UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No. 20-23437-CIV-WILLIAMS

WINDY LUCIUS,

Plaintiff,

vs.

MURPHY USA INC., 

Defendants.

 /

ORDER OF REFERRAL AND OF COURT PRACTICE IN ADA CASES

THIS MATTER is before the Court upon a sua sponte review of the record. 

Pursuant to 28 U.S.C. § 636 and the Magistrate Rules of the Local Rules for the Southern 

District of Florida, all discovery disputes and non-dispositive pretrial motions are 

REFERRED to Magistrate Judge Edwin G. Torres. It is further ORDERED that the Parties 

shall adhere to the Federal Rules of Civil Procedure, the Local Rules for the Southern 

District of Florida, Judge Williams' Court Practices and Procedures, and Judge Torres' 

Standing Order Setting Discovery Procedures. Judge Williams' Court Practices and 

Procedures and Judge Torres' Standing Order Setting Discovery Procedures are 

available at the Court's website: http://www.flsd.uscourts.gov/content/judge-kathleen-mwilliams. 

Additionally, the Court notes that the Complaint alleges violations by the Defendant 

of the Americans with Disabilities Act ("ADA"), 42 U.S.C. §§ 12181 et seq. Accordingly, 

the Court ORDERS the parties to comply with the following requirements. 

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A. Verified Certificate of Counsel Regarding Any Prior Filings under the ADA

1. If counsel conducted a search of case filings in the records of the Clerk of 

the United States District Court for the Southern District of Florida to ascertain whether 

the Defendant or the Defendant’s property has ever been sued prior to the filing of this

suit for any alleged violations of the ADA, counsel shall set forth the results of that search. 

If such a search was not made prior to filing suit, counsel shall conduct a search of the 

records prior to responding to this order and indicate the results of that search; 

2. If there has been a prior suit of the nature referred to in the above 

paragraph, counsel shall state the present status of that litigation if pending and, if not 

pending, the nature of the disposition (i.e., settlement, dismissal, other);

3. If there was such litigation and it was disposed of by settlement, counsel 

shall furnish to the Court specific details of the settlement, including any agreement for 

attorneys’ fees and costs, either known or ascertainable with reasonable inquiry. Copies 

of these documents shall be furnished with the response to this Order. Counsel shall also 

inform the Court whether the Defendant (and/or property owned by the Defendant and 

the subject matter of this suit) has complied with any settlement agreement and, if not, 

what actions Defendant must take to comply with the settlement agreement entered into 

in the prior litigation; and

4. If any efforts were taken by the parties to the prior litigation to enforce the 

terms of any settlement agreement entered into in any prior litigation, counsel shall 

describe these efforts. Specifically, counsel should indicate whether the property owner 

made any of the necessary repairs to the property to try to bring it into compliance with 

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the ADA, and if not, what efforts the parties in the prior litigation have taken to enforce the 

settlement agreement entered into in that prior litigation.

5. Plaintiff’s counsel shall file with the Clerk of the Court a verified response to 

this order WITHIN TEN (10) DAYS from the date of this order. 

B. Joint Scheduling Report

WITHIN TWENTY (20) DAYS from the date that the last defendant responds to 

the complaint, the Parties shall file a joint conference report and a joint proposed 

scheduling order, as required by S.D. Fla. Local Rule 16.1(b). As part of that filing, the 

Parties shall complete and submit the attached form proposing deadlines. 

C. Non-Compliance with Order and Rules of Court 

Non-compliance with any provision of this Order, the Federal Rules of Civil 

Procedure, the Local Rules, or this Court’s Practices and Procedures (available at: 

http://www.flsd.uscourts.gov/?page_id=13071), may subject the offending party to 

sanctions, including dismissal of this case. It is the duty of all counsel to take all actions 

necessary to comply with this Order.

DONE AND ORDERED in chambers in Miami, Florida, this 20th day of August, 

2020.

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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No. XX-XXXXX-CIV-WILLIAMS

PARTY NAME,

Plaintiff(s),

vs.

PARTY NAME,

Defendant(s).

___________________/

SCHEDULE JOINTLY PROPOSED BY THE PARTIES

THIS MATTER is set for trial for the week of [Month, Day, Year]. The Parties 

propose to adhere to the following schedule:

[Month, Day, Year] The Parties shall furnish their initial disclosures 

pursuant to Fed. R. Civ. P. 26. The Parties are under 

a continuing obligation to furnish supplements within 

ten (10) days of receipt or other notice of new or 

revised information.

[Month, Day, Year] The Parties shall file motions to amend pleadings or 

join Parties.

[Month, Day, Year] The Plaintiff shall disclose experts, expert witness 

summaries and reports, as required by Federal Rule of 

Civil Procedure 26(a)(2).

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[Month, Day, Year] The Defendant shall disclose experts, expert witness 

summaries and reports, as required by Federal Rule of 

Civil Procedure 26(a)(2).

[Month, Day, Year] The Parties shall exchange rebuttal expert witness 

summaries and reports, as required by Federal Rule of 

Civil Procedure 26(a)(2).

[Month, Day, Year] The Parties shall complete all discovery, including 

expert discovery.

[Month, Day, Year] The Parties shall complete mediation and file a 

mediation report with the Court.

[Month, Day, Year] The Parties shall file all dispositive pre-trial motions 

and memoranda of law. The Parties shall also file any 

motions to strike or exclude expert testimony, whether 

based on Federal Rule of Evidence 702 and Daubert 

v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 

(1993), or any another basis.

[Month, Day, Year] The Parties shall each file one motion in limine. All 

motions in limine must be filed at least six (6) weeks 

before calendar call.

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[Month, Day, Year] The Parties shall file their joint pretrial stipulation, 

witness lists, and exhibit lists in accordance with Local 

Rule 16.1(d) and (e). The Parties shall also file final 

proposed jury instructions or conclusions of law (for 

non-jury trials).

[Month, Day, Year] The Parties shall submit their deposition designations. 

By: [Attorney(s) for Plaintiff(s)] [Attorney(s) for Defendant(s)]

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