UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

WEST PALM BEACH DIVISION

CASE NO. 22-81293-CIV-CANNON/Reinhart

ISLAND IP ACQUISITIONS, LLC,

 

Plaintiff, 

v. 

SPENCER ANTLE, et al., 

Defendants.

_______________________________/ 

ORDER SETTING TRIAL, SETTING PRE-TRIAL DEADLINES, 

AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE

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

July 15, 2024, at 9:00 a.m. Counsel for all parties shall appear at a combined pretrial conference 

and calendar call on Tuesday, July 9, 2024, at 1:45 p.m. Motions to Bring Electronic Equipment 

into the Courtroom must be filed one week in advance of the relevant hearing and must describe 

with specificity the electronic equipment intended for use in the courtroom. Unless instructed 

otherwise by subsequent order, the trial and all other proceedings in this case shall be conducted 

at the Alto Lee Adams, Sr. United States Courthouse, 101 South U.S. Highway 1, Courtroom 4008, 

Fort Pierce, Florida 34950. The parties shall adhere to the following schedule:

June 26, 2023. The parties shall select a mediator pursuant to Local Rule 16.2, shall 

schedule a time, date and place for mediation, and shall jointly file a proposed notice 

scheduling mediation along with an attached proposed order scheduling mediation in the 

form specified on the Court’s website, http://www.flsd.uscourts.gov. The joint notice and 

the proposed order must indicate the time, date, and place for mediation, along with 

the name of the selected mediator. Mediation must take place in person. If the parties 

cannot agree on a mediator, they shall notify the Clerk in writing as soon as possible, 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. 

Pursuant to the procedures outlined in the CM/ECF Administrative Procedures, the 

proposed order is to be emailed to cannon@flsd.uscourts.gov in Word format. 

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July 20, 2023. The parties shall file motions to amend pleadings or join additional parties.

February 22, 2024. The parties exchange expert witness summaries or reports.

March 7, 2024. The parties exchange rebuttal expert witness summaries or reports.

March 21, 2024. All discovery, including expert discovery, shall be completed. 

March 29, 2024. The parties must have completed mediation and filed a mediation report. 

Within five (5) days of mediation, the parties are required to file a mediation report with 

the Court. The mediation report shall indicate when and where the mediation was 

conducted; the name of the mediator; who attended the mediation; whether the case 

settled (in full or in part); whether it was adjourned; or whether the mediator 

declared an impasse. If mediation is not conducted in accordance with the Court’s 

Orders and the Local Rules, the case may be stricken from the trial calendar, and 

other sanctions may be imposed.

April 15, 2024. The parties shall file all pre-trial motions, including motions for summary 

judgment, and Daubert motions. Each party is limited to filing one Daubert motion. If 

a party cannot address all evidentiary issues in a 20-page memorandum, it must petition 

the Court for leave to include additional pages. The parties are reminded that Daubert

motions must contain the Local Rule 7.1(a)(3) certification. The parties are directed to 

review the Court’s procedure for the filing of summary judgment motions (set out 

below). 

June 14, 2024. The parties shall file the following materials:

(1) a joint pre-trial stipulation pursuant to Local Rule 16.1(e); 

(2) a joint exhibit list and a joint trial plan in accordance with the Court’s templates 

available at https://www.flsd.uscourts.gov/content/judge-aileen-m-cannon (under 

“Civil Procedures” tab); 

(3) individually filed witness lists and deposition designations (and objections thereto 

and counter designations); 

(4) joint proposed jury instructions and verdict form in accordance with the instructions 

below [or proposed findings of fact and conclusions of law, as applicable]; and 

(5) any motions in limine (other than Daubert motions). Each party is limited to 

filing one motion in limine, which may not, without leave of Court, exceed the 

page limits allowed by the Rules. The parties are reminded that motions in 

limine must contain the Local Rule 7.1(a)(3) certification. 

Jury Instructions and Verdict Form. Although they need not agree on each proposed 

instruction, the parties shall file their proposed jury instructions and verdict form, including 

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substantive charges and defenses, in a single joint filing on CM/ECF. Where the parties do not 

agree on a proposed instruction, that instruction shall be set forth in bold type. Instructions 

proposed only by a plaintiff shall be underlined. Instructions proposed only by a defendant shall 

be italicized. Every instruction must be supported by citation to authority. The parties shall use 

as a guide the Eleventh Circuit Pattern Jury Instructions for Civil Cases, including the directions 

to counsel contained therein. The parties’ jury instructions should identify, as to each proposed 

jury instruction, whether the proposed language conforms to the Eleventh Circuit Pattern Jury 

Instructions. If a proposed instruction deviates from the Pattern Jury Instructions in any respect, 

such alteration should be made clear in the filing with a supporting explanation. For instructions 

on filing proposed documents, please see http://www.flsd.uscourts.gov. In addition to filing the 

joint jury instructions and verdict form on CM/ECF, the parties shall submit that filing, in Word 

format, via e-mail to cannon@flsd.uscourts.gov, by the specified deadline set forth above. 

 Referral to Magistrate Judge. Pursuant to 28 U.S.C. § 636 and this District’s Magistrate 

Judge Rules, the above-captioned cause is referred to United States Magistrate Judge Bruce E. 

Reinhart for appropriate disposition of all pro hac vice motions, motions to withdraw and/or 

substitute counsel, and pretrial motions related to discovery. The undersigned also refers to Judge 

Reinhart the authority to permit an amendment to a pleading. If any party accepts the opportunity 

to amend a pleading from Judge Reinhart, the undersigned will deem any pending motion to 

dismiss (or motion to strike) the pleading as moot. Furthermore, in accordance with 28 U.S.C. 

