UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

ESTATE OF MICHAEL BAKER,

by BETTY SIMMS, Personal

Representative for the Estate and

Survivors Michael Jones and

Mikellia Baker,

v. CASE NO. 3:20cv4325-MCR-HTC

JIMMY COKER, et al.

 /

INITIAL SCHEDULING ORDER

Rule 1 of the Federal Rules of Civil Procedure requires a “just, speedy, and

inexpensive determination of every action.” To accomplish that purpose, and in

accordance with Rule 16(b) of the Federal Rules of Civil Procedure, it is ORDERED

as follows:

(1) Discovery Period. The parties are directed to conduct discovery so that

the due date of any discovery requested is not later than December 9, 2020. The

conduct of any discovery which would require a later due date will be permitted only

on order of the Court. No extension of time will be granted except for good cause

and upon showing of diligence during the initial discovery period. See N.D. Fla. Loc.

R. 6.1; Fed. R. Civ. P. 16(b)(4). The filing of motions does NOT operate to toll or

extend the discovery cut-off date set forth in this paragraph.

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(2) Rule 26 Requirements. This Initial Scheduling Order is entered prior

to the conference of parties and the filing of the joint report required under Rule 26,

Federal Rules of Civil Procedure, so that discovery may proceed expeditiously and

without unnecessary delay. Modifications may be made to this Order upon

consideration of the parties’joint report. The following will be required of all parties

to this litigation.

(a) Conference of Parties and Filing of Joint Report. Counsel of

record and any unrepresented parties must confer (personally, by phone, or

electronically) within 30 days from the date of this order, as required by Rule 26(f),

and the joint report to the Court must be filed within 14 daysthereafter. The plaintiff

must initiate arrangements for the conference and filing of the report, but the Court

will hold all parties equally responsible for insuring that the conference is held and

the report filed as required. If the parties are unable to agree, each party’s position

must be set out in the filed joint report. In addition to the matters set out in Rule

26(f), the following must also be discussed at the conference and specifically

addressed in the joint report:

(i) The matter of magistrate judge jurisdiction over the case. 

In accordance with Rule 73.1(A) of the Local Rules, the parties are directed to confer

regarding their willingness to consent to magistrate judge jurisdiction, and the Joint

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Report should reflect this discussion. However, the Joint Report should state only

that the parties have conferred regarding thisissue. The parties may withhold consent

if they so choose. Under no circumstancesshould the partiesindicate their respective

positions on the matter of consent in the Joint Report.

If all parties, after conferring with one another, elect to consent to

magistrate judge jurisdiction, the attached form of consent should be signed by all

parties and filed in the Clerk’s office. It isthe plaintiff’sresponsibility to forward the

formto defendant(s), who, in turn, bear the responsibility of filing the document. The

form should be filed only if all parties have consented and signed the form. If any

party elects not to consent, the form should not be returned.

(ii) The nature and basis of all claims and defenses, and a good

faith attempt to identify the principal factual and legal issues in dispute.

(iii) The possibility for prompt settlement or resolution of the

case, and whether mediation (or any other alternative dispute resolution process)

might be helpful in settlement, either now or after certain limited discovery has taken

place.

(iv) Proposed timetables and cutoff dates forthe joinder of other

parties, amendments to the pleadings, and the filing of motions and responses, and in

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particular, whether this initial scheduling order should be revised or amended in any

way.

(v) The parties’respective discovery requirements in this case,

and if the parties deem this initial scheduling order to be inadequate, they must

develop an alternate proposal, proportional to the needs of the case, which

specifically addressesthe timing and formof discovery, whether discovery should be

conducted in phases or limited in any respect, and what, if any, changes should be

made in the discovery procedures and time deadlines set out in this initialscheduling

order, or in the applicable rules.

(vi) Whether any party will likely request or produce

information from electronic or computer-based media. If so:

1. whether disclosure or production will be limited to

data reasonably available to the parties in the ordinary course of business (absent a

showing of good cause, the Court will not require the production of back-up or

historic legacy data, nor will it require the production of data that is not reasonably

available in the ordinary course of business in reasonably usable form);

2. if data beyond what is reasonably available to the

parties in the ordinary course of business is to be sought, the anticipated scope, cost

and time required for its disclosure or production, and who will bear the cost;

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3. the format and media agreed to by the parties for the

production of any electronic or computer-based data, as well as agreed proceduresfor

such production;

4. whether reasonable measures have been taken to

preserve potentially discoverable data from alteration or destruction in the ordinary

course of business or otherwise;

5. procedures to deal with inadvertent production of

privileged information; and

6. other problems which the parties anticipatemay arise

in connection with electronic or computer-based discovery.

