UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 20-81036-CIV-SINGHAL/Matthewman

TWISTED TSUNAMI, LLC,

d/b/a TWO TWISTED ITALIANS BISTRO,

Plaintiff,

v.

AMGUARD INSURANCE COMPANY,

Defendant.

__________________________________________/

ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING

MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE

THIS CAUSE is set for trial during the Court’s two-week trial calendar beginning 

on April 26, 2021, at 9:00 a.m. Calendar call will be held at 10:00 a.m. on Friday, April 

23, 2021. No pre-trial conference will be held unless a party requests one at a later date 

and the Court determines that one is necessary. Unless instructed otherwise by 

subsequent order, the trial and all other proceedings in this case shall be conducted in

Courtroom 110 at the United States Courthouse, 299 East Broward Boulevard, Fort 

Lauderdale, Florida 33301. The parties shall adhere to the following schedule:

08/28/2020 The parties shall select a mediator pursuant to Local Rule 16.2, 

shall schedule a time, date, and place for mediation, and shall 

jointly file a notice, and proposed order scheduling mediation

via CM/ECF in the form specified on the Court’s website, 

http://www.flsd.uscourts.gov. If the parties cannot agree on a 

mediator, they shall notify the Clerk in writing as soon as possible, 

and the Clerk shall designate a certified mediator on a blind 

rotation basis. Counsel for all parties shall familiarize themselves 

with and adhere to all provisions of Local Rule 16.2. Within three 

(3) days of mediation, the parties are required to file a mediation 

report with the Court. Pursuant to the procedures outlined in the 

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CM/ECF Administrative Procedures, the proposed order is also 

to be e-mailed to singhal@flsd.uscourts.gov in Word format.

09/04/2020 All motions to amend pleadings or join parties are filed.

12/04/2020 All fact discovery is completed.

12/11/2020 Parties disclose experts and exchange expert witness summaries 

or reports.

12/18/2020 Parties exchange rebuttal expert witness summaries or reports.

12/21/2020 All expert discovery is completed.

01/07/2021 Parties must have completed mediation and filed a mediation 

report.

01/08/2021 All pre-trial motions and Daubert motions (which include motions 

to strike experts) are filed. This deadline includes all 

dispositive motions.

02/05/2021 All motions in limine are filed.

04/13/2021 Parties submit joint pre-trial stipulation in accordance with Local 

Rule 16.1(e), proposed jury instructions and verdict form, or 

proposed findings of fact and conclusions of law, as applicable.

Motions in Limine. Each party is limited to filing one motion in limine. If all 

evidentiary issues cannot be addressed in a 20-page memorandum, the parties may seek 

leave to exceed the page limit. No reply will be filed unless ordered by the Court. The 

parties are reminded that motions in limine must contain the Local Rule 7.1(a)(3) 

certification.

Daubert Motions. Each side is limited to filing one Daubert motion per expert, 

limited to 10 pages. The response shall be limited to 10 pages and no reply will be filed 

unless ordered by the Court. If all evidentiary issues cannot be addressed in a 10-page 

memorandum, the parties may seek leave to exceed the page limit. The parties are 

reminded that Daubert motions must contain the Local Rule 7.1(a)(3) certification.

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Summary Judgment Motions. The parties are reminded that strict compliance 

with Local Rule 56.1 is mandated. Pursuant to Local Rule 56.1(a)(2), a statement of 

material facts must be supported by specific references to pleadings, depositions, 

answers to interrogatories, admissions, and affidavits on file with the Court. In the event 

a responding party fails to controvert a movant’s supported material facts in an opposing 

statement of material facts, the movant’s material facts will be deemed admitted. See

S.D. Fla. L.R. 56.1(b). In the interest of judicial economy, in the interest of proper and

careful consideration of each party’s statement of material facts, and in the interest of

determining matters on summary judgment on the merits, the Court orders the parties to 

file any statements of material facts as follows:

1. The moving party shall file a statement of material facts as a separate filing 

from a motion for summary judgment.

2. Each material fact in the statement that requires evidentiary support shall 

be set forth in an individually numbered paragraph and supported by a 

specific citation. This specific citation shall reference pages (and paragraph 

or line numbers, if applicable) of the cited exhibit(s). When a material fact 

requires evidentiary support, a general citation to an exhibit, without a 

page number or pincite, is not permitted.

3. Each exhibit referenced in the motion for summary judgment and/or in the 

statement of material facts must be filed on the docket. Exhibits which have 

already been filed on the docket need not be refiled. If a deposition 

transcript is referenced, a complete copy must be filed which includes all 

exhibits. Within twenty-four (24) hours of filing a motion for summary 

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judgment, the movant shall separately file an index of the cited exhibits 

which names each exhibit and references the docket entry at which that 

exhibit may be found.

