IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

CAROLYN ANN MILLER, 

 Plaintiff, 

v. Case No.: 4:20cv514-MW/MJF

EBS SECURITY INC and

PRINTELLA BANKHEAD, 

 

 Defendants. 

__________________________/

ORDER FOR PRETRIAL CONFERENCE

The following pretrial schedule and procedure is established:

I. 

Dates for Compliance with Pretrial Procedures

A. This case is set for a TELEPHONIC pretrial conference at 9:00 A.M. 

on April 12, 2023. 

B. The attorney=s conference required by paragraph II shall be held no later 

than March 29, 2023. 

C. The pretrial paperwork required by paragraphs III and IV shall be 

filed by each party with the Clerk of the Court on or before April 5, 2023. 

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D. This case will be tried in the trial term that begins on May 1, 2023, at 

8:15 A.M.

E. This order does not abrogate the requirement to mediate as set forth in 

the parties’ Scheduling and Mediation Order. 

II. Attorneys to Confer

Counsel for all parties shall meet together on or before the date specified in 

Paragraph I(B) for the following purposes:

A. To discuss the possibility of settlement or mediation;

B. To stipulate to as many facts and issues as possible;

C. To draw up the pretrial stipulation in accordance with Paragraph III of 

this order;

D. To examine all exhibits proposed to be used in the trial;

E. To furnish opposing counsel the names and addresses of all witnesses, 

including possible rebuttal witnesses and experts;

F. To discuss the question of damages, including matters of evidence and 

proof which either party proposes to present at trial and the law in regard thereto; 

and 

G. To complete all other matters which may expedite both the pretrial and 

the trial of this case.

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H. Counsel for plaintiff shall initiate arrangements for the attorneys=

conferences. However, all attorneys in this cause are charged with the duty of 

meeting in such conferences and of complying with the schedule set forth in this 

order. If the schedule is not kept by any counsel, it is the duty of other counsel to 

insist upon the necessary meeting or meetings to effect the pretrial stipulation, and 

failing to succeed, to advise the court by motion seeking sanctions against any party 

failing or refusing to meet as directed after request.

III. Pretrial Stipulation

The pretrial stipulation shall contain;

A. The basis of federal jurisdiction;

B. A concise statement of the nature of the action;

C. A brief general statement of each party=s case;

D. A list of all exhibits to be offered at the trial, noting any objections 

thereto and the grounds for each objection. Any objections not listed will be 

deemed waived. 

E. A list of all witnesses, including rebuttal and expert, intended to be 

called at the trial by each party. Witness addresses must be provided to opposing 

counsel but, in order to comply with applicable privacy policies, shall NOT be 

included in the pretrial stipulation as filed. Expert witnesses shall be labeled as such;

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F. A concise statement of those facts which are admitted and will require 

no proof at trial, together with any reservations directed to such admissions;

G. A concise statement of those issues of law upon which there is 

agreement;

H. A concise statement of those issues of fact which remain to be 

litigated;

I. A concise statement of those issues of law which remain for 

determination by the Court;

J. A concise statement of any disagreement as to the application of rules 

of evidence or of the Federal Rules of Civil Procedure;

K. A list of all motions or other matters which require action by the 

Court;

L. A statement whether this is now a jury or a non-jury case;

M. Counsel=s respective estimates of the length of the trial; and

N. The signature of counsel for all parties.

IV. Papers to be Submitted

No later than the date specified in Paragraph I(C), the parties shall file with 

the Clerk of the Court and the Court:

A. The pretrial stipulation prepared in accordance with Paragraph III of 

this order.

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B. Each side shall submit to the Clerk of the Court for filing, with copies 

to opposing counsel and the Court, a trial brief or memorandum with citation of 

authorities and arguments in support of that side=s position on all disputed issues of 

law.

C. Each party in any jury trial shall submit to the Clerk of Court for filing, 

with copies to the other parties, a complete set of jury instructions, together with 

proposed forms of verdict, and shall e-mail the same to 

flnd_walker@flnd.uscourts.gov in WORD format. Upon good cause shown, 

supplemental requests for instructions may be submitted at any time prior to the 

arguments to the jury. All requests for instructions shall be plainly marked with the 

name and number of the case, shall contain citations of supporting authorities, shall 

designate the party submitting the same, and in the case of multiple requests by a 

party shall be numbered in sequence. 

