UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA 

CASE NO. 1:20-cv-23242-BB

JOINT SCHEDULING REPORT

The Parties, by and through undersigned counsel, and pursuant to the Court’s Order 

Requiring Scheduling Report and Certificates of Interested Parties [D.E. 12], and S.D. Fla. L. R. 

16.1(B), hereby submit their Joint Scheduling Report and attached proposed discovery plan and 

Scheduling Order, as follows:

Meeting of the Parties

Pursuant to Local Rule 16.1(B), the Parties conducted their scheduling conference. The 

Parties agree that this case should be set for the Complex Track, as described in Local Rule 

16.1(A)(2)(b). 

(a) The likelihood of settlement: The Parties’ initial settlement discussions were 

unfruitful. The Parties will continue to discuss in good faith the possibility of amicably resolving 

this action.

(b) The likelihood of appearance in the action of additional parties: The parties do not 

anticipate at this time joining additional parties to this action, but respectfully reserve the right to 

do so if during the course of discovery the need arises.

UNITED STATES OF AMERICA ex rel. 

SEDONA PARTNERS LLC,

Plaintiff,

vs.

ABLE MOVING & STORAGE, INC., et al.,

Defendants.

Case 1:20-cv-23242-BB Document 133 Entered on FLSD Docket 08/04/2021 Page 1 of 12
2

(c) Proposed limits on time: (i) to join other parties and to amend the pleadings; (ii) to 

file and hear motions; and (iii) to complete discovery: Pursuant to Local Rule 16.1(B)(2)(c), the 

Parties discussed and agreed to the following proposed time limits and deadlines:

(i) The deadline to join other parties and to amend the pleadings should be 

October 1, 2021;

(ii) The deadline to complete discovery should be September 23, 2022; 

(iii) The deadline to file and hear motions should be October 14, 2022; and

(iv) For additional deadlines, see infra the Appendix attached hereto.

(d) Proposals for the formulation and simplification of issues, including the elimination 

of frivolous claims or defenses, and the number and time of motions for summary judgment or 

partial summary judgment: The Parties have no proposals for the formulation and simplification 

of issues at this time, including the elimination of frivolous claims or defenses. The Parties will 

attempt in good faith to simplify issues as this action progresses.

(e) The necessity or desirability of amendments to the pleadings: The Parties 

respectfully reserve the right to move to amend the pleadings if during the course of this action, 

including discovery, the need arises.

(f) The possibility of obtaining admissions of fact and of documents, electronically 

stored information or things which will avoid unnecessary proof, stipulations regarding 

authenticity of documents, electronically stored information or things, and the need for advance 

rulings from the Court on admissibility of evidence: The Parties have agreed to attempt in good 

faith to stipulate to facts not in dispute and to the authenticity and admissibility of documents, 

electronically stored information or things, and to otherwise avoid unnecessary proof at trial.

Case 1:20-cv-23242-BB Document 133 Entered on FLSD Docket 08/04/2021 Page 2 of 12
3

(g) Suggestions for the Avoidance of Unnecessary Proof and Cumulative Evidence: 

The Parties do not have any suggestions for the avoidance of unnecessary proof and of cumulative 

evidence at this time, other than narrowing the facts and issues for the Court’s consideration, which 

the Parties will endeavor to do as represented in paragraph (f) above.

(h) Suggestions on the Advisability of Referring Matters to the Magistrate Judge or 

master: With two exceptions, the Parties agree to refer discovery motions to the Magistrate Judge.

Notwithstanding, this agreement does not apply to any motion to stay discovery, which defendants 

plan to file in connection with the pendency of their respective motions to dismiss the case (see 

Appendix I, Note 1, below), or to any motions for sanctions that a party may opt to file in this case.

Otherwise, the Parties are not aware at this time of any potential need for references to a special 

master or magistrate.

(i) A preliminary estimate of the time required for trial: The case is a jury trial. The 

Parties estimate 14-21 full court days.

(j) Requested date or dates for conferences before trial, a final pretrial conference, and 

trial: See Appendix 1 attached hereto.

