ACTIVE 49913760v1 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF FLORIDA 

PANAMA CITY DIVISION 

CHRISTINA WORLEY, 

 Plaintiff, 

v. CASE NO. 5:20-cv-00076-TKW-MJF 

MHM HEALTH PROFESSIONALS, 

INC. and MHM HEALTH 

PROFESSIONALS, LLC, 

 Defendants. 

 / 

REPORT OF THE PARTIES’ PLANNING MEETING 

1. The following persons participated in a Rule 26(f) conference on 

April 9, 2020 and April 14, 2020, by electronic mail: 

(a) Adam Ellis, representing Plaintiff; 

(b) Catherine H. Molloy and Cayla M. Page, representing 

Defendant1

; 

2. Initial Disclosures. 

The parties will complete by May 9, 2020, the initial disclosures 

required by Rule 26(a)(1). 

3. Discovery Plan. The parties propose this discovery plan: 

 

1 MHM Health Professionals, Inc. was converted from a corporation to a limited liability company effective 

December 31, 2018. Accordingly, MHM Health Professionals, Inc. and MHM Health Professionals, LLC 

are the same entity. 

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(a) Discovery will be needed on these subjects: 

Plaintiff’s claims and all other allegations in Plaintiff’s Amended 

Complaint and matters incidental thereto; Defendant’s defenses and all 

responses and averments in Defendant’s Answer and Affirmative Defenses 

matters incidental thereto; Plaintiff’s damages and Defendant’s defenses 

thereto; and Plaintiff’s efforts to mitigate and matters incidental thereto.

The parties also agree that disclosure or discovery of electronically 

stored information should be handled as follows: 

The Parties agree that discovery of electronically store information 

should be governed by the Federal Rules of Civil Procedure. 

 The parties further agree that all ESI shall be produced on a 

CD/removable drive/cloud link. The Parties will preserve true and correct 

copies of all ESI that is responsive to another party’s discovery requests, and 

will the same electronically. 

 The Parties agree to take reasonable steps, and to adjust retention 

practices accordingly, to preserve ESI related to the claims and defenses 

asserted in the pleadings. 

 The Parties will assert any claims of privilege or attorney work product 

over ESI in their written discovery responses. To the extent any such 

privileged information is inadvertently produced, the producing party shall 

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identify such information within ten days of production and the receiving party 

will immediately return or destroy such information. Should the receiving 

party dispute the designation of information as privileged or protected work 

product, she or it will promptly meet and confer with the producing party in 

an effort to resolve the dispute. If the dispute is not resolved, the receiving 

party may file an appropriate motion. 

 The Parties do not anticipate other problems arising in connection with 

ESI discovery but will make a good-faith effort to resolve any such matters 

that may arise. 

The Parties are in disagreement, however, as to the precise 

number of custodians and search terms to which ESI discovery may be 

propounded/collected. Defendant proposes 5 custodians and 5 search 

terms. Plaintiff does not agree to any limitations on custodians and/or 

search terms. 

(b) Dates for commencing and completing discovery, including 

discovery to be commenced or completed before other 

discovery. 

All discovery responses and objections shall be served 30 days after 

the discovery is served upon the party. If such deadline falls on a Saturday 

or Sunday, the party shall serve her/its responses on the following Monday. 

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If such deadline falls on a federally-recognized holiday, the party shall serve 

her/its responses on the following business day. 

The parties agree that discovery responses and objections, as well as 

any and all document productions, may be served by electronic mail. 

The parties respectfully request that the Court extend the discovery 

deadline, up to and including February 1, 2021, due to preexisting 

professional obligations during large portion of the proposed discovery 

timeline set by the Court and preexisting litigation that may make the 

availability of witnesses difficult. Further, the parties are concerned about 

availability of witnesses during the current pandemic (COVID19), which will 

likely delay discovery in this matter. 

(c) Maximum number of interrogatories by each party to another 

party, along with the dates the answers are due. 

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

interrogatories, including sub-parts. See Fed. R. Civ. P. 33(a). The parties 

agree that responses and objections to any and all interrogatories served 

shall be due 30 days after the date in which the interrogatories were 

propounded. The parties will amend or supplement discovery as soon as 

possible, but no later than fourteen (14) days after being put on written notice 

of the need to supplement or amend. 

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(d) Requests for admission. 

 Absent leave of court, the parties agree to be bound by Fed. R. Civ. P. 

34. The parties agree that responses and objections to any and all requests 

for production served shall be due 30 days after the date in which the 

requests for production were propounded. The parties will amend or 

supplement discovery as soon as possible, but no later than fourteen (14) 

days after being put on written notice of the need to supplement or amend. 

(e) Maximum number of requests for admission, along with the 

dates responses are due. 

Absent leave of Court, the parties agree to the limits set forth in Fed. 

R. Civ. P. 36. The parties agree that responses and objections to any and 

all requests for admission served shall be due 30 days after the date in which 

the requests for admission were propounded. The parties will amend or 

supplement discovery as soon as possible, but no later than fourteen (14) 

days after being put on written notice of the need to supplement or amend. 

(f) Maximum number of depositions by each party. 

Absent leave of Court, the parties agree to the limits set forth in Fed. 

