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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Miami Division

CASE NO.: 20-cv-22967-BLOOM/Louis

OPTIMUS MSO II INC., 

Plaintiff,

v.

SIMPLY HEALTHCARE PLANS, INC.,

Defendant.

/

JOINT SCHEDULING REPORT

Plaintiff Optimus MSO II Inc. and Defendant Simply Healthcare Plans, Inc. 

jointly file their Joint Scheduling Report in compliance with the Court’s Order (ECF No. 3), Fed 

R. Civ. P. 26(f), and S.D. Fla. Local Rule 16.1 following a conferral attended by counsel for all 

parties on August 27, 2020.

I. Case Management Track (S.D. Fla. L.R. 16.1(a))

The parties agree that this case should be assigned to the Standard Case 

Management Track.

II. Conference Report (S.D. Fla. L.R. 16.1(b))

A. Likelihood of Settlement

The Parties agree to engage in settlement discussion as this case progresses.

B. Likelihood of Appearance in the Action of Additional Parties

The appearance of additional parties is not anticipated at this time.

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C. Parties’ Proposed Deadlines

The parties propose the deadlines set forth in Exhibit A.

D. Proposal for Formulation and Simplification of Issues

The parties will attempt to work in good faith to narrow and simplify the issues for trial, to 

eliminate any claims or defenses found through discovery to be lacking in merit, to obtain 

admissions that will avoid unnecessary proof at trial, and to avoid unnecessary discovery.

E. The Necessity or Desirability of Amendments to the Pleadings

The parties reserve the right to amend the pleadings up to the deadline for doing so and 

thereafter upon motion for good cause.

F. The Possibility of Obtaining Admissions of Fact and Documents

The parties will work together, in good faith, to stipulate to undisputed facts and to obtain 

admission that will avoid unnecessary proof at trial. The parties are not aware of any specific ediscovery related issues at this time, but in the event discovery or e-discovery issues arise during 

the pendency of this case, the parties agree to meet and confer to resolve any such issues prior to 

seeking intervention of the Court.

G. Suggestions for the Avoidance of Unnecessary Proof and Cumulative Evidence

The parties agree to cooperate in developing pretrial stipulations to avoid unnecessary 

proof and cumulative evidence.

H. Suggestions on the Advisability of Referring Matters to Magistrate Judge or 

Master

The parties agree to have discovery matters referred to the Magistrate Judge for resolution.

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I. Preliminary Estimate of Time for Trial

The parties estimate that the trial of this matter will take five days.

J. Pretrial Conference and Trial Dates

See Section II.C above. The parties defer to the Court with regard to any need for a pretrial 

conference.

K. Any Issue About Disclosure, Discovery, or Preservation of Electronically 

Preserved Information

There are no issues identified at this time.

L. Any Other Information Helpful to the Court in Setting the Case for 

Conference

None at this time.

Respectfully submitted,

HIRZEL DREYFUSS & DEMPSEY

PLLC

2333 Brickell Avenue, Suite A-1

Miami, Florida 33129

Telephone: (305) 615-1617

Facsimile: (305) 615-1585

By: /s/ Patrick G. Dempsey

Leon F. Hirzel

Florida Bar No. 085966

hirzel@hddlawfirm.com

Patrick G. Dempsey

Florida Bar No. 27676

Dempsey@hddlawfirm.com

Counsel for Plaintiff

HOGAN LOVELLS US LLP

600 Brickell Avenue, Suite 2700

Miami, Florida 33131

Telephone: (305) 459-6500

Facsimile: (305) 459-6550

By: /s/Craig H. Smith

Craig H. Smith

Florida Bar No. 96598

Florida Board Certified – Health Law

craig.smith@hoganlovells.com

James L. VanLandingham

Florida Bar No. 106761

James.vanlandingham@hoganlovells.com

Counsel for Defendant Simply Healthcare 

Plans, Inc.

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on August 27, 2020, the foregoing was filed with the Clerk 

of Court using CM/ECF, which will serve a Notice of Electronic Filing on all counsel of record.

By: /s/Patrick Dempsey

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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Miami Division

CASE NO.: 20-cv-22967-BLOOM/Louis

OPTIMUS MSO II INC., 

Plaintiff,

v.

SIMPLY HEALTHCARE PLANS, INC.,

Defendant.

/

PRETRIAL DEADLINES AND TRIAL DATE

09/25/2020 Joinder of parties and claims, and amendment of pleadings. 

10/07/2021 Deadline to file Proposed Order Scheduling Mediation including name of 

mediator, date, time and location of the mediation consistent with the Order of 

Referral of Mediation.

05/24/2021 All fact discovery to be completed.

Deadline to submit joint notice indicating whether the parties consent to 

jurisdiction before the designated magistrate judge for purpose of final 

disposition.

Deadline for Plaintiff to disclose expert witness summaries/reports pursuant to 

F.R.C.P. 26(a)(2). Rebuttal disclosures are permitted, and must conform to the 

deadline set forth in F.R.C.P. 26(a)(2)(D)(ii).

06/28/2021 Deadline for Defendant to disclose expert witness summaries/reports pursuant to 

F.R.C.P. 26(a)(2). Rebuttal disclosures are permitted, and must conform to the 

deadline set forth in F.R.C.P. 26(a)(2)(D)(ii).

07/12/2021 Deadline to complete mediation, consistent with the Order of Referral to 

mediation

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08/02/2021 All expert discovery must be completed.

08/16/2021 Deadline for the filing of all dispositive motions.

09/06/2021 Deadline to file pretrial motions, including motions in limine and Daubert 

motions.

10/06/2021 Deadline to file joint pretrial stipulation pursuant to Local Rule 16.1(e) and 

pretrial disclosures pursuant to F.R.C.P. 26(a)(3).

10/27/2021 Final proposed jury instructions (for jury trial) or findings of fact and conclusions 

of law (for bench trial) must be submitted pursuant to Local Rule 16.1(k).

11/15/2021 Trial Date.

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