ACTIVE 54136126v1

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

BETTY YOUNG, Case No. 3:20cv5818-TKW/EMT

Plaintiff,

v.

CENTURION OF FLORIDA, LLC, et al.,

Defendants.

__________________________________/

JOINT DISCOVERY PLAN AND SCHEDULING REPORT

The parties submit this Joint Discovery Plan and Scheduling Report pursuant to 

the Court’s Order of November 12, 2020 (Doc. 15).

The following persons participated in a Rule 26(f) conference by electronic mail 

on December 10, 2020:

(a) Gaye L. Huxoll, representing Plaintiff

(b) Catherine H. Molloy, representing Defendants

1. Magistrate Judge Jurisdiction

The parties have conferred regarding this issue.

2. Nature and Basis of Claims and Defenses

Plaintiff alleges that Defendants violated state and federal law by discriminating 

against her based on her race and retaliating against her for reporting and/or opposing 

unlawful conduct.

Case 3:20-cv-05818-TKW-MJF Document 20 Filed 12/11/20 Page 1 of 8
2

ACTIVE 54136126v1

Defendants deny that they violated any state or federal law by discriminating or 

retaliating against Plaintiff and assert that any and all actions taken by Defendants, or 

by their employees, agents, and/or representatives were taken for legitimate, nondiscriminatory and non-retaliatory reasons.

The principal factual and legal issues in dispute are:

a. Whether Plaintiff satisfied all conditions precedent to suit.

b. Whether Defendant Centurion of Florida, LLC was Plaintiff’s 

employer.

c. Whether Defendants intentionally discriminated against Plaintiff 

based on her race.

d. Whether Defendants would have taken the same action regardless 

of Plaintiff’s race and/or alleged protected activity.

e. Whether Plaintiff is entitled to compensatory damages and, if so, 

the amount.

f. Whether Plaintiff has mitigated her damages.

g. Whether Plaintiff was treated less favorably than similarly situated 

non-African-American employees based on her race.

h. Whether Plaintiff was subjected to hostility and poor treatment 

based on her race.

i. Whether Plaintiff reported and/or opposed unlawful conduct or 

unlawful employment practices.

Case 3:20-cv-05818-TKW-MJF Document 20 Filed 12/11/20 Page 2 of 8
3

ACTIVE 54136126v1

j. Whether Defendants retaliated against Plaintiff for reporting 

and/or opposing unlawful conduct or unlawful employment 

practices.

k. Whether Defendants had legitimate, non-discriminatory and nonretaliatory reasons for the actions they took with respect to 

Plaintiff’s employment.

l. Whether Defendants’ proffered reasons for their actions are 

pretextual.

m. Whether Defendants would have taken the same action regardless 

of Plaintiff’s alleged protected activity.

n. Whether Defendants took steps to correct or rectify any alleged 

wrongdoing.

3. Likelihood of Settlement or Resolution

At this time, the parties do not believe early settlement is likely or that mediation 

would be helpful before at least some discovery has taken place. The parties agree to 

continuously explore the possibility of settlement or resolution through mediation at a 

later date. 

4. Proposed Timetables and Cutoff Dates

a. The parties propose as follows:

(1) Other parties should be joined by March 31, 2021. 

(2) Pleadings should be amended by March 31, 2021.

Case 3:20-cv-05818-TKW-MJF Document 20 Filed 12/11/20 Page 3 of 8
4

ACTIVE 54136126v1

(3) All motions and responses shall be filed in accordance with the 

Court’s Initial Scheduling Order and the applicable rules.

b. The parties propose the following revisions to the Court’s Initial 

Scheduling Order:

(1) Absent leave of Court, Plaintiff’s Rule 26(a)(2) expert disclosures 

shall be made by March 8, 2021, Defendants’ expert disclosures 

shall be made by April 15, 2021, and Plaintiff’s rebuttal reports, if 

any, shall be made by April 29, 2021.

