IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PANAMA CITY DIVISION

KENYATTA CLAY and

SHENIQUE RAY, Individually,

Plaintiffs,

Case No. 5:20-cv-00124- MW-MJF

v.

SHOWNTAIL THE LEGEND LLC.,

Defendant.

JOINT CASE MANAGEMENT REPORT

The parties conferred on December 8, 2020 and Defendant provided Plaintiffs 

with proposed dates. Plaintiffs did not object to the proposed dates, or respond with 

alternate dates by 4:00 PM/CT on the deadline ordered by this Court, and therefore, 

Defendant files this unilateral report and discovery plan pursuant to Fed. R. Civ. P. 

26(f) and N.D. Fla. Local Rules:

DEADLINE OR EVENT AGREED DATE 

Mandatory Initial Disclosures (pursuant to Fed. R. Civ. 

P. 26(a)(1) 

[Court recommends 30 days after CMR meeting] 

Immediately if not 

already sent.

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Certificate of Interested Persons and Corporate 

Disclosure Statement 

[each party who has not previously filed must file 

immediately] 

Immediately if not 

completed.

Motions to Add Parties or to Amend Pleadings 

[Court recommends 1 - 2 months after CMR meeting] 

October 9, 2020 

Disclosure of Expert Reports 

Plaintiff: 

Defendant: 

[Court recommends last exchange 6 months before trial and 

1 - 2 months before discovery deadline to allow expert 

depositions] 

November 4, 2020

December 4, 2020 

Discovery Deadline

[Court recommends 5 months before trial to allow time for 

dispositive motions to be filed and decided; all discovery 

January 25, 2021

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must be commenced in time to be completed before this 

date] 

DEADLINE OR EVENT AGREED DATE 

Dispositive Motions, Daubert, and Markman 

Motions [Court requires 4 months or more before trial 

term begins] 

February 15, 2021

Meeting In Person to Prepare Joint Final Pretrial 

Statement [14 days before Joint Final Pretrial Statement] 

April 13, 2021

Joint Final Pretrial Statement (Including a Single Set of 

Jointly-Proposed Jury Instructions and Verdict Form [a 

Word version must be e-mailed to the Chambers 

mailbox, unless excused by the Court] Voir Dire 

Questions, Witness Lists, Exhibit Lists with Objections 

on Approved Form) [Court recommends 3 weeks before 

Final Pretrial Conference and no later than 7 days before the 

Final Pretrial Conference] 

April 27, 2021

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All Other Motions Including Motions In Limine, Trial 

Briefs 

[Court recommends 3 weeks before Final Pretrial 

Conference] 

May 4, 2021

Final Pretrial Conference 

[Court will set a date that is approximately 3 weeks before 

trial] 

May 15, 2021

Trial Term Begins 

[Local Rule 3.05 (c)(2)(E) sets goal of trial within 1 year of 

filing complaint in most Track Two cases, and within 2 years 

in all Track Two cases; trial term must not be less than 4 

months after dispositive motions deadline (unless filing of 

such motions is waived); district judge trial terms begin on 

the first business day of the first full week of each month; 

trials before magistrate judges will be set on a date certain 

after consultation with the parties] 

June 15, 2021

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Estimated Length of Trial [trial days] 3 days 

Jury / Non-Jury Jury 

Mediation 

 Deadline: 

 

 Mediator: TBD

 Address: TBD

 Telephone: TBD

 

[Absent arbitration, mediation is mandatory; Court 

recommends either 2 - 3 months after CMR meeting, or just 

after discovery deadline] 

March 15, 2021 

All Parties Consent to Proceed Before Magistrate Judge Yes____ 

No_X___ 

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I. Meeting of Parties in Person

Lead counsel must meet in person and not by telephone absent an order 

permitting otherwise. Counsel will meet in the Northern District of Florida, unless 

counsels agree on a different location. Pursuant to N.D. Fla. Local Rule 16.11a 

meeting(s) was held by telephone on:

December 7, 2020, and was attended by: 

Name Counsel for (if applicable)

LaDray Gilbert, Esq. Plaintiff(s)

Daniel Rosenheim, Esq. Defendant 

II. Preliminary Pretrial Conference

 Local Rule 16.1 provides that preliminary pretrial conferences are mandatory 

in Track Three cases. 

Track Two cases: The Court holds a preliminary pretrial conference in most 

civil cases after the case management report is filed. The purpose of the preliminary 

pretrial conference is to set dates that will govern the case, for the Court to inform 

counsel of its practices and procedures, and to discuss any unique issues anticipated 

by counsel. 