R. Civ. P. 30 and Fed. R. Civ. P. 31 and may take no more than ten 

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

Civ. P. 31(a)(2)(A). 

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(g) Limits on the length of depositions, in hours. 

Absent leave of Court, the parties agree to the limits set forth in Fed. 

R. Civ. P. 30(d)(1) and agree that all depositions are limited to 1 day of 7 

hours. Dates for exchanging reports of expert witnesses. 

Absent leave of Court, the parties agree that, pursuant to Fed. R. Civ. 

P. 26(a)(2), Plaintiff’s expert disclosure shall be due by May 15, 2020 and 

that Defendant’s expert disclosure shall be due by June 19, 2020. Plaintiff’s 

rebuttal reports may be served 30 days after Defendant’s expert report, if 

any. 

Third parties or parties added or joined later shall 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. 

(h) Dates for supplementations under Rule 26(e). 

The parties will amend or supplement discovery as soon as possible, 

but no later than fourteen (14) days after being put on written notice of the 

need to supplement or amend. 

4. Other Items: 

(a) A date if the parties ask to meet with the court before a 

scheduling order. 

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The parties do not require a meeting with the Court before a scheduling 

Order is entered. 

(b) Requested dates for pretrial conferences. 

In accordance with this Court’s Initial Scheduling Order [Doc. 5], the 

parties agree that the Court “will enter an order after the completion of 

discovery which will set a pretrial conference and will specify the parties’ 

comprehensive trial disclosure and preparation requirements.” 

(c) Final dates for the plaintiff to amend pleadings or to join 

parties. 

Absent leave of Court, the parties agree that the deadline for Plaintiff 

to add parties or to amend pleadings is June 26, 2020. 

(d) Final dates for the defendant to amend pleadings or to join 

parties. 

Absent leave of Court, the parties agree that the deadline for Defendant 

to add parties or to amend pleadings is July 27, 2020. 

(e) Final dates to file dispositive motions. 

The parties agree that motions for summary judgment be filed 21 days 

after the close of discovery. 

(f) State the prospects for settlement. 

The parties are unlikely to settle. 

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(g) Identify any alternative dispute resolution procedure that 

may enhance settlement prospects. 

The parties agree that mediation may enhance settlement prospects. 

(h) Final dates for submitting Rule 26(a)(3) witness lists, 

designations of witnesses whose testimony will be 

presented by deposition, and exhibit lists. 

In accordance with this Court’s Initial Scheduling Order [Doc. 5], the 

parties agree that the Court “will enter an order after the completion of 

discovery which will set a pretrial conference and will specify the parties’ 

comprehensive trial disclosure and preparation requirements 

(i) Final dates to file objections under Rule 26(a)(3). 

The parties agree that objections pursuant to Rule26(a)(3) shall be 

filed 14 days after the filing in which the party is objecting. 

(j) Suggested trial date and estimate of trial length. 

The parties agree that a trial may be set in July 2021, which is later 

than 8 months after this case was removed. The parties justification for a 

later discovery period and trial has been set forth above. 

The parties request a 5-day trial. 

(k) Other matters. 

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i. The parties agree that all motions and responses shall 

be served and filed within the time required by the 

Federal Rules of Civil Procedure or the Local Rules of 

this Court. 

ii. The parties agree that motions filed may be disposed 

of without hearing. See N.D. Fla. Loc. R. 7.1. 

iii. The parties agree that if the rules and this order do not 

provide a time for the filing or service of motions or 

pleadings, then such motions or pleadings shall be 

served and filed within the period provided for the 

completion of discovery. 

iv. The parties agree that if any party inadvertently 

produces electronically-stored information, or other 

documents, that the producing party claims after 

production are privileged, the producing party will 

notify the opposing party within three (3) business 

days of learning of the inadvertent production. 

Thereafter, the opposing party shall promptly return or 

destroy the document(s), and must take reasonable 

steps to retrieve the information from third parties, 

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including expert witnesses. The parties reserve their 

right, however, to claim that the information disclosed 

was not privileged or that the privilege was waived. 

v. The parties agree that due to the nature of 

Defendant’s business, which includes providing 

medical and mental health care to inmates 

incarcerated in prisons throughout Florida, it may 

become necessary to seek a protective order, enter 

into a confidentiality agreement and/or seek a 

confidentiality order. 

Date: April 23, 2020 

Respectfully submitted, 

/s/Adam Ellis /s/Catherine H. Molloy 

Adam Ellis Richard C. McCrea, Jr. 

Florida Bar No. 35628 Florida Bar No. 351539 

Email: Adam@mattoxlaw.com Email: mccrear@gtlaw.com 

MARIE A. MATTOX, P.A. Catherine H. Molloy 

203 North Gadsden Street Florida Bar No. 3500 

Tallahassee, FL 32303 Email: molloyk@gtlaw.com 

(850) 383-4800 (telephone) Cayla M. Page 

(850) 383-4801 (facsimile) Florida Bar No. 1003487

Attorney for Plaintiff Email: pagec@gtlaw.com 

 GREENBERG TRAURIG, P.A. 

 101 E. Kennedy Boulevard 

 Suite 1900 

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