(vii) A good faith estimate asto when the parties believe the case

will be ready for trial (month and year). This date will be set out in the joint report,

and if it is not within 8 months from the date of filing of this case, an explanation

must be included.

(viii) Any other matters which the parties deem appropriate with

regard to specific aspects or the uniqueness of this case, and including any applicable

subject within Rule 16(c).

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(ix) The parties are directed to inform the Court in their joint

report if it appears that this case should be made subject to the Manual for Complex

Litigation.

(b) Rule 26(a)(1) Disclosures. The disclosures required by Rule

26(a)(1) must be provided (unless otherwise stipulated), without awaiting a discovery

request, to all other parties within 14 days from the date of the parties’ conference

required under Rule 26(f).

(c) Rule 26(a)(2) Disclosures. Rule 26(a)(2) disclosures of expert

witnesses and their reports/opinions must be made by the plaintiff within 60 days

from the date of this scheduling order, and by the defendant or defendants within 30

days thereafter. Third parties or parties added or joined later must disclose their

experts under Rule 26(a)(2) within 60 days after appearance in this case, or within 30

days after the disclosure by the opposing party, whichever is the longer period. 

Expert witnesses not timely disclosed asrequired byRule 26(a)(2), or whose opinions

have been significantlymodified or changed after discovery has ended, will normally

not be permitted to testify at trial. Also, a party’s failure to timely disclose an expert

witness’s report will normally be grounds to bar the witness from testifying at trial.

(d) Rule 26(a)(3) Disclosures. The Rule 26(a)(3) disclosures are not

required at this time. The Court will enter an order after the completion of discovery

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which will set a pretrial conference and will specify the parties’ comprehensive trial

disclosure and preparation requirements.

(3) Additional Court Action or Scheduling Conference. The Court will

promptly consider the parties’ filed joint report, and will take one of the following

courses of action:

(a) Enter a Final Scheduling Order by modifying this Initial

Scheduling Order as the presiding judge deems appropriate in light of the parties’

joint report, by adopting the parties’ report, or by confirming the requirements of this

Order;

(b) Set the matter for a Rule 16 scheduling conference with the

attorneys and any unrepresented parties present and thereafter enter a Final

Scheduling Order;

(c) If the Court takes no action within 14 days from the filing of the

joint report, this Initial Scheduling Order will continue in full force and effect until

modified by subsequent order;

(d) On request of any party, a scheduling conference or preliminary

pretrial conference may be held to address any of the matters set out in Rule 16(a),

(b), and (c), Federal Rules of Civil Procedure.

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(4) Interrogatories. The number of interrogatories is governed by Rule

33(a), Federal Rules of Civil Procedure.

(5) Schedule of Pretrial Matters. In accordance with Rule 16(b), Federal

Rules of Civil Procedure, and Local Rule 16.1, the following schedule applies to this

case, unless excluded by Rule 26(a)(1)(B), Federal Rules of Civil Procedure, or

unless any party files an objection or request for a different schedule within 44 days

from the date of this Order.

(a) Joinder of other parties and amendments of pleadings must be

accomplished by the service and filing of the appropriate motions or pleadings within

the time required by the Federal Rules of Civil Procedure or the Local Rules of this

Court, except as noted below.

(b) All motions and responses must be served and filed within the

time required by the Federal Rules of Civil Procedure or the Local Rules of this

Court.

(c) Motions for summary judgment should be filed as promptly as

possible, but, unless otherwise permitted by another court order, not later than 21

days after the close of discovery.

(d) Unless otherwise ordered by the Court, no motions to compel

discovery may be filed after the close of discovery.

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(e) Motions filed may be disposed of without a hearing or oral

argument. See N.D. Fla. Loc. R. 7.1(K) & 56.1(g).

(f) If no rule or Order provides a time for the filing or service of

motions or pleadings, then such motions or pleadings must be served and filed within

the period provided for the completion of discovery.

(6) Attorneys’ Discovery Obligations. The Rules of Civil Procedure set

out explicit time limits for responses to discovery requests. If an attorney cannot

respond on time, this fact should be communicated by the most expeditious means to

opposing counsel; and if consent to an extension of time cannot be obtained, a motion

requesting the same should be immediately filed and served. In the meantime,

opposing counsel is not permitted to file a motion to compel a response. Stipulations

extending the time for responses to discovery may be made only as authorized by

Rule 29, Federal Rules of Civil Procedure, and Local Rule 6.1.