(k) Any issues about (i) disclosure, discovery, or preservation of electronically stored 

information, including the form or forms in which it should be produced; (ii) claims of privilege 

or of protection as trial-preparation materials, including – if the parties agree on a procedure to 

assert those claims after production -- whether to ask the court to include their agreement in an 

order under Federal Rule of Evidence 502; and (iii) when the parties have agreed to use the ESI 

Checklist available on the Court’s website (www.flsd.uscourts.gov), matters enumerated on the 

ESI Checklist: The Parties have circulated a proposed ESI Order and are working in good faith to 

Case 1:20-cv-23242-BB Document 133 Entered on FLSD Docket 08/04/2021 Page 3 of 12
4

file the proposed ESI Order with the Court. Based on the parties’ preliminary discussions 

regarding this proposed ESI Order they believe the ESI checklist is unnecessary.

(l) Any other information that might be helpful to the Court in setting the case for 

status or pretrial conference: None at this time.

(m) Election to Jurisdiction by a United States Magistrate Judge for Final 

Disposition of Motions. Pursuant to Appendix II attached hereto, the parties have indicated 

their preferences.

Dated: August 4, 2021 and respectfully submitted:

By: Counsel for the Parties, as set forth below

Ryon McCabe, Esq.

Fla. Bar No. 009075

Robert C. Glass, Esq.

Fla. Bar No. 521633

McCabe Rabin, P.A.

1601 Forum Pl # 201

West Palm Beach, FL 33401

(561) 659-7878

rmccabe@mccaberabin.com

rglass@mccaberabin.com

Justin T. Berger, Esq.

Sarvenaz J. Fahimi, Esq.

Cotchett, Pitre & McCarthy, LLP

San Francisco Airport Office Center

840 Malcolm Road

Burlingame, CA 94010

jberger@cpmlegal.com

sfahimi@cpmlegal.com

Irene Oria, Esq.

Fisherbroyles, LLP

199 E. Flagler St. #550

Miami, FL 33131

(786) 536-2838

irene.oria@fisherbroyles.com

Robert Thomas Wright , Jr., Esq.

Stroock Stroock & Lavan

200 S Biscayne Boulevard, Suite 

3100 Wachovia Financial Ctr

Miami, FL 33131-2385

(305) 789-9337

RWright@stroock.com

Attorneys for Defendant Able Moving & 

Storage, Inc.

Ghislaine Torres Bruner, Esq.

Polsinelli PC

1401 Lawrence St, #2300

Denver, CO 80202

(303) 583-8259

gbruner@polsinelli.com

Attorneys for Defendant Cartwright 

International

Case 1:20-cv-23242-BB Document 133 Entered on FLSD Docket 08/04/2021 Page 4 of 12
5

Paul E. Pelletier, Esq.

Law Offices of Paul Pelletier

3500 Morningside Drive

Fairfax, VA 22031

pepelletier3@gmail.com

Attorneys for Relator Sedona Partners

LLC

Van Lines Inc.

Aryeh Lev Kaplan, Esq.

Ariella Josefsberg Ederi, Esq.

Pillsbury Winthrop Shaw Pittman LLP

600 Brickell Avenue, Suite 3100

Miami, FL 33131 

(786) 913-4883

aryeh.kaplan@pillsburylaw.com

ariella.ederi@pillsburylaw.com

Thomas C. Hill, Esq.

Alexis N. Wansac, Esq.

Pillsbury Winthrop Shaw Pittman LLP

1200 Seventeenth Street NW

Washington, DC 20036

(202) 663-8000

thomas.hill@pillsburylaw.com

alexis.wansac@pillsburylaw.com

Attorneys for Defendant Coleman 

American Moving Services, Inc.

Matthew John Langley

Stephen Chahn Lee

Benesch, Friedlander, Coplan & Aronoff 

LLP

71 S. Wacker Drive, Suite 1600

Chicago, IL 60606

(312) 624-6408

mlangley@beneschlaw.com

slee@beneschlaw.com

Michael B. Silverstein, Esq.

Benesch, Friedlander, Coplan & Aronoff 

LLP

41 South High St., Suite 2600

Columbus, OH 43215

(614) 223-9362

msilverstein@beneschlaw.com

Attorneys for Defendant Dewitt 

Companies

Limited LLC

Case 1:20-cv-23242-BB Document 133 Entered on FLSD Docket 08/04/2021 Page 5 of 12
6

Justin Canner Sorel, Esq.

