UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No. 20-23179-Civ-COOKE/GOODMAN

MOUNTECH IP LLC,

Plaintiff,

vs.

HMD AMERICA, INC.,

Defendant.

____________________________________/

ORDER OF REFERRAL AND

ORDER REGARDING COURT PRACTICES AND PROCEDURES

THIS MATTER comes before the Court on the filing of the Complaint. The Court 

has reviewed the Complaint. To efficiently, expeditiously, and economically resolve this 

dispute, it is ORDERED as follows: 

I. COUNSEL TO MEET AND FILE JOINT SCHEDULING REPORT

1. Plaintiff will forward a copy of this Order to all defendants, upon notice of 

appearance of defense counsel.

2. Discovery in this case will be conducted in accordance with the Federal Rules 

of Civil Procedure and Southern District of Florida Local Rules (effective December 1, 

2019), except that the deadlines under Local Rules 16.1 (d), (e), (h), (j), and (k), may be 

modified by further order of the Court.

3. In addition to complying with Local Rule 7.1, any motion and accompanying 

memorandum of law will not exceed a combined length of twenty pages, all non-dispositive 

motions must be accompanied by a proposed order, and all motions, memoranda of law, 

proposed orders, and other documents created for the Court’s review will be uploaded from a 

PDF document created within MS Word (and not from a scanned PDF document). Finally, 

motions, memoranda of law, proposed orders, and other documents created for the Court’s 

review must adhere to the following specifications:

a. 12 pt. Calisto MT font;

b. One inch margins on all sides;

Case 1:20-cv-23179-MGC Document 6 Entered on FLSD Docket 08/18/2020 Page 1 of 9
c. 1/2 inch tab setting;

d. 1.5 Line Spacing;

e. Full Justified;

f. Conforming to the exemplar order at Attachment E to this Order;

g. Filed electronically with the corresponding motion; and

h. In the case of proposed orders, e-mailed as a Microsoft Word (.doc) 

document to cooke@flsd.uscourts.gov. The subject line of the e-mail will include: (i) case 

number, (ii) case name, and (iii) docket entry number of the corresponding motion.

Failure to comply with the foregoing requirements may result in the relevant motion 

being denied without prejudice.

4. Within 45 days of service upon the defendant(s), counsel will file a Joint 

Scheduling Report and Joint Proposed Scheduling Order pursuant to Local Rule 16.1(b)(2), 

with a complete service list containing the name, address, e-mail address, phone number, 

fax number, and party represented of each counsel.

5. Counsel for the parties will meet in person or telephonically for a scheduling 

conference at least 21 days prior to the date the above Joint Proposed Scheduling Order is 

due. At this conference, the parties will accomplish the following: (1) determine the 

appropriate case management track for the action pursuant to Local Rule 16.1(a)(2); (2) 

develop a case management plan which sets deadlines in compliance with paragraphs A, B, 

and C below; and (3) discuss settlement in good faith.

A. The Joint Scheduling Report will include all information required by

the eleven subsections, (A) through (K), of Local Rule 16.1(b)(2). Unilateral submissions 

are prohibited.

B. As an attachment to the parties’ Joint Scheduling Report, and in 

Compliance with Local Rule 16.1(b)(2), the parties will jointly complete Attachment A to 

this Order. The parties will insert the specific day, month and year for each listed deadline 

that applies to the parties’ case management plan. In completing Attachment A, the parties 

will take into consideration the suggested pretrial deadlines set out in Attachment B to this 

Order. If the parties agree that one or more of the proposed deadlines (such as “expert 

witness deadlines”) are not appropriate for this action, they may strike the language and 

omit that proposed deadline in Attachment A. The parties’ proposed dates will include: (1) 

Case 1:20-cv-23179-MGC Document 6 Entered on FLSD Docket 08/18/2020 Page 2 of 9
at least 17 weeks between the deadline for all pretrial dispositive motions and the proposed 

trial date; and (2) at least five weeks between the deadline for the pretrial stipulation and 

the proposed trial date.

C. As part of the Joint Scheduling Report, the parties will jointly

complete and file with the Court the Magistrate Judge Jurisdiction Election Form appended 

to this Order as Attachment C. The Court will not accept unilateral submissions in this 

regard; thus, a “Yes” should be checked only if all parties agree. If the parties consent to a 

full disposition of the case by the Magistrate Judge, including trial and entry of final 

judgment, the parties will jointly file the election form appended to this Order as Attachment 

D.