1 A copy of the Local Rules may be viewed at 

http://www.flnd.uscourts.gov.

Case 5:20-cv-00124-MW-MJF Document 32 Filed 12/11/20 Page 6 of 18
Unresolved issues to be addressed at such a conference include: 

__________N/A________________________________________________

III. Pre-Discovery Initial Disclosures of Core Information

Fed. R. Civ. P. 26(a)(1)(C) - (D) Disclosures 

Fed. R. Civ. P. 26, as amended, provides that these disclosures are mandatory 

in Track Two and Track Three cases, except as stipulated by the parties or otherwise 

ordered by the court (the amendment(s) to Rule 26 supersede(s) N.D. Fla. Rule 16.1, 

to the extent that Rule 16.1 opts out of the mandatory discovery requirements): 

The parties ____ have exchanged __X__ agree to exchange (check one) information 

described in Fed. R. Civ. P. 26(a)(1)(C)-(D) 

_____on ___X__by (check one) Immediately if not already sent.

Below is a description of information disclosed or scheduled for disclosure, 

including electronically stored information as further discussed in Section IV below. 

IV. Electronic Discovery 

The parties have discussed issues relating to disclosure or discovery of electronically 

stored information ("ESI"), including Pre-Discovery Initial Disclosures of Core 

Information in Section III above, and agree that (check one): 

Case 5:20-cv-00124-MW-MJF Document 32 Filed 12/11/20 Page 7 of 18
____ No party anticipates the disclosure or discovery of ESI in this case; 

X One or more of the parties anticipate the disclosure or discovery of ESI in this 

case. If disclosure or discovery of ESI is sought by any party from another party, 

then the following issues shall be discussed:2 

A. The form or forms in which ESI should be produced. The parties 

agree to produce all ESI in paper form including, but not limited to, 

Portable Document Format (PDF). If a party seeks any particular 

document produced in paper form in native format with metadata, the 

parties will discuss producing those specific documents electronically 

with metadata, if available. 

B. Nature and extent of the contemplated ESI disclosure and discovery, 

including specification of the topics for such discovery and the time period 

for which discovery will be sought. Plaintiff proposes that ESI, if any, will 

pertain to any and all documents regarding the claims or defenses raised 

in Plaintiff’s Complaint or Defendant’s Answer. Defendant reserves all

objections to any request by Plaintiff for ESI.

C. Whether the production of metadata is sought for any type of ESI, and 

if so, what types of metadata. Plaintiff(s) state that metadata will only be 

2 See Generally: Rules Advisory Committee Notes to the 2006 Amendments to Rule 26(f) and 

Rule 16. 

4

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sought for ESI the parties agree to produce in native format, including 

but not limited to descriptive metadata (title, abstract, author, and agreed 

keywords), structural metadata, and administrative metadata (create 

date, file type, access rights, and preservation metadata). Defendant 

reserves all objections to any request by Plaintiff(s) for ESI and/or 

metadata.

D. The various sources of ESI within a party's control that should be 

searched for ESI, and whether either party has relevant ESI that it contends is 

not reasonably accessible under Rule 26(b)(2)(B), and if so, the estimated 

burden or costs of retrieving and reviewing that information. Defendant may 

seek to search the email, computers, tablets and cell phones of Plaintiff(s). 

Plaintiff(s) believe this is excessive and will argue proportionality. 

Plaintiff(s) seeks to search all computer network systems, email 

programs, handheld devices or computers, hard drives of the devices or 

computers used by the Defendant. Defendant believes this is excessive 

and reserves all objections to any such request. 

E. The characteristics of the party's information systems that may contain 

relevant ESI, including, where appropriate, the identity of individuals with 

special knowledge of a party’s computer systems. 

F. Any issues relating to preservation of discoverable ESI. 

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G. Assertions of privilege or of protection as trial-preparation materials, 

including whether the parties can facilitate discovery by agreeing on 

procedures and, if appropriate, an Order under Federal Rules of Evidence Rule 

502. If the parties agree that a protective order is needed, they shall attach a 

copy of the proposed order to the Case Management Report. The parties 

should attempt to agree on protocols that minimize the risk of waiver. Any 

protective order shall comply with Local Rule 1.09 and Section V.F. below 

on Confidentiality Agreements. No protective order is requested at this 

time. The parties agree that should any such issues of privilege or 

protection present themselves during the course of discovery, the parties 

will make every attempt to reach a resolution and if they are unable to do 

so, they will immediately apply to the Court for a hearing to assist in 

resolving the issue at hand.