D. Counsel for each party in any non-jury case shall submit to the clerk 

of the court for filing, with copies to opposing counsel and the Court, proposed 

written findings of fact and conclusions of law, or, in lieu thereof, a proposed opinion 

or memorandum of decision in which such proposed findings of fact and 

conclusions of law appear, with complete citation of authorities where appropriate. 

(See Rule 52, FRCP).

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E. Counsel for each party in any case shall arrange with the clerk for 

marking for identification, as nearly as possible in the sequence proposed to be 

offered, all exhibits intended to be offered by such party.

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V. Conduct of Pretrial Conference

A. Counsel who will conduct the trial are required to be present for the 

pretrial conference. They will be prepared to act with final authority in the resolution 

of all matters. Counsel will be prepared to discuss the prospects of settlement and 

mediation.

B. The court will ordinarily dispose of all motions and other matters then 

at issue. The court will review all matters contained in the pretrial stipulation and 

consider any other matters which may be presented with a view towards simplifying 

the issues and bringing about a just, speedy and inexpensive determination of the 

case.

VI. Pretrial Order

A. Unless the Court orders otherwise at the pretrial conference, counsel 

for all parties, with counsel for plaintiff taking the initiative, shall submit a proposed 

pretrial order for the Court=s approval within ten (10) days after the pretrial 

conference. The pretrial order so prepared shall incorporate and modify the pretrial 

stipulation in light of any additional agreements reached and rulings made at the 

pretrial conference.

B. After the pretrial order is entered by the Court, the pleadings will be 

merged therein and the pretrial order will control the course of the trial and may not 

be amended except by order of the court in the furtherance of justice.

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VII. Newly Discovered Evidence or Witnesses

Except as provided in this paragraph, witnesses not timely listed in the pretrial 

stipulation will not be allowed to testify, and exhibits not timely listed in the pretrial 

stipulation will not be admitted into evidence. If any new witness is discovered after 

submission of the pretrial stipulation, the party desiring to call the witness shall 

immediately file with the clerk and serve on all counsel notice of the witness=s name 

and address and the substance of the witness=s proposed testimony, together with the 

reason for the late discovery. If any new exhibit is discovered after submission of 

pretrial stipulation, the party desiring to use it shall immediately disclose the exhibit 

to the court and all other counsel together with the reason for late discovery. Use of 

such newly-discovered witnesses or evidence shall be allowed only by order of the 

Court in the furtherance of justice.

VIII. Additional Pretrial Conference

If necessary or advisable, the court may adjourn the pretrial conference from 

time to time or may order additional pretrial conferences.

IX. Special Matters

A. No motion for summary judgment or other motion filed after the date 

of this order will be grounds for cancellation or postponement of the pretrial 

conference or non-compliance with any other requirement of this order. The parties 

will be expected to comply with this order as fully and to the same extent as though 

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no such motion had been filed. Absent prior Court approval, a motion for summary 

judgment not served in time to permit the party opposing the same to make its written 

response prior to the pretrial conference will not be heard or considered during that 

pretrial conference. Parties will submit memoranda regarding any such motion to 

the court in accordance with N.D. Fla. Loc. R. 7.1.

Likewise, any motion in limine or other pretrial motion shall be filed no 

later than 15 days prior to the pretrial conference with a response to the motion 

to be filed no later than 5 days thereafter in order to allow consideration of the 

motion at or prior to the pretrial conference. 

B. If the case is settled, it is the responsibility of the parties to see that 

the Court is immediately advised.

C. Should a party or a party=s attorney fail to appear at a pretrial conference 

or otherwise fail to comply with this order, a judgment of dismissal or default or 

other appropriate judgment may be entered, and sanctions or other appropriate relief 

may be imposed.

D. Counsel, as used herein, includes any party who is appearing pro se.

SO ORDERED on December 19, 2022. 

 s/Mark E. Walker 

 Chief United States District Judge

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