UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO : 20-23216-CV-UNGARO

CARLOS TOLEDO,

Plaintiff,

C4 PLA NN IN G SO LS., LLC.,

Defendant.

ORDER SETTING INITIAL PLANNING AND SCH EDULING CONFERENCE

TH IS CAUSE is hereby setting for an lnitial Planning and Scheduling Conference before

the Honorable Ursula Ungaro, at the United States Courthouse, 400 N . M iam i Avenue, 12th Floor,

Coul-troom 4, M iam i, Florida, on O CTOBER 9, 2020 AT 11:00 A.M .

Counsel for the Plaintiffts) is instructed to provide copies of this order to a11 counsel of

record and to any unrepresented parties that have appeared in the case. Pursuant to Fed.R.CiV.P.

26(9 and Local Rule 16.1B, the parties arejointly responsible for conferring to develop a proposed

discovery plan; thereafter, the parties are to file and serve a Joint Planning and Scheduling Report,

together with aproposed Scheduling Order, and an attached service list includingthe parties' nam es,

phone numbers and facsim ile numbers. The report and proposed order must be filed by

SEPTEM BER 25, 2020 and must recite the following:

A plain statem ent of the nature of the claim and any counterclaim s, cross-claim s, or

third-party claim , including the am ount of dam ages claimed and any other relief

sought.

A brief summ ary of the facts which are uncontested or which can be stipulated to

without discovery.

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A brief sum mary of the issues as presently known.

W hether discovery should be conducted in phases or lim ited to particulr issues.

A detailed schedule of discovery for each party.

Proposed deadlines forjoinder of otherparties andto amend the pleadings, to file and

hear motions and to complete discovery.

Proposed approxim ate dates for final pre-trial conferences and trial.

The projected time necessary for trial and a statement of whether the case is jury or

non-jury trial.

A list of al1 pending m otions, whether each m otion is (tripe'' for review, the date each

motion becam e ripe, and a sum mary of the parties' respective positions with respect

to each ripe motion.

8.

10. Any unique legal or factual aspects of the case requiring special consideration by the

Court.

Any potential need for references to a special m aster or m agistrate.

The status and likelihood of settlem ent.

Such other matters as are required by Local Rule 16. 1(B) and as may aid the Court

in setting the case for status or pretrial conference and in the fair and expeditious

administration and disposition of this action.

SER VIC E O F PR O C ESS

N otw ithstanding the provisions of Federal R ule of Civil Procedure 4, the Plaintiff is

ordered to serve and file returns of service on all D efendants prom ptly and at least no later

than 14 days prior to the Planning and Scheduling Conference. ln the ekent any D efendant

remains unserved by that date, Plaintiff m ust include in the Joint Planning and Scheduling

Report a detailed explanation sufficient to show good cause for the failure to effect service.

lf Plaintiff fails to provide a sufficient explanation, the unserved D efendant w ill be dism issed

from the action w ithout further notice.

ELEC TR O N ICA LLY ST O R ED IN FO R M A TIO N

lf the parties anticipate that electronically stored information (''ES1'') will be relevant to the

parties' claims and defenses, they m ust engage in discussions and anive at a plan, which is

proportional and reasonable in relation to the nature and com plexity of the case, for the preservation,

identification, and production of ESI. The plan shall be separately subm itted to the Court at the time

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of filing the proposed Scheduling Order for Court approval.

ln formulating a plan, the parties shall include, if necessary to the case, their stipulation

regarding the specifcation of the formats in which docum ents are to be produced, the metadata

fields, if any, that will be requested, the m ethods by which responsive docum ents will be identifed,

the procedures they will employ to protect claim s of privilege, and other requirem ents, conditions

orprovisions thattheparties believe are necessaryto facilitate and expedite ESI document discovery.

W ith respect to initial disclosures required under Fed. R. Civ. P. 26(a)(1)-(2), pursuant to

Rule 26(a), the disclosures must be made at or before the time the parties confer to develop the

discovery plan. The parties m ust ceMify in the Joint Scheduling Report that such disclosures have

been made unless a party objects during the conference that the required disclosurets) is not

appropriate in the circumstances of the action and files an objection to the specific disclosurets) with

the Court. Such objections must be filed no later than fifteen (15) days prior to the lnitial Plalming

and Scheduling Conference and must include a full explanation of the basis for the objections.

In the event that m otions are pending before the Court at the tim e of the Conference, the

parties shall be prepared to argue, at the Court's discretion, the m erits of such m otions.

In the event the Court issues a Scheduling Order prior to the Initial Planning and

Scheduling C onference based on the inform ation provided by the parties in their Joint

Planningand SchedulingReport,the Courtwill notify the parties whether the Conferencewill

be canceled.

DONE AND O RDERED this day of August, 2020 at M iam i, Florida.

U R SU LA UN G A R O

UNITED STATES DISTY CT TUDGE

cc: a11 counsel of record

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