6. The Parties must jointly select a mediator certified under Local Rule 16.2(b), 

and schedule a time, date, and place for mediation. In addition, the Parties must jointly file 

a proposed order scheduling mediation. If the parties cannot agree on a mediator, they will

notify the clerk in writing as soon as possible and the Clerk will designate a certified 

mediator on a blind rotation basis. Counsels for all parties will familiarize themselves with 

and adhere to all provisions of Local Rule 16.2. The parties will complete mediation at least 

30 days prior to the calendar call.

7. The foregoing information will aid the Court in its management of this case, 

including the expeditious resolution of any discovery disputes, and help the parties focus on 

the key issues of the case at an early stage in the proceedings. Accordingly, failure of the 

parties to file a joint scheduling report may result in dismissal, default, or the imposition 

of other sanctions, including attorney’s fees and costs.

II. EXPEDITED SERVICE

It is further ORDERED and ADJUDGED that, to expedite the processing of the 

action, Plaintiff will serve the Defendant with a copy of the summons and complaint within 

60 days of the date of this Order. If Plaintiff is unable to do so, Plaintiff will provide an 

explanation to the Court as to the reason why Defendant has not been served within the 

allotted sixty days and will provide a detailed description of the attempts he has made to 

serve Defendant. Failure to comply with this Order may lead to immediate dismissal of this 

cause.

Case 1:20-cv-23179-MGC Document 6 Entered on FLSD Docket 08/18/2020 Page 3 of 9
III. REFERRAL OF CASE TO MAGISTRATE JUDGE

This case is REFERRED to the Honorable Jonathan Goodman, United States 

Magistrate Judge for the Southern District of Florida, for appropriate resolution of all nondispositive pretrial matters, as well as motions for attorney’s fees and costs and motions for 

sanctions, in accordance with 28 U.S.C. §§ 636(b)(1)(A) and (B). Motions in Limine and any 

motion affecting deadlines set by the Court's Scheduling Order are excluded from this referral, 

unless specifically referred by separate order.

The Parties are notified that all subsequent pleadings bearing on matters referred to 

the Magistrate Judge will be so designated by setting forth beneath the case number the 

identity of the Magistrate Judge to which the matter has been referred and the date of the 

Order of Reference. Parties must also abide by Magistrate Judge Goodman’s Discovery 

Procedures Order appended as Attachment F to this Order.

IV. NOTICE OF JOINT MOTIONS

The parties are hereby notified that multiple Plaintiffs or Defendants will file joint 

dispositive motions with co-parties unless there are clear conflicts of positions or grounds for 

relief. 

DONE and ORDERED in chambers, Miami, Florida, this 17th day of August 2020.

Copies furnished to: 

Jonathan Goodman, U.S. Magistrate Judge

Counsel of record

Case 1:20-cv-23179-MGC Document 6 Entered on FLSD Docket 08/18/2020 Page 4 of 9
Attachment A: Pretrial Deadlines, Pretrial Conference and Trial Date

___________ Joinder of parties and claims, and amendment of pleadings.

(INSERT DATES)

____________ Parties will furnish opposing counsel with a written list containing the names and addresses of all 

fact witnesses intended to be called at trial and only those witnesses listed will be permitted to testify unless good cause 

is shown and there is no prejudice to opposing party. The parties are under a continuing obligation to supplement 

discovery responses within ten days of receipt or other notice of new or revised information.

____________ All fact discovery must be completed. 

____________ Plaintiff must furnish expert witness list to the Defendant, along with the summaries/reports 

required by Fed. R. Civ. P. 26(a)(2), and only those expert witnesses will be permitted to testify. Within the fourteenday period thereafter, Plaintiff will make its experts available for deposition by Defendant.

____________ All dispositive and other pretrial motions not explicitly excluded by Local Rule 7.1(a)(1), and 

accompanying memoranda of law must be filed. A minimum of 17 weeks is required for the Court to review dispositive 

motions prior to filing of the joint pretrial stipulation. If no dispositive motions will be filed, clearly note this fact in the 

Joint Scheduling Report.

____________ Defendant must furnish expert witness list to the Plaintiff along with the summaries/reports 

required by Fed. R. Civ. P. 26(a)(2), and only those expert witnesses will be permitted to testify. Within the fourteenday period thereafter, Defendant will make its experts available for deposition by Plaintiff. 