Cole Scott & Kissane

1645 Palm Beach Lakes Boulevard

2nd Floor

West Palm Beach, FL 33401

(561) 383-9200

justin.sorel@csklegal.com

Barry Adam Postman, Esq.

Cole Scott & Kissane

222 Lakeview Avenue, Suite 120

West Palm Beach, FL 33417

(561) 383-9200

barry.postman@csklegal.com

Kristin D. Kiehn, Esq.

Maura K. Monaghan, Esq.

Melanie M. Burke, Esq.

Debevoise & Plimpton LLP

919 Third Ave

New York, NY 10022

(212) 909-6000

kdkiehn@debevoise.com

mkmonaghan@debevoise.com

mburke@debevoise.com

Attorneys for Defendant Hilldrup 

Companies Inc.

Alan D. Albert, Esq.

OHagan Meyer, PLLC

411 East Franklin Street, Suite 500

Richmond, VA 23219

(804) 403-7144

AAlbert@ohaganmeyer.com

Case 1:20-cv-23242-BB Document 133 Entered on FLSD Docket 08/04/2021 Page 6 of 12
7

C. Quinn Adams, Esq.

Charles G. Meyer, III, Esq.

Charles M. Sims, Esq.

OHagan Meyer, PLLC

411 East Franklin Street, Suite 500

Richmond, VA 23219

(804) 403-7125

CAdams@ohaganmeyer.com

CMeyer@ohaganmeyer.com

CSims@ohaganmeyer.com

Michael Isaac Kessler, Esq.

O'Hagan Meyer

21550 Oxnard Street, Suite 1050

Woodland Hills, CA 91367

(213) 306-1610

mkessler@ohaganmeyer.com

Attorneys for Defendant J.K. Moving & 

Storage Inc.

Andrew Michael Gordon, Esq.

Hinshaw & Culbertson LLP

1 East Broward Blvd., Suite 1010

Fort Lauderdale, FL 33301

(954) 467-7900

agordon@hinshawlaw.com

Brian R. Zeeck, Esq.

Hinshaw & Culbertson LLP

151 North Franklin Street, Suite 2500

Chicago, IL 60606

(312) 704-3028

bzeeck@hinshawlaw.com

Attorneys for Defendant New World Van 

Lines Inc.

Case 1:20-cv-23242-BB Document 133 Entered on FLSD Docket 08/04/2021 Page 7 of 12
8

Robert Mark Borak, Esq.

Spector Rubin, P.A.

3250 Mary Street, Suite 405

Miami, FL 33133

(305) 537-2000

robert.borak@spectorrubin.com

Attorneys for Defendant Paramount 

Transportation Systems

Robert Harris, Esq.

Sammy Epelbaum, Esq.

Stack Fernandez & Harris, P.A.

1001 Brickell Bay Drive

Suite 2650

Miami, FL 33131

(305) 371-0001

rharris@stackfernandez.com

sepelbaum@stackfernandez.com

Stuart A. Berman, Esq.

Lerch, Early & Brewer, Chtd.

7600 Wisconsin Avenue, Suite 700

Bethesda, MD 20814

(301) 657-0729

saberman@lerchearly.com

Attorneys for Defendant Paxton Van Lines 

Inc.

Craig Bennett Shapiro, Esq.

Buchbinder & Elegant, P.A.

46 S.W. 1 Street, 4th Floor

Miami, FL 33130

(305) 358-1515

cshapiro@belaw.cc

Thomas F. Murphy, Esq.

Friedlander Misler, PLLC

5335 Wisconsin Avenue, NW, Suite 600

Washington, DC 20015

(202) 872-0800

tmurphy@dclawfirm.com

Attorneys for Defendant Western Express 

Forwarding LLC

Case 1:20-cv-23242-BB Document 133 Entered on FLSD Docket 08/04/2021 Page 8 of 12
9

APPENDIX I

JOINT PLANNING AND SCHEDULING REPORT1

DEADLINE OR DATE ACTION OR EVENT

30 days after the entry of the Scheduling Order Select mediator and schedule time, 

date and place for mediation

October 1, 2021 Amend pleadings and join parties

July 1, 2022 The parties exchange expert witness 

information, along with the 

summaries/reports required by Local Rule 

16.1.K.