H. Whether the discovery of ESI should be conducted in phases, limited, 

or focused upon particular issues. At this time, the parties do not anticipate 

the discovery of ESI should be so cumbersome as to require it to be 

conducted in phases, but will immediately alert the Court should any 

problems or disagreements between the parties arise in this regard.

Please state if there are any areas of disagreement on these issues and, if so, 

summarize the parties' positions on each: 

__________________N/A_____________________________________________

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___________________________________________________________________

__________________________________________________________________ 

If there are disputed issues specified above, or elsewhere in this report, then (check 

one): 

_____ one or more of the parties requests that a preliminary pre-trial conference 

under Rule 16 be scheduled to discuss these issues and explore possible resolutions. 

Although this will be a non-evidentiary hearing, if technical ESI issues are to be 

addressed, the parties are encouraged to have their information technology experts 

with them at the hearing.

If a preliminary pre-trial conference is requested, a motion shall also be filed 

pursuant to Rule 16(a), Fed. R. Civ. P. 

_X__ all parties agree that a hearing is not needed at this time because they expect 

to be able to promptly resolve these disputes without assistance of the Court. 

V. Agreed Discovery Plan for Plaintiffs and Defendants

A. Certificate of Interested Persons and Corporate Disclosure Statement 

This Court has previously ordered each party, governmental party, intervenor, 

non-party movant, and Rule 69 garnishee to file and serve a Certificate of Interested 

Persons and Corporate Disclosure Statement using a mandatory form. No party may 

seek discovery from any source before filing and serving a Certificate of Interested 

Persons and Corporate Disclosure Statement. A motion, memorandum, response, or 

Case 5:20-cv-00124-MW-MJF Document 32 Filed 12/11/20 Page 11 of 18
other paper - including emergency motion - is subject to being denied or stricken 

unless the filing party has previously filed and served its Certificate of Interested 

Persons and Corporate Disclosure Statement. Any party who has not already filed 

and served the required certificate is required to do so immediately. 

Every party that has appeared in this action to date has filed and served a

Certificate of Interested Persons and Corporate Disclosure Statement, or shall do 

so immediately: 

Defendant filed the required certificate and disclosure on August 21, 2020.

Plaintiffs have not filed the required certificate and disclosure as of December 11, 

2020.

B. Discovery Not Filed 

The parties shall not file discovery materials with the Clerk except as provided 

in Fed. R. Civ. P. 5(d). The Court encourages the exchange of discovery requests 

electronically. See Fed. R. Civ. P. 5(d). The parties further agree as follows: 

______________________N/A_________________________________________

___________________________________________________________________

___________________________________________________________________ 

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C. Limits on Discovery 

Absent leave of Court, the parties may take no more than ten (10) depositions 

per side (not per party). Fed. R. Civ. P. 30(a)(2)(A); Fed. R. Civ. P. 31(a)(2)(A). 

Absent leave of Court, the parties may serve no more than twenty-five (25)

interrogatories, including sub-parts, per party. Fed. R .Civ. P. 33(a). Absent leave 

of Court, requests for admission shall be limited to no more than thirty (30) per party.

The parties may agree by stipulation on other limits on discovery. The Court will 

consider the parties agreed dates, deadlines, and other limits in entering the 

scheduling order. Fed. R. Civ .P. 29. In addition to the deadlines in the above table, 

the parties have agreed to further limit discovery as follows: 

1. Depositions 

2. Interrogatories 

3. Document Requests 

4. Requests to Admit 

5. Supplementation of Discovery 

D. Discovery Deadline 

Each party shall timely serve discovery requests so that the rules allow for a 

response prior to the discovery deadline. The Court may deny as untimely all 

motions to compel filed after the discovery deadline. In addition, the parties agree 

Case 5:20-cv-00124-MW-MJF Document 32 Filed 12/11/20 Page 13 of 18
as follows: Plaintiffs have outstanding discovery due to Defendant on December 4, 

2020.

E. Disclosure of Expert Testimony 

On or before the dates set forth in the above table for the disclosure of expert 

reports, the parties agree to fully comply with Fed. R. Civ. P. 26(a)(2) and 26(e). 

