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IN THE UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

JAMI CLAIRE and

KATHRYN LANE,

Plaintiffs,

v. Case No. 4:20cv20-MW/MAF

FLORIDA DEPARTMENT

OF MANAGEMENT SERVICES,

et al.,

Defendants.

______________________________/

SCHEDULING AND MEDIATION ORDER

This order is entered upon consideration of the parties’ joint scheduling report. 

This Court finds that most of the deadlines in the report are disputed by the parties. 

Because of the COVID-19 health pandemic, this Court accepts the Defendants’ 

extended deadlines, except to a conflict with this order. Accordingly,

IT IS ORDERED:

1. The jury trial is set for the trial period that begins on Monday, May 

17, 2021. A party with a conflict during that trial period must file a notice within 

14 days of the date of this order. 

2. The discovery deadline is extended to January 4, 2021.

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3. The joint scheduling report, ECF No. 31, with Defendants’ deadlines, 

will control the matters it addresses, except to the extent of any conflict with this 

order. 

4. A pleading may be amended only by the deadline set out in the joint 

scheduling report or on a motion showing good cause for not amending by that date. 

When the Federal Rules of Civil Procedure allow an amendment only with leave of

court, a pleading may be amended only with leave of court.

5. Disclosures under Federal Rule of Civil Procedure 26 must be 

supplemented as agreed in the Joint Report of the parties.

6. The deadline for filing summary-judgment motions is 21 days after the 

discovery deadline, January 25, 2021, but the motions should be filed at the earliest 

appropriate time. It is rarely necessary that such motions await the completion of 

all discovery.

7. Local Rule 56.1 applies to summary-judgment motions. Additionally, 

the parties must use the following procedures for filing summary judgment papers: 

 (a) First, file a notice listing exhibits to be filed in support of or 

in opposition to summary judgment. Include the exhibits as attachments to the 

notice on CM/ECF. Exhibits that cannot be filed on CM/ECF must be 

submitted to the Clerk along with a hard-copy notice of filing. 

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 (b) Second, file the summary judgment memorandum (motion, 

response, or reply) pinciting to the ECF number for the exhibit attached to the notice 

listing the exhibits.

 (c) To the extent it is technologically feasible, each party must:

(i) Highlight the portion of the exhibit it wishes this Court to see; 

and

(ii) File deposition transcripts in a form where the text of the 

testimony is searchable with the control-F function. 

 (d) The parties should take note that this Court reviews the cited portions 

of the record. Discrepancies between factual assertions in the parties’ memoranda 

and the actual record do not go unnoticed. The parties should take care to distinguish 

between record evidence and inferences which can reasonably be made from that 

evidence. 

8. Local Rule 54.1 applies to attorney’s fee records. A party must not file 

attorney’s fee records until needed. 

9. Deadlines will be determined based on this order (including the joint 

scheduling report to the extent made applicable by this order), other applicable 

orders, and the governing rules. Docket entries made by the clerk of the court are 

for the clerk’s internal use and are not controlling.

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10. By a separate Order for Pretrial Conference to be issued later, a 

deadline will be set for an attorney conference leading to the filing of a pretrial 

stipulation and related papers. The deadline for the attorney conference (as 

established by the Order for Pretrial Conference) also will be the deadline for 

disclosures under Federal Rule of Civil Procedure 26(a)(3). The deadline for 

objections under Federal Rule of Civil Procedure 26(a)(3) is seven days later.

11. A motion in limine or other pretrial motion shall be filed no later 

than 15 days prior to the pretrial conference, with a response to the motion filed 

no later than 5 days thereafter, to allow consideration of the motion at or prior 

to the pretrial conference.

12. The attorneys’ attention is directed to the American College of Trial 

Lawyers Code of Pretrial Conduct and Code of Trial Conduct, which set out 

standards of professionalism that are available on the court’s website and at 

http://www.actl.com/home/news-publications/position-statements-white-papers.

13. Unless the requirement for mediation is abrogated based on a motion 

showing good cause, the parties must mediate under the following procedures:

(a) The parties may select a mediator by agreement. If the parties 

have not agreed 21 days before the discovery deadline, the plaintiff must 

immediately file a notice so indicating, and the Court will appoint a mediator.

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(b) Unless otherwise agreed, the fee of the mediator must be paid 

equally by the parties. The fee must be paid in the manner determined by the 

mediator.

(c) The first mediation conference must begin within 14 days 

after the discovery deadline, January 18, 2021, and may begin at any earlier 

time. 

(d) The following MUST attend the mediation conference unless 

excused in advance on a motion showing good cause:

(1) The attorney of record primarily responsible for the 

conduct of this case on behalf of a party.

(2) Each party. A corporation, other private organization, or 

state or local governmental entity or officer in his or her official capacity must attend 

through a representative having full authority to settle the entire case for the party 

without further consultation. The mediator may waive the requirement that the 

attending representative’s full authority to settle be “without further consultation.” 

Unless the mediator directs otherwise, the parties by agreement also may waive the 

requirement that the attending representative’s full authority to settle be “without 

further consultation.” Unless otherwise ordered, an Assistant United States Attorney 

may attend for the government. 

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(3) If a party is insured a representative of the insurer having full 

authority to settle without further consultation. The mediator may waive the 

requirement that the insurer’s representative’s full authority to settle be “without 

further consultation.” Unless the mediator directs otherwise, the parties by 

agreement also may waive the requirement that the attending insurer’s 

representative’s full authority to settle be “without further consultation.” 

(e) A person’s failure to attend the mediation conference as required 

ordinarily will result in the imposition of sanctions.

(f) The parties must confer in advance on the submission of written 

materials to the mediator and must proceed in accordance with any agreement they 

reach or the instructions of the mediator. In the absence of an agreement or 

instructions, no written submissions are required, but either party may submit 

materials, which the mediator may consider as the mediator deems appropriate.

(g) The mediator may control the procedures to be followed in 

mediation, may adjourn the mediation conference and set a time for reconvening, 

and may suspend or terminate mediation whenever the mediator believes further 

mediation is not likely to lead to a settlement. 

(h) Everything said during mediation—other than the terms of any 

settlement agreement itself—will be off the record and inadmissible as settlement 

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negotiations. Mediation proceedings—other than any settlement agreement itself—

must not be recorded electronically or by a court reporter. 

(i) This referral to mediation does not extend any deadline. 

(j) Any partial or complete settlement must immediately be reduced 

to writing in the presence of the mediator and must be signed by each party and an 

attorney for each party. 

(k) Mediation must be completed within 28 days after the 

discovery deadline, February 1, 2021. The mediator or a party must file a 

report within 14 days after mediation ends indicating when mediation was 

conducted and the outcome (that is, whether the case was settled or impasse 

was declared). If the case is settled in full, notice to the court must be 

immediate. 

(l) An attorney for each party must, within 14 days of the date of 

this order, consult with the party about the advantages (including savings of costs 

and attorney’s fees) and disadvantages of proceeding with mediation immediately 

rather than awaiting the deadlines set in this order. On a party’s motion, the court 

will consider ordering that mediation commence immediately or at a time earlier 

than required by this order.

SO ORDERED on April 16, 2021.

s/ MARK E. WALKER

Chief United States District Judge

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