§ 636(c)(1), the parties may consent to trial and final disposition by Judge Reinhart. The deadline 

for filing a consent is April 15, 2024. Any such consent must be joint among all parties.

Good Faith Conferral. For the purposes of compliance with the good faith conferral 

requirement of Local Rule 7.1(a)(3), the parties are instructed that a minimal e-mail exchange with 

opposing counsel shall not constitute a good faith effort under the Local Rules. The parties are 

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instructed to confer either telephonically or in person. 

Discovery. The parties may stipulate to extend the time to answer interrogatories, produce 

documents, and answer requests for admissions. The parties shall not file with the Court notices 

or motions memorializing any such stipulation unless the stipulation interferes with the deadlines 

set forth above. Stipulations that would so interfere may be entered into 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. Strict compliance with the Local 

Rules is expected, particularly with respect to motions practice. See S.D. Fla. L.R. 7.1. 

Discovery Disputes. Prior to filing any discovery motion, counsel must actually confer

and engage in reasonable compromise in a genuine effort to resolve their discovery disputes before 

seeking the Court’s intervention. The Court may impose sanctions, monetary or otherwise, if it 

determines that a party has improperly sought or withheld discoverable material in bad faith. If, 

after conferring, the parties are unable to resolve their discovery dispute without Court 

intervention, they shall follow Judge Reinhart’s standard discovery procedures in bringing their 

dispute to the attention of the Court. Should the parties have any questions regarding the resolution 

of discovery issues, counsel should contact the chambers of Judge Reinhart at (561) 514-3710. 

Summary Judgment. In addition to filing a Statement of Material Facts as required under 

Local Rule 56.1(a)–(b), the parties also shall file a Joint Statement of Undisputed Facts, which 

must include all relevant facts about which there is no material dispute. Each undisputed fact 

shall be numbered individually and separated by paragraph. It is imperative that each fact 

in a Statement of Material Facts (or in a response, reply, or joint statement) be accompanied 

by a particularized pinpoint citation to material in the record pursuant to Local Rule 56.1(b).

If the supporting material is not in the record, the materials shall be attached to the statement as 

exhibits specifically titled within the CM/ECF system, and reference to a previously filed exhibit 

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shall use the “ECF No.” format. All statements of material fact are limited to 10 pages, see Local 

Rule 56.1(b)(1)(A), and any requests for leave to include additional pages must be filed as a written 

motion for prior Court approval. The parties are reminded to consult Local Rule 56.1 to ensure 

compliance with the form and content of Statements of Material Fact. 

Trial Exhibits. All trial exhibits must be pre-marked. The Plaintiffs’ exhibits must be 

marked numerically with the letter “P” as a prefix; the Defendants’ exhibits must be marked 

numerically with the letter “D” as a prefix. The parties must submit a list setting out all exhibits 

in accordance with the Joint Exhibit List template referenced above. Counsel should take care to 

ensure that exhibits are not compound ‒ that is, that each document, to the extent practicable, is 

identified and marked individually. 

Additionally, no later than the first day of trial, all parties are to provide the Court 

with tabbed binders containing copies of all proposed exhibits. The binder should also include 

an exhibit list and a witness list.

Voir Dire Questions. The Court will require each prospective juror to complete a brief 

written questionnaire prior to the commencement of questioning in the courtroom. Any party may 

submit up to five proposed, case-specific questions to be included in the questionnaire. The 

proposed questions must be filed with the Court at the time of the filing of the joint pretrial 

stipulation and must also be submitted to the Court, in Word format, via e-mail to 

cannon@flsd.uscourts.gov. The Court will begin voir dire by questioning the venire individually 

and as a whole and will consider permitting limited attorney-directed voir dire thereafter. The 

Court will not permit the backstriking of jurors. 

Settlement Notification. If this matter is settled, counsel shall promptly file a Notice of 

Settlement on CM/ECF. The Notice of Settlement must be filed and served jointly by counsel 

for all parties to the settlement. See S.D. Fla. L.R. 16.4. In addition to filing a Notice of 

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Settlement, counsel shall promptly inform the Court via telephone (772-467-2340) and/or e-mail 

(cannon@flsd.uscourts.gov). 

Form of Filings. All filings should be prepared using 12-point Times New Roman 

typeface that is double-spaced and fully justified. This Notice does not supplant the requirements 

and provisions of Local Rule 7.1(c). 

Joint Filings. Multiple Plaintiffs or Defendants shall file joint motions with co-parties 

unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the 

conflicts in their separate motions.

Extensions of Time. Any motion for a continuance or extension shall set forth in detail 

the basis for such a request and be filed sufficiently in advance of the deadline at issue to 

permit the Court to consider the motion. Moreover, the filing by counsel of a “Notice of 

Unavailability” will be stricken without further notice. Such notices are not provided for under 

the local rules and shall not be presumed to modify or alter the Court’s scheduling order. 

Duty to Comply. Failure to comply with this or any order of this Court, the Local Rules, 

or any other applicable rule may result in appropriate sanctions, including dismissal without 

prejudice or the entry of a default, without further notice. It is the duty of all counsel and pro se 

litigants to enforce the timetable set forth in this Order to ensure an expeditious resolution of this 

cause.

DONE AND ORDERED in Chambers at Fort Pierce, Florida, this 5th day of June 2023.

 

 _________________________________ 

 AILEEN M. CANNON

UNITED STATES DISTRICT JUDGE

cc: counsel of record 

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