UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 20-61249-CIV-DIMITROULEAS

JHON SARMIENTO, Individually and

on behalf of all others similarly situated,

Plaintiff,

vs.

SCHEAR CONSTRUCTION, LLC, a

Florida Limited Liability Company,

Defendant.

___________________________________/

ORDER REQUIRING COUNSEL TO MEET, FILE JOINT SCHEDULING REPORT 

AND JOINT DISCOVERY REPORT

THIS ORDER has been entered upon the filing of the Complaint. Plaintiff’s counsel is 

hereby ORDERED to forward to all Defendants, upon receipt of a responsive pleading, a copy of 

this order.

It is further ORDERED:

1. Pretrial discovery in this case shall be conducted in accord with Federal Rule of Civil 

Procedure 26 and Southern District of Florida Local Rule 16.1.

2. Within thirty-five (35) calendar days of the filing of the first responsive pleading by 

the last responding defendant, unless this action is excluded under Rule 26(a)(1)(B), the parties 

shall file a Joint Scheduling Report and Joint Proposed Order pursuant to Local Rule 16.1.B.2.1

In preparing the Joint Scheduling Report and Joint Proposed Order the parties shall adhere to the 

following deadlines:

 1 This time period is inclusive of the additional time provided pursuant to Rule 6(d).

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A. The parties must confer within fifteen (15) calendar days after the filing of the 

first responsive pleading by the last responding defendant, to consider the nature and basis of 

their claims and defenses and the possibilities for a prompt settlement or resolution of the case, 

to make or arrange for the disclosures required by Rule 26(a)(1), and to develop a proposed 

discovery plan that indicates the parties’ view and proposals concerning the matters listed in 

Rule 26(f). The parties are jointly responsible for submitting a written report of this conference 

outlining the proposed discovery plan at the time they file their Joint Scheduling Report and 

Joint Proposed Order.

B. Counsel for the parties shall hold a scheduling conference either at the same 

time as the discovery conference described in Rule 26(f) or within ten (10) calendar days 

thereafter. See Local Rule 16.1.B.

C. Within seven (7) calendar days of the scheduling conference, counsel shall file 

a joint scheduling report pursuant to Local Rule 16.1.B. This report shall indicate the 

proposed month and year for the trial plus the estimated number of trial days required. Should 

this be a case in which a class is sought, the report shall include a date by which any motions for 

class certifications shall be filed.

D. The Court notes that, pursuant to Local Rule 16.2, parties are required to agree 

upon a mediator and advise the Clerk’s Office of their choice within fourteen (14) days of this 

Court issuing a Scheduling Order.

3. The parties may submit a single report combining the discovery plan report and the 

scheduling conference report. However, unilateral submissions are prohibited.

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4. Failure of counsel or unrepresented parties to file a discovery plan report or joint 

scheduling report may result in dismissal, default, and the imposition of other sanctions 

including attorney’s fees and costs.

5. If a case is settled, counsel are directed to inform the Court promptly at (954) 769-

5650, and to submit an appropriate stipulation Order for Dismissal, pursuant to Rule 41(a)(1). 

Such an Order must be filed within ten (10) calendar days of notification of the Court. If the 

parties expect the Court to retain jurisdiction over a settlement agreement, the stipulation of 

dismissal must include language conditioning the stipulation on the Court retaining jurisdiction 

to enforce the settlement agreement.2

DONE AND SIGNED in Chambers at Fort Lauderdale, Broward County, Florida, this 

29th day of June, 2020.

Copies furnished to:

Andrew R. Frisch, Esquire

 2 “[F]or a district court to retain jurisdiction over a settlement agreement where the parties dismiss the case by filing 

a stipulation for dismissal pursuant to Rule 41(a)(1)(A)(ii) ... the parties must condition the effectiveness of the 

stipulation on the district court’s entry of an order retaining jurisdiction.” Anago Franchising, Inc. v. Shaz, 

LLC, 677 F. 3d 1272, 1280 (11th Cir. 2012)(emphasis added).

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