UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

CASE NO. 20-61297-CIV-ALTMAN/Hunt 

BYRON HALL, et al., 

Plaintiffs, 

v. 

LVNV FUNDING, LLC, et al., 

Defendants.

_________________________________________/ 

ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING 

MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE 

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

September 13, 2021. Counsel for all parties shall also appear at a calendar call at 1:45 p.m. on 

September 7, 2021. Unless instructed otherwise by subsequent order, the trial and all other 

proceedings in this case shall be conducted in Courtroom 207A at the U.S. Courthouse, 299 E. 

Broward Boulevard, Fort Lauderdale, Florida. The parties shall adhere to the following schedule: 

September 29, 2020. The parties shall select a mediator in accordance with Local Rule 

16.2; schedule a time, date, and place for mediation; and jointly file a proposed order 

scheduling mediation in the form specified on the Court’s website, 

http://www.flsd.uscourts.gov. In accordance with the procedures outlined in the CM/ECF 

Administrative Procedures, the proposed order must be emailed to 

altman@flsd.uscourts.gov in Word format. If the parties cannot agree on a mediator, they 

shall notify the Clerk in writing as soon as the impasse becomes clear, 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 16.2.1

 Within three 

(3) days of the mediation, the parties shall file a joint mediation report with the Court. The 

report shall indicate whether the case settled (in full or in part), whether it was adjourned, 

																																																								

1

 Pursuant to Local Rule 16.2(e), the appearance of counsel and each party (or the representatives 

of each party with full authority to enter into a full and complete compromise and settlement) is 

mandatory. The Court may impose sanctions against parties and/or counsel who do not comply 

with these attendance or settlement authority requirements. The mediator shall report nonattendance to the Court and may recommend the imposition of sanctions for non-attendance. 

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or whether the mediator declared an impasse. If mediation is not conducted, the case may 

be stricken from the trial calendar, and other sanctions may be imposed. 

October 27, 2020. The parties shall file all motions to amend pleadings or to join parties. 

April 20, 2021. The parties shall exchange expert witness summaries or reports. 

May 4, 2021. The parties shall exchange rebuttal expert witness summaries or reports. 

May 18, 2021. All discovery, including expert discovery, shall be completed.2

June 1, 2021. The parties must have completed mediation and filed a mediation report. 

June 9, 2021. The parties shall file all pre-trial motions, including motions for summary 

judgment, and Daubert motions. Each party is limited to filing one Daubert motion. If a 

party cannot address all evidentiary issues in a 20-page memorandum, it must petition the 

Court for leave to include additional pages. The parties are reminded that Daubert motions 

must contain the Local Rule 7.1(a)(3) certification. The parties are directed to review 

the Court’s procedure for the filing of summary judgment motions (set out below).

August 23, 2021. The parties shall submit a joint pre-trial stipulation, exhibit lists, witness 

lists, deposition designations, and proposed jury instructions and verdict form or proposed 

findings of fact and conclusions of law, as applicable, and shall file any motions in limine 

(other than Daubert motions). Each party is limited to filing one motion in limine, which 

may not, without leave of Court, exceed the page limits allowed by the Rules. The parties 

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

certification.

Jury Instructions and Verdict Form. Although they need not agree on each proposed 

instruction, the parties shall submit their proposed jury instructions and verdict form jointly. 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. The parties shall submit, in Word format via e-mail to 

																																																								

2

 The parties may, by agreement or with the consent of the paired Magistrate Judge, extend any 

deadline relating to fact or expert discovery so long as that extension does not interfere with any 

of the other deadlines contained in this Scheduling Order. 

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altman@flsd.uscourts.gov, proposed jury instructions and verdict form, including substantive 

charges and defenses, prior to the calendar call. For instructions on filing proposed documents, 

please see http://www.flsd.uscourts.gov. 

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

Judge Rules, all pretrial non-dispositive and discovery matters are hereby referred to United States 

Magistrate Judge Patrick M. Hunt. Furthermore, in accordance with 28 U.S.C. § 636(c)(1), the 

parties may consent to trial and final disposition by Magistrate Judge Hunt. The deadline for 

submitting a consent is June 9, 2021.

Good Faith Conferral. For the purposes of compliance with the good faith conferral 

requirement of Local Rule 7.1(a)(3), the parties are instructed that a single e-mail exchange with 

opposing counsel shall not constitute a good faith effort under the Local Rules. The parties are 

instructed to confer either telephonically or in person. 

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 entered into 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 deposition with the Court. Strict compliance with the Local 

Rules is expected, particularly with respect to motions practice. See S.D. FLA. L.R. 7.1. 

Discovery Disputes. The parties shall not file any written discovery motions, 

including motions to compel, for protective order, or for sanctions, without the consent of 

the Magistrate Judge. Counsel must actually confer and engage in reasonable compromise in a 

genuine effort to resolve their discovery disputes before seeking the Court’s intervention. The 

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Court may impose sanctions, monetary or otherwise, if it determines that a party has improperly 

sought or withheld discoverable material in bad faith. If, after conferring, the parties are unable to 

resolve their discovery dispute without Court intervention, they shall not file written motions. 

Rather, the “moving party” shall follow Magistrate Judge Hunt’s standard discovery procedures. 

Should the parties have any questions regarding the resolution of discovery issues, counsel should 

contact the chambers of Magistrate Judge Hunt at (954) 769-5470. 

Summary Judgment. In addition to filing a Statement of Material Facts, as required under 

Local Rule 56.1(a), the parties shall also file a Joint Statement of Undisputed Facts, which must 

include all relevant facts about which there is no material dispute. Each undisputed fact shall be 

individually numbered and separated by paragraph. This filing is limited to 10 pages and does not 

otherwise change the parties’ obligation to comply with Local Rule 56.1. 

Trial Exhibits. All trial exhibits must be pre-marked. The Plaintiff’s exhibits must be 

marked numerically with the letter “P” as a prefix; the Defendant’s exhibits must be marked 

numerically with the letter “D” as a prefix. The parties must submit a list setting out all exhibits 

by the date of the calendar call. This list must indicate the pre-marked identification label (e.g., 

P-1 or D-1) and include a brief description of the exhibit. 

Voir Dire Questions. The Court will require each prospective juror to complete a brief 

written questionnaire prior to the commencement of questioning in the courtroom. Any party may 

submit up to five proposed, case-specific questions to be included in the questionnaire. The 

proposed questions must be filed with the Court at the time of the filing of the joint pretrial 

stipulation and must also be submitted to the Court, in Word format, via e-mail to 

altman@flsd.uscourts.gov. The Court will begin voir dire by questioning the venire individually 

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and as a whole and will permit limited attorney-directed voir dire thereafter. The Court will not 

permit the backstriking of jurors. 

Settlement Notification. If this matter is settled, counsel shall inform the Court promptly 

via telephone (954-769-5680) and/or e-mail (altman@flsd.uscourts.gov). 

DONE AND ORDERED in Fort Lauderdale, Florida, this 9th day of September 2020. 

_________________________________ 

ROY K. ALTMAN 

UNITED STATES DISTRICT JUDGE

cc: counsel of record 

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