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UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

PANAMA CITY DIVISION

GARY LEE SEYMOUR,

Plaintiff,

v. Case No. 5:20-cv-214-TKW-MJF

RICKY D. DIXON,

Defendant.

/

ORDER

The District Court denied Defendant’s motion for summary judgment and 

returned this case to the undersigned for further pretrial proceedings. Doc. 64. This 

order sets forth the procedures and requirements for the submission of the parties’ 

pretrial documents.

On or before DECEMBER 12, 2022, Plaintiff shall file (and serve on 

Defendant’s counsel) the following three documents: 

A. Plaintiff’s Statement of Facts: A written statement of the facts that 

will be presented on Plaintiff’s behalf at trial through testimony, 

documentary evidence, or other evidence.

B. Plaintiff’s Exhibit List: A list of all exhibits Plaintiff will offer for 

admission into evidence at trial. Plaintiff’s exhibit list shall assign a 

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number to each of Plaintiff’s proposed exhibits and state what each 

exhibit is. If Plaintiff does not intend to introduce exhibits at trial, 

he may file a notice to that effect instead of filing an exhibit list.

C. Plaintiff’s Witness List: A list that includes each and every witness 

Plaintiff intends to have testify at trial. This witness list shall include:

1. the name of each witness;

2. an indication of whether the witness is an inmate;1

3. the address of each witness;

4. a short summary of the expected testimony of each witness; and

5. an estimate of the amount of time each witness will testify.

Plaintiff shall serve upon Defendant’s counsel Plaintiff’s Statement of Facts, 

Plaintiff’s Exhibit List, and Plaintiff’s Witness List, and Plaintiff shall include in the 

original document filed with the clerk of the court a certificate stating the date that 

a true and correct copy was served upon Defendant’s counsel.

1 The court may, on Plaintiff’s request and the exercise of its discretion, issue writs 

of habeas corpus ad testificandum to procure the presence of inmate witnesses at 

trial. The court has no authority, however, to allocate funds to pay un-incarcerated 

witnesses whose attendance at trial is procured by subpoena. Accordingly, the court 

will not issue subpoenas for such witnesses unless Plaintiff first demonstrates his 

ability to pay the witnesses’ travel expenses (including the current mileage rate plus 

the daily witness fee for each witness. See 28 U.S.C. § 1821.

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Within THIRTY DAYS after Plaintiff files with this court the documents 

listed above, Defendant shall file (and serve on Plaintiff) the following three 

documents:

A. Defendant’s Statement of Facts: A written statement of the facts that 

will be presented on Defendant’s behalf at trial through testimony, 

documentary evidence, or other evidence.

B. Defendant’s Exhibits List: A list of all exhibits that the Defendant 

will seek to admit at trial. Defendant’s exhibit list shall assign a number 

to each of Defendant’s proposed exhibits and state what each exhibit is. 

If Defendant does not intend to introduce exhibits at trial, he may 

file a notice to that effect instead of filing an exhibit list.

C. Defendant’s Witness List: A list that includes each and every witness 

that Defendant intends to have testify at trial. This witness list shall 

include:

1. the name of each witness;

2. the address of each witness;

3. a short summary of the expected testimony of each witness; and

4. an estimate of the amount of time each witness will testify.

Failure by any party, in the pretrial narrative statement or at the pretrial 

conference, to disclose fully the substance of the evidence to be offered at trial 

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may result in exclusion of that evidence at trial. The only exceptions will be (a) 

matters which the court determines were not reasonably discoverable at the time of 

the pretrial conference; (b) privileged matters; and (c) matters to be used solely for 

impeachment of a witness.

In accordance with 28 U.S.C. § 636(c)(2), the clerk of the court shall forward 

to Plaintiff and to Defendant’s counsel a form for consenting to have a United States 

Magistrate Judge exercise civil jurisdiction. The clerk of court shall write this case 

number on the form. If a party desires to consent, the party or counsel for the party 

should: (a) sign the consent form; and (b) mail the signed form to the clerk of the 

court. Consenting to have a Magistrate Judge handle this case likely will result in a 

speedier resolution of this case. Consenting to have a Magistrate Judge handle this 

case still affords the parties the ability to have a jury decide factual matters.

SO ORDERED this 10th day of November, 2022.

/s/ Michael J. Frank 

Michael J. Frank

United States Magistrate Judge

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