UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No. 22-22707-CIV-WILLIAMS

PAYCARGO FINANCE LP,

Plaintiff,

vs.

ASPEN AMERICAN INSURANCE 

COMPANY, et al.,

Defendants.

 /

SCHEDULING ORDER

THIS MATTER is set for trial during the Court’s two-week trial calendar beginning 

on November 20, 2023 before the Honorable Kathleen M. Williams at 400 North Miami 

Avenue, Courtroom 11-3, Miami, Florida. Calendar call will be held at 11:00 a.m. on

November 14, 2023. A request for a pre-trial conference must be filed at least 30 days 

prior to the calendar call. Additionally, counsel are advised that all filings must comply 

fully with the Federal Rules of Civil Procedure, the Local Rules for the Southern District 

of Florida, and this Court's Practices and Procedures, which can be found at: 

http://www.flsd.uscourts.gov/?page_id=13071. 

I. Schedule. The Parties shall adhere to the following schedule:

December 15, 2022 The Parties shall furnish lists with names and 

addresses of fact witnesses in accordance with Rule 

26 of the Federal Rules of Civil Procedure. The Parties 

are under a continuing obligation to supplement 

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discovery responses within ten (10) days of receipt or 

other notice of new or revised information.

January 9, 2023 The Parties shall file motions to amend pleadings or 

join Parties.

February 6, 2023 The Plaintiff shall disclose experts, expert witness 

summaries and reports.

March 6, 2023 The Defendant shall disclose experts, expert witness 

summaries and reports.

April 10, 2023 The Parties shall exchange rebuttal expert witness 

summaries and reports.

May 10, 2023 The Parties shall complete all discovery, including 

expert discovery.

June 5, 2023 The Parties shall complete mediation and file a 

mediation report with the Court.

June 20, 2023 The Parties shall file all dispositive pre-trial motions 

and memoranda of law. The Parties shall also file any 

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motions to strike or exclude expert testimony, whether 

based on Federal Rule of Evidence 702 and Daubert 

v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 

(1993), or any other basis.

August 28, 2023 The Parties shall each file one motion in limine in 

accordance with Section IV below. All motions in limine

must be filed at least six weeks before calendar call. 

September 18, 2023 The Parties shall file a joint pre-trial stipulation, exhibit 

lists, and witness lists in accordance with Local Rule 

16.1(d) and (e) and Section V below. The Parties shall 

also file proposed jury instructions and a proposed 

verdict form, or statement of fact and conclusions of 

law (for non-jury trials) in accordance with Section VI 

below.

September 25, 2023 The Parties shall file their deposition designations in 

accordance with Section VII below.

II. Mediation. Within thirty (30) days of the date of this Order, the Parties shall: 

select a mediator certified under Local Rule 16.2(b); schedule a time, date, and 

place for mediation; and jointly file a notice scheduling mediation as shown on 

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the Sample Form Order Scheduling Mediation found in the Forms located on 

the Court’s website. If the Parties cannot agree on a mediator, they shall notify 

the Clerk in writing immediately, and the Clerk shall designate a certified 

mediator on a blind rotation basis. Counsel for all Parties shall familiarize 

themselves with, and adhere to, all provisions of Local Rule 16.2. 

The Court will not enter an order scheduling mediation after the notice is 

filed. Instead, the Parties’ notice scheduling mediation shall bind the Parties in 

lieu of a Court order. The Parties’ mediation date shall not be rescheduled 

without leave of Court. The parties are responsible for ensuring that within 

three business days of the mediation, a mediation report is filed, indicating 

whether the case settled (in full or in part), was continued with the consent of 

the parties, or whether the mediator declared an impasse.

III. Motions. Strict compliance with the Local Rules is expected with regard to 

motion practice. See Local Rule 7.1. For example, when filing non-dispositive 

motions, the moving Party shall submit a proposed order in Word format via 

email to chambers at Williams@flsd.uscourts.gov. Local Rule 7.1(a)(2). 