____________ All expert discovery must be completed. 

____________ All Daubert and Markman motions and accompanying memoranda of law must be filed. If a 

Daubert or Markman hearing is necessary, add that as an additional deadline at the bottom of Attachment A.

____________ Mediation must be completed. (The parties should select the earliest date to maximize resolution 

of the case in a manner that promotes client and judicial economy.)

____________ (a) Joint pretrial stipulation must be filed pursuant to Local Rule 16.1(e). The pretrial stipulation 

will include Plaintiff’s non-binding breakdown of damages with corresponding amounts; the witness lists will be pared 

down to those witnesses the parties actually intend to call at trial; and the exhibit lists will identify the witness 

introducing each exhibit. The parties will meet at least one month prior to the deadline for filing the pretrial stipulation 

to confer on the preparation of that stipulation. The Court will not accept unilateral pretrial stipulations, and will strike, 

sua sponte, any such submissions; and

(b) Joint Summary of Respective Motions in Limine must be filed. The Summary will contain a cover page providing 

the style of the case and an index of the motions in limine. The Summary will also include for each evidentiary issue: (i) 

a one page motion identifying the evidence sought to be precluded at trial and citing legal authority supporting 

exclusion; and (ii) a one page response to the motion providing a statement of the purpose for which the challenged 

evidence would be offered and citing legal authority in support of admission of the challenged evidence. The parties will

work together to prepare the Summary. Prior to submission of the Summary, the parties are encouraged to resolve 

evidentiary issues through stipulation.

____________ Final proposed jury instructions (for jury trial) or findings of fact and conclusions of law (for 

bench trial) must be submitted. (A courtesy copy will be submitted to chambers at cooke@flsd.uscourts.gov, in Microsoft Word 

format). Each party’s trial witness list, with one-sentence synopsis and time needed for direct and cross examination; 

proposed voir dire questions; and deposition designations.

____________ Trial Date.

Case 1:20-cv-23179-MGC Document 6 Entered on FLSD Docket 08/18/2020 Page 5 of 9
Attachment B: Suggested Pretrial Deadlines

31 weeks prior to 

pretrial stipulation

Joinder of parties and claims, and amendment of pleadings.

21 weeks prior to 

pretrial stipulation

Parties will furnish opposing counsel with a written list containing the names and addresses of 

all fact witnesses intended to be called at trial and only those witnesses listed will be permitted 

to testify.

18 weeks prior to 

pretrial stipulation

All fact discovery must be completed.

16 weeks prior to 

pretrial stipulation

Plaintiff must furnish expert witness list to the Defendant, along with the summaries/reports 

required by Fed. R. Civ. P. 26(a)(2), and only those expert witnesses will be permitted to 

testify. Within the fourteen-day period thereafter, Plaintiff will make its experts available for 

deposition by Defendant.

17 weeks prior to 

pretrial stipulation

All dispositive pretrial motions and memoranda of law must be filed. A minimum of 17 weeks

is required for the Court to review dispositive motion prior to filing of the joint pretrial 

stipulation. If no dispositive motions will be filed, clearly note this fact in the Joint Scheduling 

Report.

14 weeks prior to 

pretrial stipulation

Defendant must furnish expert witness list to the Plaintiff along with the summaries/reports 

required by Fed. R. Civ. P. 26(a)(2), and only those expert witnesses will be permitted to 

testify. Within the fourteen-day period thereafter, Defendant will make its experts available for 

deposition by Plaintiff.

12 weeks prior to 

pretrial stipulation

All expert discovery must be completed. If a Daubert or Markman hearing may be necessary, 

the parties are to add that as an additional deadline at the bottom of attachment A. 

11 weeks prior to 

pretrial stipulation

All Daubert and Markman motions and accompanying memoranda of law must be filed. If a 

Daubert or Markman hearing is necessary, the parties are to add that as an additional deadline 

at the bottom of attachment A.

10 weeks prior to 

pretrial stipulation

Mediation must be completed. (The parties should select the earliest date to maximize 

resolution of the case in a manner that promotes client and judicial economy.)