Expert testimony on direct examination at trial will be limited to the opinions, basis, 

reasons, data, and other information disclosed in the written expert report disclosed 

pursuant to this order. Failure to disclose such information may result in the 

exclusion of all or part of the testimony of the expert witness. The parties agree on 

the following additional matters pertaining to the disclosure of expert testimony: 

___________________________N/A____________________________________ 

___________________________________________________________________

F. Confidentiality Agreements 

Whether documents filed in a case may be filed under seal is a separate issue 

from whether the parties may agree that produced documents are confidential. The 

Court is a public forum, and disfavors motions to file under seal. The Court will 

permit the parties to file documents under seal only upon a finding of extraordinary 

circumstances and particularized need. See Brown v. Advantage Engineering, Inc., 

960 F.2d 1013 (11th Cir. 1992); Wilson v. American Motors Corp., 759 F.2d 1568 

(11th Cir. 1985). A party seeking to file a document under seal must file a motion 

Case 5:20-cv-00124-MW-MJF Document 32 Filed 12/11/20 Page 14 of 18
to file under seal requesting such Court action, together with a memorandum of law 

in support. (See M.D. Fla. R. 1.09). The motion, whether granted or denied, will 

remain in the public record. 

The parties may reach their own agreement regarding the designation of 

materials as confidential. There is no need for the Court to endorse the confidentiality 

agreement. The Court discourages unnecessary stipulated motions for a protective 

order. The Court will enforce appropriate stipulated and signed confidentiality 

agreements. Each confidentiality agreement or order shall provide, or shall be 

deemed to provide, that any party shall file a document under seal without first 

having obtained an order granting leave to file under seal on a showing of 

particularized need. With respect to confidentiality agreements, the parties agree as 

follows:____________________________N/A_____________________________

___________________________________________________________________

__________________________________________________________________

G. Electronically Stored Information and Claims of Privilege

Pursuant to Fed. R. Civ. P. 16, the parties have made the following agreements 

regarding the disclosure and discovery of electronically stored information as well 

as the assertion of claims of privilege or protection of trial preparation materials after 

production:_____________________________N/A_________________________

___________________________________________________________________

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___________________________________________________________________

_______

H. Other Matters Regarding Discovery: Plaintiffs has outstanding 

discovery due to Defendant on December 4, 2020.

VI. Settlement and Alternative Dispute Resolution

A. Settlement 

The parties agree that settlement is_____ likely___X___unlikely (check one) 

The parties request a settlement conference before a United States Magistrate 

Judge: _____ yes __X___ no ______ likely to request in future.

B. Arbitration 

Does this case fall within the Rule automatically referring this civil case to

arbitration? _____ yes __X____ no 

In any civil case subject to arbitration, the Court may substitute mediation for 

arbitration upon a determination that the case is susceptible to resolution through 

mediation. The parties agree that this case is susceptible to resolution through 

mediation, and therefore jointly request mediation in place of arbitration: 

__X__ yes _____ no _____ likely to agree in future 

Case 5:20-cv-00124-MW-MJF Document 32 Filed 12/11/20 Page 16 of 18
C. Mediation 

Absent arbitration or a Court order to the contrary, the parties in every case 

will participate in Court-annexed mediation as detailed in the Court’s Local Rules. 

The parties have not agreed on a mediator, but will select from the Court’s approved 

list of mediators as set forth in the table above, and have agreed to the date stated in 

the table above as the last date for mediation. 

D. Other Alternative Dispute Resolution 

The parties intend to pursue the following other methods of alternative dispute 

resolution:_______________________N/A_______________________________

Date: December 11, 2020

Respectfully submitted this 11th day of December, 2020.

__________________________

LaDray B. Gilbert, Esq.

Florida Bar No. 67929

The Gilbert Firm, P.A.

3026 Auction Drive

Marianna, Florida 32448

Tel: 850-482-2223

Fax: 850-482-2111

E-mail: ladray.gilbert@gfirmlaw.com

Trial Counsel for Plaintiffs

/s/ Daniel Rosenheim, Esq.______

John W. Roberts, Esq.

Florida Bar No. 0108570

john@johnwrobertslaw.com

Daniel Rosenheim, Esq.

Florida Bar No. 124829

daniel@johnwrobertslaw.com

12273 US Highway 98 West, Ste. 204

Miramar Beach, Florida 32550

Tel: (850) 250-0887 

Fax: (850) 250-2612

Trial Counsel for Defendant, Showntail The 

Legend, LLC

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