Counsel for the moving party must also confer, or make a reasonable effort to 

confer, before filing certain motions, as required by Local Rule 7.1(a)(3). 

All motions and attachments to motions are required to be filed in a text 

searchable format pursuant to CM/ECF Administrative Procedure 3G(5).

Strict compliance with the Local Rules is also expected with regard to 

motions for summary judgment. See Local Rule 56.1. For example, the 

moving Party must contemporaneously file a statement of undisputed material 

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facts, delineating by number each material fact, supported with specific 

citations to the record (Docket Entry, Exhibit, Page Number(s)). The 

opposing Party must file contemporaneously with its opposition a response to 

the statement of material facts, which shall respond by corresponding number 

to each of the moving Party’s statement of material facts. Local Rule 56.1(a). 

The opposing Party shall state, based on citations to the record, whether 

each fact is disputed or undisputed. If the fact is disputed, the opposing Party 

shall state why the dispute is a material one. “All material facts set forth in the 

movant’s statement . . . will be deemed admitted unless controverted by the 

opposing party’s statement, provided that the Court finds that the movant’s 

statement is supported by evidence in the record.” Local Rule 56.1(b). These 

procedures shall also apply to the moving Party when responding to any 

additional facts set forth in the opposing Party’s statement of material facts.

The Parties may stipulate to extend the time to answer interrogatories, 

produce documents and answer requests for admission. The Parties shall not 

file with the Court notices or motions memorializing any such stipulation unless 

the stipulation interferes with the time set for completing discovery, for hearing 

a motion, or for trial. Such stipulations may be made only with the Court’s 

approval. See Fed. R. Civ. P. 29. In addition to the documents enumerated in 

Local Rule 26.1(b), the Parties shall not file notices of deposition with the Court.

Any Party seeking to make a filing under seal shall comply with Local Rule 

5.4. The Parties cannot override the requirements of that Rule through a joint 

protective order.

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Any party seeking to change any of the above deadlines must file a Motion 

to Continue or Motion for Extension of Time. Pursuant to this Court’s Practices 

and Procedures, “[a]bsent an emergency, requests for extensions of time must 

be presented to the Court, by motion, no later than 48 hours prior to the 

deadline from which the Parties are seeking relief. Sanctions may be imposed 

for non-emergent requests made less than 48 hours prior to the deadline.” The 

Court will not accept notices of unavailability, and any filed will not be construed 

as motions to continue or otherwise operate to change the Court’s schedule in 

any way.

IV. Motions in Limine. The Parties may each submit only one (1) motion in limine

that identifies up to ten (10) evidentiary issues they seek to raise to the Court. 

The motion may not exceed twenty (20) pages in length. Each evidentiary 

issue must be numbered, and must specifically identify the evidence sought to 

be excluded or included at trial, with citations to legal authority supporting the 

evidentiary ruling requested. The opposing party's responses in opposition to 

the motions in limine shall correspond with the order and with the numbering 

scheme used by the movant. Any reply from the movant must also correspond 

with the order and numbering used in the movant’s initial motion. 

Prior to filing a motion in limine, the Parties must meet and confer regarding 

each evidentiary issue they intend to raise, and certify that they met and 

conferred in accordance with Local Rule 7.1(a)(3). The Parties may only 

present those evidentiary issues that remain contested in their respective 

motions in limine. 

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V. Pre-Trial Stipulation, Exhibit Lists, and Witness Lists. The Parties’ joint pre-trial 

stipulation, exhibit lists, and witness lists must be submitted in accordance with 

Local Rule 16.1(d) and (e). The Parties must submit their witness lists in the 

format provided in Attachment A, and their exhibit lists in the format provided 

in Attachment B. The witness lists shall include only those witnesses the 

Parties actually intend to call at trial. In the description for each witness, the 

Party shall include a brief synopsis of the witness’s testimony, the exhibits that 

the Party intends to introduce through the witness, and, in consultation with 

opposing counsel, the estimated time needed for direct and cross examination. 

