 07/30/2020 Page 1 of 4
requires significantly more time (as described in Local Rule 16.1(2)(C)), the 

parties must set out the reasons justifying a more protracted schedule along 

with a proposed schedule. Any such proposed schedule must be submitted in 

substantially the same format as the schedules presented in the Attachments to 

this Order with all proposed date or event deviations italicized. Regardless of any 

proposed changes, the dispositive motions deadline must be set no later than 

four months before the commencement of the proposed trial period and no 

sooner than two weeks after the close of all fact discovery. Any failure to 

comply with the directions in this paragraph may result in the Court 

unilaterally setting the deadlines itself.

5. Magistrate Judge Referral. By virtue of 28 U.S.C. § 636 and the Magistrate 

Rules of the Local Rules of the Southern District of Florida, the Court refers all 

discovery motions in this case to United States Magistrate Judge Edwin G. 

Torres to take all necessary and proper action as required by law.

6. Settlement Conference Before Magistrate Judge. The parties may, at any 

time, file a motion requesting a settlement conference before Judge Torres. The 

Court encourages the parties to consider a confidential settlement conference 

with Judge Torres, especially if the parties believe there is a meaningful chance 

of reaching an early, amicable resolution of their dispute.

7. Discovery Motion Procedures. Judge Torres will enter a separate order 

regarding his discovery procedures.

Done and ordered at Miami, Florida, on July 29, 2020.

________________________________

Robert N. Scola, Jr.

United States District Judge

Case 1:20-cv-23133-RNS Document 3 Entered on FLSD Docket 07/30/2020 Page 2 of 4
Attachment “A”: Example Scheduling Timeline For Expedited Track Cases

weeks after 

entry of the 

scheduling 

order

4 weeks Deadline to join additional parties or to amend pleadings.

9 weeks

Deadline to file joint interim status report.

Deadline to file Proposed Order Scheduling Mediation, setting forth 

the name of the mediator, and the date, time, and location of the 

mediation, consistent with the Order of Referral to Mediation (which 

immediately follows this scheduling order).

14 weeks

Deadline to complete all fact discovery.

Deadline to submit joint notice indicating whether the parties consent 

to jurisdiction before the designated magistrate judge for purposes of 

final disposition.

Deadline to exchange expert witness summaries/reports pursuant to 

Federal Rule of Civil Procedure 26(a)(2). Rebuttal disclosures are 

permitted, and must conform to the deadline set forth in Federal Rule 

of Civil Procedure 26(a)(2)(D)(ii).

16 weeks Deadline for the filing of all dispositive motions.

18 weeks Deadline to complete mediation, consistent with the Order of Referral 

to Mediation (which immediately follows this scheduling order).

21 weeks Deadline to complete all expert discovery.

8 weeks 

BEFORE 

calendar call

Deadline for the filing of pretrial motions, including motions in limine

and Daubert motions.

4 weeks 

BEFORE the 

trial date

Deadline to file joint pretrial stipulation pursuant to Local Rule 16.1(e) 

and pretrial disclosures pursuant to Federal Rule of Civil Procedure 

26(a)(3).

2 weeks 

BEFORE the 

trial date

Deadline to file proposed jury instructions (if the matter is set for a 

jury trial) or proposed findings of fact and conclusions of law (if the 

matter is set for a bench trial) pursuant to Local Rule 16.1(k).

33 weeks 

(approximate) Two-week trial period commences (calendar call will be scheduled on 

the Tuesday before the trial period)

Case 1:20-cv-23133-RNS Document 3 Entered on FLSD Docket 07/30/2020 Page 3 of 4
Attachment “B”: Example Scheduling Timeline For Standard Track Cases

weeks after 

entry of the 

scheduling 

order

5 weeks Deadline to join additional parties or to amend pleadings.

14 weeks Deadline to file joint interim status report.

25 weeks

Deadline to file Proposed Order Scheduling Mediation, setting 

forth the name of the mediator, and the date, time, and location 

of the mediation, consistent with the Order of Referral to 

Mediation (which immediately follows this scheduling order).

31 weeks

Deadline to complete all fact discovery.

Deadline to submit joint notice indicating whether the parties 

consent to jurisdiction before the designated magistrate judge for 

purposes of final disposition.

Deadline to exchange expert witness summaries/reports 

pursuant to Federal Rule of Civil Procedure 26(a)(2). Rebuttal 

disclosures are permitted, and must conform to the deadline set 

forth in Federal Rule of Civil Procedure 26(a)(2)(D)(ii).

33 weeks Deadline for the filing of all dispositive motions.

35 weeks

Deadline to complete mediation, consistent with the Order of 

Referral to Mediation (which immediately follows this scheduling 

order).

40 weeks Deadline to complete all expert discovery.

8 weeks 

BEFORE 

calendar call

Deadline for the filing of pretrial motions, including motions in 

limine and Daubert motions.

4 weeks 

BEFORE the 

trial date

Deadline to file joint pretrial stipulation pursuant to Local Rule 

16.1(e) and pretrial disclosures pursuant to Federal Rule of Civil 

Procedure 26(a)(3).

2 weeks

BEFORE the 

trial date

Deadline to file proposed jury instructions (if the matter is set for 

a jury trial) or proposed findings of fact and conclusions of law (if 

the matter is set for a bench trial) pursuant to Local Rule 16.1(k).

49 weeks 

(approximate) Two-week trial period commences (calendar call will be scheduled 

on the Tuesday before the trial period)

Case 1:20-cv-23133-RNS Document 3 Entered on FLSD Docket 07/30/2020 Page 4 of 4