(2) Discovery shall be completed by June 15, 2021.

5. Discovery Plan and Requirements

The parties will make the initial disclosures required by Rule 26(a)(1) on/by 

January 5, 2021.

The parties agree that written discovery and depositions are needed concerning 

Plaintiff’s claims and Defendants’ defenses. The parties have agreed that discovery in 

this case and the four related cases pending before this Court styled Darsell Harris v. 

Centurion of Florida, LLC, et al., Case No. 19cv4939, Henry Conner v. Centurion of Florida, 

LLC, et al., Case No. 20cv5263, Clifton Richard v. Centurion of Florida, LLC, et al., Case 

No. 20cv5686, and Tracy Bowen v. Centurion of Florida, LLC, et al., Case No. 20cv5823, 

should be consolidated such that discovery obtained in one case may be used in the 

Case 3:20-cv-05818-TKW-MJF Document 20 Filed 12/11/20 Page 4 of 8
5

ACTIVE 54136126v1

others. The parties do not believe that discovery should be conducted in phases or 

limited in any respect.

Other than as set forth above, the parties do not currently have any proposed 

changes to the discovery procedures set out in the Court’s Initial Scheduling Order or 

in the applicable rules.

6. Production of Electronically Stored Information

a. The parties anticipate requesting electronically stored information 

(“ESI”) that is reasonably available to the parties in the ordinary course of 

business. 

b. Information that is not reasonably available will be identified in the 

party’s discovery responses. Should the requesting party desire that sources 

identified as not reasonably available be searched for discoverable information, 

the costs of said search will be borne by the requesting party unless otherwise 

ordered by the Court.

c. All ESI shall be produced in hardcopy format or on a 

CD/removable drive. The parties will preserve true and correct copies of all ESI 

that is responsive to another party’s discovery requests, and will produce such 

copies at a mutually agreed time and/or place. 

Case 3:20-cv-05818-TKW-MJF Document 20 Filed 12/11/20 Page 5 of 8
6

ACTIVE 54136126v1

d. 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. 

e. 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 

identify such information as soon as possible after the production and the 

receiving party will immediately return or destroy such information and will take 

reasonable steps to retrieve the information from third parties, including expert 

witnesses. 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.

f. 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. 

g. The parties agree to limit ESI searches to 7 custodians and 7 search 

terms.

Case 3:20-cv-05818-TKW-MJF Document 20 Filed 12/11/20 Page 6 of 8
7

ACTIVE 54136126v1

7. Estimate of Trial Date

The parties estimate that the case will be ready for trial on or about October 1, 

2021. The parties believe that approximately 5 days will be needed for trial. Trial will 

be jury.

8. Other Matters Unique or Specific to the Case

As noted above, this case is related to four other actions against Defendants 

pending before this Court.

The parties are not currently aware of any other matters unique or specific to this 

case.

9. Complex Litigation

The parties do not believe that this case should be made subject to the Manual 

for Complex Litigation.

Respectfully submitted this 11th day of December, 2020.

TEIN MALONE PLLC

By: /s/ Gaye L. Huxoll________

Gaye L. Huxoll

Florida Bar No. 149497

ghuxoll@teinmalone.com

(305) 442-1101

Counsel for Plaintiff 

GREENBERG TRAURIG, P.A.

By: /s/ Catherine H. Molloy_____ 

Richard C. McCrea, Jr.

Florida Bar No. 351539

mccrear@gtlaw.com

Catherine H. Molloy

Florida Bar No. 003500

molloyk@gtlaw.com

Cayla M. Page

Florida Bar No. 1003487

pagec@gtlaw.com

(813) 318-5700

Counsel for Defendants 

Case 3:20-cv-05818-TKW-MJF Document 20 Filed 12/11/20 Page 7 of 8
8

ACTIVE 54136126v1

Case 3:20-cv-05818-TKW-MJF Document 20 Filed 12/11/20 Page 8 of 8