5 weeks prior to the 

Friday before trial 

period

(a) Joint pretrial stipulation must be filed pursuant to Local Rule 16.1(e). The pretrial 

stipulation will include Plaintiff’s non-binding breakdown of damages with corresponding 

amounts and other relief sought. The parties will meet at least one month prior to the deadline 

for filing the pretrial stipulation to confer on the preparation of that stipulation. The Court will 

not accept unilateral pretrial stipulations, and will strike, sua sponte, any such submissions; and

(b) Joint Summary of Respective Motions in Limine must be filed. The Summary will contain 

a cover page providing the style of the case and an index of the motions in limine. The 

Summary will also include for each evidentiary issue: (i) a one page motion identifying the 

evidence sought to be precluded at trial and citing legal authority supporting exclusion; and 

(ii) a one page response to the motion providing a statement of the purpose for which the 

challenged evidence would be offered and citing legal authority in support of admission of the 

challenged evidence. The parties will work together to prepare the Summary. Prior to 

submission of the Summary, the parties are encouraged to resolve evidentiary issues through 

stipulation.

Friday before Calendar 

Call

Final proposed jury instructions (for jury trial) or findings of fact and conclusions of law (for 

bench trial) must be submitted. (A courtesy copy will be submitted to chambers at

cooke@flsd.uscourts.gov, in Microsoft Word format). Each party’s trial witness list, proposed voir 

dire questions, and deposition designations.

Case 1:20-cv-23179-MGC Document 6 Entered on FLSD Docket 08/18/2020 Page 6 of 9
Attachment C: Magistrate Judge Jurisdiction Election Form

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No. 20-23179-Civ-COOKE/GOODMAN

MOUNTECH IP LLC,

Plaintiff,

vs.

HMD AMERICA, INC.,

Defendant.

____________________________________/

ELECTION TO JURISDICTION BY A UNITED STATES

MAGISTRATE JUDGE FOR FINAL DISPOSITION OF MOTIONS

In accordance with the provisions of 28 U.S.C. § 636(c), the undersigned parties to the 

above-captioned civil matter hereby jointly and voluntarily elect to have a United States 

Magistrate Judge decide the following motions and issue a final order or judgment with respect 

thereto:

1. Motions for Costs Yes _____ No _____

2. Motions for Attorney’s Fees Yes _____ No _____

3. Motions for Sanctions Yes _____ No _____

____________ ________________________________________

(Date) (Signature-Plaintiff’s Counsel)

__________ ________________________________________

(Date) (Signature-Defendant’s Counsel)

Case 1:20-cv-23179-MGC Document 6 Entered on FLSD Docket 08/18/2020 Page 7 of 9
Attachment D: Magistrate Judge Jurisdiction Election Form

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No. 20-23179-Civ-COOKE/GOODMAN

MOUNTECH IP LLC,

Plaintiff,

vs.

HMD AMERICA, INC.,

Defendant.

____________________________________/

ELECTION TO JURISDICTION BY 

A UNITED STATES MAGISTRATE JUDGE FOR TRIAL

In accordance with the provisions of 28 U.S.C. § 636(c), the undersigned parties to the 

above-captioned civil matter hereby jointly and voluntarily elect to have a United States 

Magistrate Judge conduct all further proceedings in the case, including trial, and entry of final 

judgment with respect thereto.

___________ _________________________________

(Date) (Signature-Plaintiff’s Counsel)

___________ _________________________________

(Date) (Signature-Defendant’s Counsel)

Case 1:20-cv-23179-MGC Document 6 Entered on FLSD Docket 08/18/2020 Page 8 of 9
Attachment E: Exemplar Order

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No. 20-23179-Civ-COOKE/GOODMAN

MOUNTECH IP LLC,

Plaintiff,

vs.

HMD AMERICA, INC.,

Defendant.

____________________________________/

TITLE OF ORDER

THIS MATTER is before the Court on the [Plaintiff/Defendant, insert name(s),] 

Motion for [insert motion title], [ECF No. (insert docket entry number)], filed [insert date].

The Court, having reviewed the Motion and being fully advised in the premises, 

hereby ORDERS and ADJUDGES as follows:

[Insert text of proposed judgment and order].

DONE and ORDERED in Chambers, Miami, Florida, this day of [insert month] 

20__.

___________________________________

MARCIA G. COOKE

UNITED STATES DISTRICT JUDGE

Copies furnished to:

Jonathan Goodman, U.S. Magistrate Judge

Counsel of record

Case 1:20-cv-23179-MGC Document 6 Entered on FLSD Docket 08/18/2020 Page 9 of 9