UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

GAINESVILLE DIVISION

EMMANUEL OSEMOTA,

Plaintiff,

v. CASE NO.: 1:20-cv-00159-AW-GRJ

THE UNIVERSITY OF FLORIDA, 

COLLEGE OF MEDICINE,

Defendant.

______________________________/

JOINT RULE 26(F) REPORT

The Parties, by and through their undersigned counsel, hereby submit this 

Joint Rule 26(f) Report, and state the following:

A. THE MEETING. The following persons participated in a Rule 26(f) 

conference via conference call on September 9, 2020, and then subsequently by 

electronic means: 

John Vernaglia, Esq, Counsel for Plaintiff; and

Samantha Giudici Berdecia, Esq., Counsel for Defendant.

B. DISCOVERY PLAN. The parties propose the following pursuant to 

Rule 26(f)(3):

1. Disclosures Under 26(a): The parties have agreed that they will 

file the initial disclosures required by Rule 26(a)(1) within 14 days of the 

submission of this Report.

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2. Discovery Subject and Timing: Discovery will be needed on 

the facts that relate to Plaintiff’s causes of action and claims for relief, along 

with Defendant’s affirmative defenses. There is no need to conduct discovery 

in phases, or to limit discovery to particular issues.

3. Issues Relating to Electronic Discovery: See Section C.6.

4. Issues Relating to Claims of Privilege or of Protection as 

Trial-Preparation: See Section C.6.

5. Number of Depositions: The number of depositions is limited 

to (10) per side without leave of Court, unless additional depositions are 

agreed upon by the parties.

6. Any Changes in the Limitations on Discovery: None.

C. MATTERS ADDITIONAL TO THOSE SET OUT IN RULE 26(f).

1. Magistrate Judge Jurisdiction: The parties have conferred on 

this issue. The parties do not consent to magistrate judge jurisdiction.

2. Nature and Basis of Claims and Defenses:

a. Plaintiff contends that this is a civil rights action for 

damages and for declaratory and injunctive relief arising out of 

Defendant’s arbitrary decision to dismiss Plaintiff from its medical 

school. Plaintiff asserts claims against Defendant for: (a) 

discrimination on the basis of disability in violation of the Title II of the 

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Americans with Disabilities Act, 42 U.S.C. § 12101, et seq., and 

Section 504 of the Rehabilitation Act, 29 U.S.C. §701, et seq.; (b) 

intentional discrimination on the basis of race, color, and/or national 

origin in violation of 42 U.S.C. § 1981 and Title VI of the Civil Rights 

Act of 1964, 42 U.S.C.§§ 2000d, et seq.; (c) deprivation of Plaintiff’s 

rights under the Due Process and Equal Protection Clauses of the 

Fourteenth Amendment; (d) breach of contract under Florida law; and 

(e) declaratory and injunctive relief pursuant to 28 U.S.C. §§ 2201 and 

2202.

b. Defendant denies any wrongdoing and asserts that 

Plaintiff’s dismissal was in compliance with law and the University’s 

standards, policies, and procedures. Defendant denies Plaintiff’s 

allegations of disability discrimination; race, color, or national origin 

discrimination; violation of Plaintiff’s right to due process or equal 

protection; and allegations of breach of contract. Defendant further 

denies that Plaintiff is entitled to declaratory or injunctive relief. 

Defendant’s affirmative defenses are outlined, in detail, in Defendant’s 

Answer and Affirmative Defenses (Doc. 8).

3. Prompt Settlement or Resolution of the Case: Prompt 

settlement or resolution cannot be evaluated at this time, but such an 

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evaluation will be possible after further investigation and discovery.

Mediation may be helpful in settlement after discovery has taken place.