August 5, 2022 The parties exchange rebuttal reports. 

September 16, 2022 Complete mediation 

September 23, 2022 Complete all discovery

October 14, 2022 File all dispositive, Daubert and other 

pretrial motions not explicitly excluded by 

S.D. Fla. L.R. 7.1.A.1, and accompanying 

memoranda of law. 

December 16, 2022 Joint pretrial stipulation, proposed jury 

instructions and verdict form, or proposed 

finding of fact and conclusions of law, must 

be filed 

January 9, 2023 Pretrial conference

January 23, 2023 Trial Date

1 All Defendants have filed or will be filing motions to dismiss which they believe are dispositive 

of the case. Defendants will also be filing a motion to stay discovery pending disposition of the 

motions to dismiss. As a result, pursuant to Federal Rule of Civil Procedure 26(a)(1)(C) and 

(f)(3)(A), Defendants object to making any initial disclosures or conducting discovery until their 

respective motions to dismiss have been ruled on by the Court. Relator objects to any delay in 

initial disclosures and objects to any stay of discovery. Further, depending on how the Court rules

on the motions to dismiss, the schedule set forth herein may need to be amended.

Case 1:20-cv-23242-BB Document 133 Entered on FLSD Docket 08/04/2021 Page 9 of 12
10

APPENDIX II

JOINT PLANNING AND SCHEDULING REPORT

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA 

CASE NO. 1:20-cv-23242-BB/Louis

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 _X__

2. Motions for Attorney’s Fees Yes ___ NO _X__

3. Motions for Sanctions Yes ___ NO _X__

4. Motions to Dismiss Yes ___ NO _X__

5. Motions for Summary Judgment Yes ___ NO _X__

UNITED STATES OF AMERICA ex rel. 

SEDONA PARTNERS LLC,

Plaintiff,

vs.

ABLE MOVING & STORAGE, INC., et al.,

Defendants.

Case 1:20-cv-23242-BB Document 133 Entered on FLSD Docket 08/04/2021 Page 10 of 12
11

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA 

CASE NO. 1:20-cv-23242-BB

PROPOSED SCHEDULING ORDER 

Pursuant to Local Rule 16.1 of the Local Rules of the United States District Court for the 

Southern District of Florida, the Court orders as follows:

A. Case Management Track: This case is assigned to the “Complex Track” as defined 

by Local Rule 16.1(A)(2)(b).

B. Discovery Schedule Agreed to By the Parties: The parties shall complete discovery 

no later than September 23, 2022. The parties shall exchange expert witness information, along 

with the summaries/reports required by Local Rule 16.1.K, no later than July 1, 2022. The parties 

shall furnish opposing counsel with rebuttal reports no later than August 5, 2022.

C. Joining Additional Parties and Amending the Pleadings: The parties shall join 

additional parties and amend the pleadings no later than October 1, 2021, and thereafter, only in 

accordance with the standards set forth in the Federal Rules of Civil Procedure.

D. Filing of All Pretrial Motions: All pretrial motions shall be filed no later than 

____________________________.

E. Resolving All Pretrial Motions by the Court: All pretrial motions shall be resolved 

by the Court no later than _____________________.

UNITED STATES OF AMERICA ex rel. 

SEDONA PARTNERS LLC,

Plaintiff,

vs.

ABLE MOVING & STORAGE, INC., et al.,

Defendants.

Case 1:20-cv-23242-BB Document 133 Entered on FLSD Docket 08/04/2021 Page 11 of 12
12

F. Use of the Manual on Complex Litigation: Use of the Manual on Complex 

Litigation is unnecessary in this action.

G. Pretrial Conference: The pretrial conference in this action shall be held on 

______________________________.

H. Trial: The jury trial in this action shall be held on 

_____________________________________. 

DONE AND ORDERED in chambers in Miami, Florida this _______ day of 

___________, 2021.

________________________________

BETH BLOOM

United States District Judge

Copies furnished to:

Counsel of Record

Case 1:20-cv-23242-BB Document 133 Entered on FLSD Docket 08/04/2021 Page 12 of 12