4. The responding party may file an opposing statement of material facts 

which responds to the moving party’s statement of material facts. A 

responding party’s opposing statement of material facts must specifically 

respond to each statement in the movant’s statement by setting forth each 

of the individually numbered paragraphs contained in the movant’s 

statement and after each paragraph, detail respondent’s response or 

opposition. By way of example:

Movant’s Statement of Material Facts

1. Blackacre is a vacant property located at 123 Main Street. Exhibit A ¶ 1.

2. John Smith owns Blackacre. Exhibit B ¶ 12.

Respondent’s Opposing Statement of Material Facts

1. Blackacre is a vacant property located at 123 Main Street. Exhibit A ¶ 1.

Admitted that Blackacre is located at 123 Main Street. Exhibit A ¶ 1. 

Denied that the property is vacant. Exhibit C at 5.

2. John Smith owns Blackacre. Exhibit B ¶ 12.

Denied as phrased. Admitted that the last recorded deed to Blackacre 

names John Smith. Exhibit B ¶ 12.

5. Each exhibit referenced in the response to the motion for summary 

judgment and/or in the opposing statement of material facts must be filed 

on the docket. Exhibits which have already been filed on the docket need 

not be refiled. If a deposition transcript is relied upon, a complete copy must 

be filed which includes all exhibits. Within twenty-four (24) hours of filing 

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a response to the motion for summary judgment, the responding party shall 

separately file an index of the cited exhibits which names each exhibit and 

references the docket entry at which that exhibit may be found.

6. In the event that cross motions for summary judgment are filed, the Court 

may order the parties to submit a consolidated statement of material facts 

and responses as appropriate. If cross motions are anticipated, the parties 

may jointly move for an order to file consolidated statements prior to filing 

the motions for summary judgment.

Jury Instructions and Verdict Form (if applicable). The parties shall submit 

their proposed jury instructions and verdict form jointly, although they need not agree on 

each proposed instruction. Where the parties do not agree on a proposed instruction, 

that instruction shall be set forth in bold type. Instructions proposed only by a plaintiff shall 

be underlined. Instructions proposed only by a defendant shall be italicized. Every 

instruction must be supported by citation to authority. The parties shall use as a guide 

the Eleventh Circuit Pattern Jury Instructions for Civil Cases, including the directions to 

counsel contained therein. Proposed jury instructions and verdict form, in typed form, 

including substantive charges and defenses, shall be submitted to the Court prior to 

calendar call, in Word format, via e-mail to singhal@flsd.uscourts.gov.

Referral to Magistrate Judge. Pursuant to 28 U.S.C. § 636 and this District’s 

Magistrate Judge Rules, all discovery matters are referred to Judge William 

Matthewman. Furthermore, pursuant to 28 U.S.C. § 636(c)(1), the parties may consent 

to trial and final disposition by Judge William Matthewman. The deadline for submitting 

consent is February 5, 2021.

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Discovery. The parties may stipulate to extend the time to answer interrogatories, 

produce documents, and answer requests for admissions. The parties shall not file with 

the Court notices or motions memorializing any such stipulation unless the stipulation 

interferes with the deadlines set forth above. Stipulations that would so interfere may be 

made only with the Court’s approval. See Fed. R. Civ. P. 29. In addition to the documents 

enumerated in Local Rule 26.1(b), the parties shall not file notices of depositions with the 

Court. The parties must make every effort to resolve discovery disputes without requiring 

Court intervention. Strict compliance with the Local Rules is expected, particularly with 

regard to motion practice. See S.D. Fla. L.R. 7.1.

Discovery Disputes. Magistrate Judge Matthewman requires an expedited 

briefing schedule and shortened page limitation for discovery motions (which must 

contain the Local Rule 7.1(a)(3) certification of good faith conference) to prevent delay to 

the pretrial schedule. All discovery motions shall be no longer than five (5) pages. The 

purpose of the motion is merely to frame the discovery issues and succinctly explain the 

dispute. The moving party MUST attach as exhibits any materials relevant to the 

discovery dispute (e.g., discovery demands and discovery responses). The opposing 

party must file a response to the motion, no longer than five (5) pages, within five (5) 

business days of service of the discovery motion. The moving party shall have three 

(3) business days from the date of service of the response to file a reply if it chooses to 

do so. The reply shall be no longer than five (5) pages. If Judge Matthewman 

determines that a discovery hearing on the motion is necessary, he will then enter an 

order setting the matter down for a hearing.

Civility and Professionalism. Members of the bar and the Court are proud of the 

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long tradition of courteous practice in the Southern District of Florida. Indeed, it is a 

fundamental tenet of this Court that attorneys in this District be governed at all times by 

a spirit of cooperation, professionalism, and civility. For example, and without limiting the 

foregoing, it remains the Court’s expectation that counsel will seek to accommodate their 

fellow practitioners, including in matters of scheduling, whenever reasonably possible and 

that counsel will work to eliminate disputes by reasonable agreement to the fullest extent 

permitted by the bounds of zealous representation and ethical practice.

To that end, the Court advises the parties that strict compliance with the 

requirements of Local Rule 7.1(a)(3) is expected. In addition, if a motion for extension of 

time is opposed, this Court requires that the certificate of conferral state briefly the 

reason(s) for opposing counsel’s objection to the requested extension.

The parties are further 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 7th day of

August 2020.

Copies furnished to counsel of record via CM/ECF

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