The total estimated time for witness testimony may not exceed the Parties’ 

estimated time for trial, as specified in the pretrial stipulation. The exhibit lists 

shall identify each witness that will introduce each exhibit. The Parties must 

identify each exhibit with particularity and may not include multiple documents 

or categories of unspecified documents as a single exhibit; composite exhibits 

should be identified by using the main exhibit’s number and an appropriate

suffix to identify the composite portions of the exhibit. 

VI. Jury Instructions or Statement of Fact and Conclusions of Law (for Non-Jury 

Trials). Joint proposed jury instructions or statement of fact and conclusions of 

law (for non-jury trials) shall outline: 1) the legal elements of Plaintiff’s claims, 

including damages; and 2) the legal elements of the defenses that are raised. 

The Parties shall submit proposed jury instructions jointly, though they need 

not agree on each and every instruction. If the Parties do not agree on a 

proposed instruction, the language proposed by plaintiff shall be underlined and 

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the language proposed by defendant shall be italicized. Every instruction must 

be supported by a citation of authority. The Parties shall use the Eleventh 

Circuit Pattern Jury Instruction for Civil Cases, including the directions to 

counsel. If a deviation from the Pattern is requested, the parties shall 

specifically provide a citation of authority supporting the deviation. In addition 

to filing their proposed instructions and verdict form on the docket, the Parties 

shall also submit their proposed instructions and verdict form via email in Word 

format to chambers at Williams@flsd.uscourts.gov. 

VII. Deposition Designations. For each unavailable witness, the Parties shall 

confer and submit a joint deposition designation. The party offering the 

testimony shall select a color and highlight the pages and lines which they wish 

to introduce. The non-introducing party shall then underline in red the portions 

of the designated testimony objected to and in the margins indicate the basis 

for the objection (i.e., irrelevant, hearsay, etc.). The non-introducing party shall 

also select a color and submit to the Court those additional pages and lines 

that they deem counter designated. In turn, the introducing party shall 

underline in red the portions of the counter-designated testimony objected to 

and indicate in the margins the basis for their objection. 

VIII. Settlement. If the case settles in whole or in part, counsel must inform the 

Court immediately by filing a notice of settlement and promptly thereafter filing 

a joint stipulation of dismissal.

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DONE AND ORDERED in Chambers in Miami, Florida, this 5th day of December,

2022.

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ATTACHMENT A

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No. XX-XXXXX-CIV-WILLIAMS

PARTY NAME,

Plaintiff(s),

vs.

PARTY NAME,

Defendant(s).

___________________/

[PARTY’S] WITNESS LIST

PRESIDING JUDGE: 

Hon. Kathleen M. Williams

PLAINTIFF’S 

ATTORNEY

DEFENDANT’S 

ATTORNEY

TRIAL DATE(S): COURT REPORTER COURTROOM DEPUTY

PL

F.

NO

.

DEF

.

NO.

LIVE or BY 

DEPOSITI

ON

DIREC

T 

(est.)

CROS

S

(est.)

ADDRESS DESCRIPTION OF WITNESS EXHIBIT(

S)

Case 1:22-cv-22707-KMW Document 22 Entered on FLSD Docket 12/06/2022 Page 10 of 11
ATTACHMENT B

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No. XX-XXXXX-CIV-WILLIAMS

PARTY NAME,

Plaintiff(s),

vs.

PARTY NAME,

Defendant(s).

___________________/

[PARTY’S] EXHIBIT LIST

PRESIDING JUDGE: 

Hon. Kathleen M. Williams

PLAINTIFF’S 

ATTORNEY

DEFENDANT’S 

ATTORNEY

TRIAL DATE(S): COURT 

REPORTER

COURTROOM 

DEPUTY

PLF.

NO.

DEF.

NO.

DATE 

OFFERED

OBJECTIONS MARKED ADMITTED DESCRIPTION OF EXHIBITS WITNESS

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