(7) Rule 37 Awards of Motion Expenses. The Court will ordinarily award

counsel fees for time spent in filing (and arguing) a motion to compel if such a

motion is necessary to make the recalcitrant party respond, or for time spent in

opposing (and arguing) such a motion that is found to be unnecessary or without

basis. Certification of all discovery requests, responses, and objections is required

under Rule 26(g), and violations thereof will be subject to sanctions.

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(8) Resolution of Discovery Controversies. Counsel should attempt to

resolve discovery controversies without the Court’s intervention. The Court will

entertain a motion with respect to matters which remain in controversy only if, after

consultation and sincere attempts to resolve differences, counsel are unable to reach

an accord, consistent with Local Rule 7.1(B). Any motion filed must include

certification that such attempts have been made, in accordance with Local Rule

7.1(C) and Rule 37(a)(1) of the Federal Rules of Civil Procedure, and must be in the

form required by Local Rule 26.1(D). Counsel’s attention is also directed to the

supplementation requirements of Rule 26(e) and their obligations under Rule 26(g),

as well as counsel’s potential liability for excessive costs under Title 28, United

States Code, Section 1927.

(9) Attorney’s Fees Records. In any proceeding in which a party isseeking

an award of attorney’s fees against an opposing party pursuant to a statute, contract,

or other law, the party seeking such an award must:

(a) Maintain a complete, separate, and accurate record of time (to the

nearest 1/10 of an hour) devoted to the particular action, recorded contemporaneously

with the time expended, for each attorney and each specific activity (i.e. not just

“research” or “conference”) involved in the action; however, attorney time records

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shall NOT be filed with the Clerk until necessary for the determination of a fee

motion, see N.D. Fla. Loc. R. 54.1(C), (D);

(b) Maintain a separate time record for services performed by any

person not a member of the bar, together with the hourly rate at which such person

is actually reimbursed, if a claim will be made for those fees;

(c) Promptly disclose, on request of any party, the total number of

hours that have been devoted to the case by the party’s attorneys and other

timekeepers through the end of the month preceding the request; see N.D. Fla. Loc.

R. 54.1(D); and

(d) File a motion for an award of attorney’s fees and related nontaxable expenses in accordance with Rule 54(d), Federal Rules of Civil Procedure,

and the bifurcated procedure set forth in Local Rule 54.1.

(10) Summary JudgmentMotions. Anymotion for summary judgment filed

pursuant toRule 56 or Rule 12(b)(6) (referencingmatters outside the pleadings), Rule

12(c), or 12(d), Federal Rules of Civil Procedure, must be accompanied by a

memorandum including a statement of facts, and at the same time, the moving party

must file any supporting evidence not already in the record. An opposing party must

file a memorandum in opposition to the motion within 21 days, identifying a genuine

issue to be tried and at the same time filing any opposing evidence not already in the

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record. Any reply memorandum must be limited to new matters not addressed in the

original supporting memorandum and is due within 7 days after the response. 

The parties must comply with the form and word limits set forth in the Local

Rules. See N.D. Fla. Loc. R. 56.1. Also, each memorandum must include pinpoint

record citations supporting each factual assertion with reference to the appropriate

deposition, affidavit, interrogatory, admission, or other source of the relied-upon

material fact, by page, paragraph, number, or other detail sufficient to permit the

Court to readily locate and check the source. Motions for summary judgment may be

resolved against a party without a hearing and without further notice at any time after

the party has had an opportunity to file a responsive memorandum and evidence. 

(11) Non-Filing of Rule 26 Disclosures and Discovery Materials. The

parties must comply with Federal Rule of Civil Procedure 5(d).

(12) Electronic Filing. Each party represented by an attorney is required to

file documents electronically, not in paper form, with limited exceptions. Compliance

with this requirement is mandatory. Paper filings are a burden on the Clerk of Court,

delay the transmission of the documents to the assigned judge, and waste the Court’s

time. The Clerk is directed to report to the judge for appropriate action any paper

filings in this matter that occur more than 14 days after the date of this Order.

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(13) Disclosure Statement. Each nongovernmental corporate partymustfile

a statement that identifies any parent corporation and any publicly held corporation

that owns 10% or more of its stock or states that there is no such corporation. The

deadline for filing the statement is set forth in Rule 7.1, Federal Rules of Civil

Procedure, and, if not filed sooner, the statement must in any event be filed within 14

days of the date of this Order. A supplemental statement must be filed upon any

change in the information that the statement requires.

(14) Amendments. This Order may be amended by the Court on its own

motion or upon motion of any party.