4. Proposed Timetables and Cutoff Dates; Whether the 

Scheduling Order Should Be Revised: The parties all consent to the 

timetables and cutoff dates for the joinder of parties, amendments to 

pleadings, and filing of motions and responses as set forth in the Federal Rules 

of Civil Procedure. The Initial Scheduling Order, ECF No. 9, should be 

modified as follows:

a. Rule 26(a)(2) Disclosures of Expert Witnesses: By 

Plaintiff no later than February 15, 2021, and by Defendant no later 

than March 15, 2021.

b. Discovery Period: The due date of any discovery 

requested shall not be later than April 15, 2021. 

c. Proposed Trial Date: The Parties request a trial date in 

August 2021. It is anticipated that the trial will last five days.

d. Summary Judgment Motions: Summary judgment or 

dispositive motions shall be filed no later than May 6, 2021.

5. The Parties’ Respective Discovery Requirements: See above.

6. Information from Electronic or Computer-Based Media: The 

parties reserve the right to request or produce information from electronic or 

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computer-based media. 

a. The parties agree that any disclosure or production will be 

limited to data reasonably available in the ordinary course of business. 

b. As to the questions of the anticipated scope, cost and time 

required, and identity of who would bear the cost: in the event that 

disclosure or production is necessary of data beyond what is reasonably 

available to the parties in the ordinary course of business, the party 

requesting the production will pay the costs of production. 

c. Any electronic or computer-based data will be produced 

in a searchable pdf and the parties agree that either party may request 

production of specific documents in native format following review of 

the pdf. Such data may be produced electronically by CD, DVD, flash 

drive or upload by the producing party to a cloud drive with access 

provided for download by the receiving party. 

d. The Parties agree that if privileged information or 

documents are is inadvertently produced, such information or 

documents will be returned, and copies will be destroyed or treated as 

otherwise permitted by the Rules.

e. The parties have issued the necessary litigation hold 

communications in order to preserve potentially discoverable data from 

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alteration or destruction in the ordinary course of business or otherwise.

f. The parties will address issues of confidentiality with 

respect to discovery if and when such issues arise. At this time, the 

parties are unaware of any other problems that may arise in connection 

with electronic or computer-based discovery.

7. When the Case Will Be Ready for Trial: The parties believe 

that the case will be ready for trial by August 2021. The Parties seek a later 

trial date due to a conflict with the trial date currently set forth in the Court’s 

Initial Scheduling Order. More specifically, counsel for the Parties have trials 

set in other Federal court cases for each of the first seven months of 2021, 

making the August 2021 the first available date without a conflict for counsel 

for both Parties.

8. Any Other Matters:

a. The Parties do not request a conference with the Court 

before entry of the Scheduling Order.

b. The Parties request a Pretrial Conference as ordered by the 

Court.

c. The Parties agree to service of discovery requests and 

responses by electronic means to the same addresses as noticed by the 

Court filing system.

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d. Disclosures under Rule 26(a)(3) as ordered by the Court.

e. The Parties should have one week after service of final list 

of witnesses and exhibits to list objections under Rule 26(a)(3).

9. Whether the Case Should be Subject to the Manual for 

Complex Litigation: This case should not be subject to the Manual for 

Complex Litigation.

DATED: September 14, 2020.

[Signatures of following page]

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Respectfully submitted,

ANDREWS LAW FIRM

822 North Monroe Street

Tallahassee, Florida 32303

T: (850) 681-6416 / F: 681-6984

/s/ John M. Vernaglia

JOHN M. VERNAGLIA (FBN 1010637)

RYAN J. ANDREWS (FBN 0104703)

DAVID A. WEISZ (FBN 1023229)

john@andrewslaw.com

ryan@andrewslaw.com

david@andrewslaw.com

service@andrewslaw.com

Counsel for Plaintiff

ALEXANDER DEGANCE BARNETT, P.A.

By: /s/ Samantha Giudici Berdecia

Mark G. Alexander

Florida Bar No. 434078

E-mail: mark.alexander@adblegal.com

Samantha Giudici Berdecia

Florida Bar No. 0058667

E-mail: samantha.giudici@adblegal.com

Email: mailbox@adblegal.com

1500 Riverside Avenue

Jacksonville, Florida 32204

(904) 345-3277 Telephone

(904) 345-3294 Facsimile

Attorneys for Defendant

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