UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

MATHEW SELOVER,

Plaintiff,

v.

ESCAMBIA COUNTY BOARD OF 

COUNTY COMMISSIONERS and

RAYME ELDER,

Defendant.

Case No. 3:20cv4698-TKW-HTC

_________________________________/

SCHEDULING AND MEDIATION ORDER

Upon consideration of the report of the parties’ Rule 26(f) planning meeting 

(Doc. 24), it is ORDERED that the following deadlines and procedures are 

established:

1. Amending pleadings and joining parties: The deadlines proposed by the 

parties are adopted by the Court.

2. Rule 26 disclosures: The deadlines proposed by the parties for initial and 

expert disclosures under Rule 26(a)(1) and (a)(2), respectively, are adopted 

by the Court. The parties may agree to modify these deadlines without 

court approval so long as the extension does not interfere with the time set 

for completing discovery, submitting or responding to a motion, or trial. 

See N. D. Fla. Loc. R. 6.1. Any supplemental disclosures under Rule 26(e) 

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must be made within a reasonable time after learning information calling 

for supplementation and in time to ensure the opposing party is not 

prejudiced by any failure to supplement immediately after the information

was or with diligence should have been discovered.

3. Discovery deadline: The discovery deadline is April 8, 2021.

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4. Potentially dispositive motions: The deadline for filing motions for 

summary judgment or other potentially dispositive motions is 28 days after 

the discovery deadline. Responses and replies shall be filed within the 

times provided in Local Rule 56.1 and shall also comply with the 

provisions of paragraph (10) of the Initial Scheduling Order.

5. Daubert motions: The deadline for filing Daubert motions is 28 days after 

the discovery deadline.

6. Trial: To be set later. The Court typically sets the trial date after ruling on

the motions for summary judgment or other potentially dispositive motions 

or upon receiving notice that no such motions have been filed and the case 

is ready to be set for trial. This ensures that the Court will have all the time 

it needs to rule on the motions and prevents the parties from having to 

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 This deadline accommodates the 10-month discovery period requested by the parties and 

also takes into account Dr. Elder’s pending motion to stay discovery, which the Court anticipates 

being able to rule on promptly after reviewing the anticipated motions to dismiss the amended 

complaint and Plaintiff’s responses to the motions. The deadline can be modified if necessary 

based on the Court’s ruling.

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spend additional time, effort, and money preparing for trial until the 

motions have been decided and it is known what issues, if any, remain for 

trial. This also allows the Court to give the parties a firm trial date, rather 

than a spot within a trial period. Typically, the trial date will be within 3 

to 4 months of the date the Court rules on the motions, so the September 

2021 timeframe suggested by the parties should be feasible.

7. Pretrial conference and related deadlines: A separate Pre-Trial Order will 

be issued later to establish the date for the pretrial conference and the 

deadline for the attorney conference leading to the filing of a pretrial 

stipulation and related papers. The deadline established for the attorney 

conference also will be the deadline for disclosures under Rule 26(a)(3), 

with any objections to be filed within 7 days thereafter. Motions in limine 

and other pretrial motions motion shall be filed no later than 14 days prior 

to the pretrial conference, with a response to the motion filed no later than 

7 days thereafter, to allow consideration of the motion at or prior to the 

pretrial conference.

8. Mediation: The parties shall mediate this case. The deadline for 

completing mediation is 30 days before the discovery deadline, but the 

parties may (and are encouraged to) mediate sooner than that. The 

following procedures will govern mediation:

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a. If the parties are unable to agree upon a mediator, they shall file a 

motion with the Court at least 60 days prior to the mediation 

deadline explaining why they have been unable to agree and 

providing separate lists of at least 3 mediators each party would 

agree to (and any that they would object to) and the Court will 

designate the mediator from the lists.

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 following MUST attend the mediation conference unless 

excused in advance on a motion showing good cause:

i. The attorney of record primarily responsible for the conduct of 

this case on behalf of a party.

ii. 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 

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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. 

iii. 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.” 

d. A person’s failure to attend the mediation conference as required 

ordinarily will result in the imposition of sanctions.

e. 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.

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f. 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. 

g. Everything said during mediation—other than the terms of any 

settlement agreement itself—will be off the record and inadmissible 

as settlement negotiations. Mediation proceedings—other than any 

settlement agreement itself—must not be recorded electronically or 

by a court reporter. 

h. This referral to mediation does not extend any deadline. 

i. 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. 

j. The mediator or a party must file a report within 7 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. 

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k. 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

9. Other matters: The parties’ report will control the matters it addresses, 

except to the extent of any conflict with this Order. On matters not 

addressed in this Order or the parties’ report, the Initial Scheduling Order 

remains in effect. Deadlines will be determined based on this Order 

(including parties’ 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. 

The attorneys are expected to comply with the standards of 

professionalism in the American College of Trial Lawyers Code of Pretrial 

and Trial Conduct, which is available at the “attorneys” tab on the court’s 

website.

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DONE and ORDERED this 30th day of April, 2020.

T. Kent Wetherell, II 

T. KENT WETHERELL, II

UNITED STATES DISTRICT JUDGE

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