DONE and ORDERED this 9th day of June 2020.

 s/ M. Casey Rodgers

M. CASEY RODGERS

UNITED STATES DISTRICT JUDGE

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FLN Form 85 (rev. 8/98) Notice, Consent, and Order of Reference - Exercise of Jurisdiction by a United States Magistrate Judge

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

ESTATE OF MICHAEL BAKER,

by BETTY SIMMS

VS CASE NO. 3:20cv4325-MCR-HTC

JIMMY COKER, et al.

NOTICE OF AVAILABILITY OF A UNITED STATES MAGISTRATE JUDGE

TO EXERCISE JURISDICTION

In accordance with the provisions of 28 U.S.C. §636(c), and Fed.R.Civ.P. 73, you are notified that a United

States magistrate judge of this district court is available to conduct any or all proceedings in this case including a

jury or nonjury trial, and to order the entry of a final judgment. Exercise of this jurisdiction by a magistrate judge is,

however, permitted only if all parties voluntarily consent.

You may, without adverse substantive consequences, withhold your consent, but this will prevent the

court’s jurisdiction from being exercised by a magistrate judge. If any party withholds consent, the identity of the

parties consenting or withholding consent will not be communicated to any magistrate judge or to the district judge

to whom the case has been assigned.

An appeal from a judgment entered by a magistrate judge shall be taken directly to the United States court

of appeals for this judicial circuit in the same manner as an appeal from any other judgment of this district court.

CONSENT TO THE EXERCISE OF JURISDICTION BY A UNITED STATES MAGISTRATE JUDGE

In accordance with provisions of 28 U.S.C. §636(c) and Fed.R.Civ.P. 73, the parties in this case consent to

have a United States magistrate judge conduct any and all proceedings in this case, including the trial, order the entry

of a final judgment, and conduct all post-judgment proceedings.

Party Represented Signatures Date

ORDER OF REFERENCE

IT IS ORDERED that this case be referred to ,

United States Magistrate Judge, to conduct all proceedings and order the entry of judgment in accordance with 28

U.S.C. §636(c), Fed.R.Civ.P. 73, and the foregoing consent of the parties.

Date United States District Judge

NOTE: RETURN THIS FORM TO THE CLERK OF THE COURT ONLY IF ALL PARTIES HAVE CONSENTED ON

THIS FORM TO THE EXERCISE OF JURISDICTION BY A UNITED STATES MAGISTRATE JUDGE.

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NOTICE OF RIGHT TO CONSENT TO DISPOSITION OF

CIVIL CASE BY A UNITED STATES MAGISTRATE JUDGE

Under 28 U.S.C. § 636(c)(1), full-time magistrate judges are authorized to exercise civil jurisdiction,

including trial of the case and entry of final judgment, upon consent of the parties. Due to the district courts’ heavy

trial schedules, such consent to magistrate jurisdiction often results in more expeditious resolution of cases. The

parties are, of course, entirely free to withhold such consent without any adverse consequences.

In all civil cases, other than prisoner litigation and social security appeals, the parties shall be required

pursuant to the Initial Scheduling Order to confer regarding the matter of magistrate judge jurisdiction. However,

the Joint Report should state only that the parties have conferred regarding this issue. Under no circumstances

should the parties indicate their respective positions on the matter of consent in the Joint Report.

Should all parties, after conferring with one another, elect to consent to magistrate judge jurisdiction, the

attached form of consent should be signed by all parties and returned to the court. It shall be plaintiff’s responsibility

to forward the form to defendant(s), who, in turn, shall have the responsibility of filing the document with the court

through the clerk’s office. The form should be returned to the court only if all parties have consented and signed the

form. Should any party elect not to consent, the form should not be returned.

In prisoner litigation and social security appeals, and any other case in which an Initial Scheduling Order is

not entered, the clerk shall, after the first responsive pleading is filed, send a consent form to the plaintiff. If the

plaintiff elects to consent, plaintiff shall sign the form and promptly send it to defendant(s). If defendant(s) also

consents and signs the form, defendant(s) shall promptly return the form to the court. Should any party elect not to

consent, the form should not be returned.

A party’s decision to consent, or not to consent, to the disposition of the case before a United States

Magistrate Judge is entirely voluntary, and no judge of this court will be informed of a party’s decision to withhold

consent. By returning the consent form only in cases where all parties consent, the court will not be aware of which

party withheld consent. Where the consent form is not returned to the court during the early stages of the case, either

the district court judge or magistrate judge may again advise the parties of the availability of the magistrate judge,

but in doing so, shall also advise the parties that they are free to withhold consent without adverse consequences.

Please note that in the event of consent, the parties may appeal a final judgment from the magistrate directly

to the court of appeals in the same manner as an appeal from any other judgment of the district court.

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