UNITED STATES DISTRICT COURT FOR THE

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION 

Case Number: 22-23355-CIV-MARTINEZ-BECERRA

PALMETTO EKG & ECHO READERS,

PROFESSIONAL ASSOCIATION, a

Florida Corporation (o/b/o Member # 

U0536350801), 

Plaintiff,

v. 

CIGNA HEALTHCARE OF FLORIDA,

INC., a Florida corporation, 

Defendant.

 / 

 

ORDER SETTING CIVIL TRIAL DATE AND PRETRIAL

SCHEDULE, REQUIRING MEDIATION, AND REFERRING

CERTAIN MOTIONS TO MAGISTRATE JUDGE

 Trial is scheduled to commence during the two-week period beginning Monday, October 

23, 2023, at 9:30 a.m., before Jose E. Martinez, United States District Judge, 400 N. Miami Ave., 

Courtroom 10-1, Miami, Florida 33128. Calendar Call will be held on Thursday, October 19, 

2023, at 1:30 p.m., at the same location.

IT IS ORDERED AND ADJUDGED as follows: 

General Procedures

1. No pretrial conference shall be held in this action unless the Court determines that 

a pretrial conference is necessary. Should a pretrial conference be set, the compliance deadlines as 

set forth in the remainder of this Order shall remain unaltered.

2. Every motion filed in this case shall be accompanied by a proposed order granting 

the motion. The proposed order shall be filed as an exhibit to the motion and e-mailed to 

martinez@flsd.uscourts.gov in Word format.

3. The parties have a continuing duty to ensure the Clerk of the Court is provided with 

the up-to-date service information. 

4. If the case is settled, the parties are directed to immediately inform the Court at 

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(305) 523-5590 and file a notice of settlement.

Conferral Report

5. The Court does not hold a Federal Rule of Civil Procedure 26(f) Scheduling 

Conference. Instead, within 21 days of this Order, Counsel for the parties and pro se litigants 

shall meet in person to confer regarding scheduling. At this meeting, the parties shall comply with 

the agenda set forth in Local Rule 16.1(b) and file a Conferral Report no later than 14 days after 

the meeting. The parties are not required to file a Joint Proposed Scheduling Order at this time. 

6. The Conferral Report shall include all information required by subsections (A), (B), 

and (D) through (K) of Local Rule 16.1(b)(2). In addition to that information, the report shall 

include the following: (1) whether the trial will be jury or non-jury; (2) an outline of the legal 

elements of each claim and defense raised by the pleadings (the parties are advised that this section 

shall not be a summary of allegations, but should be modeled on pattern substantive jury 

instructions applicable in this Court); (3) a good-faith estimate of the specific dollar valuation of 

actual damages and other relief at issue; and (4) the need for variance from the discovery 

limitations imposed by Local Rule and/or the Federal Rules of Civil Procedure, including the 

grounds supporting the requested variance. Unilateral submissions are prohibited. 

Magistrate Jurisdiction Election Form

7. As part of the Conferral Report, the parties shall jointly complete and file with the 

Court the Magistrate Judge Jurisdiction Election Form appended to this Order as Attachment A. 

The Court will not accept unilateral submissions in this regard; thus, a “Yes” should be checked 

only if all parties agree. 

8. If the parties consent to a full disposition of the case by the Magistrate Judge, 

including trial and entry of final judgment, the parties shall jointly file the election form appended 

to this Order as Attachment B. 

Discovery

9. Discovery in this case shall be conducted in accordance with the Federal Rules of 

Civil Procedure and Southern District of Florida Local Rules, except the deadlines under Local 

Rules 16.1(d), (e), (h), (j), (k), and (l) may be modified by further order of the Court. 

10. Pursuant to 28 U.S.C. § 636, all discovery motions and all motions that relate 

directly to these motions, such as motions for extension of time, motions for reconsideration, 

motions for sanctions, and motions for mental or physical examinations, are referred to United 

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States Magistrate Judge Jacqueline Becerra to take all appropriate action. 

11. This Order does not refer any motion that requests a continuance or extension of a 

deadline set by this Court. The parties are responsible for indicating the name of the Magistrate 

Judge on all motions and related papers referred by this order in the case number caption and to 

comply with Magistrate Judge Becerra’s Discovery Procedures Order. Particularly, the parties 

shall not file any written discovery motions without the consent of Magistrate Judge Becerra. 

12. 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 time set 

for completing discovery, hearing a motion, or trial. Stipulations that would so interfere may be 

made only with the Court’s approval. 

Certificate of Interested Parties and Corporate Disclosure Statement

13. Each party shall file a Certificate of Interested Parties and Corporate Disclosure 

Statement by the later of (a) 15 days from the date of this order; or (b) if a party has not appeared 

in the case as of the date of this order, then such party may have until 15 days from the date of 

such party’s initial appearance. 

14. The Certificate of Interested Persons and Disclosure Statement, which shall contain 

a complete list of persons, associated persons, firms, partnerships or corporations that have a 

financial interest in the outcome of this case, including all subsidiaries, conglomerates, affiliates, 

parent corporations, and other identifiable legal entities related to a party. At a minimum, this list 

should include the parties and any counsel that have appeared in this case. Next to each name 

should be the reason why such person or entity has a financial interest in the outcome of this case.

For example, ABC Law Firm: counsel for Plaintiff XYZ Corporation. 

15. Throughout the pendency of this action, the parties shall be under a continuing duty 

to amend, correct, and update the Certificate. The parties shall not include the names of the 

assigned District Judge and Magistrate Judge, merely by virtue of this case being assigned to them. 

Mediation

16. Mediation is required in accordance with the deadline set forth below. The parties 

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

mediation. It is not necessary for the parties to file a motion requesting the Court to enter an 

order scheduling the mediation. If the parties cannot agree on a mediator, they shall notify the 

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Clerk in writing as soon as possible, and the Clerk shall designate a certified mediator on a blindrotation basis. 

17. The parties shall notify the Court of the results of the mediation (e.g., settled, 

impasse, or adjourned to continue discussions) within five days of the conclusion of the 

mediation. 

Trial Procedures

18. As the trial date approaches, the Court will issue an Order on Trial Procedures

outlining additional instructions on the use of depositions at trial, exhibits, and witness lists. 

19. Counsel and all pro se litigants must meet to confer on the preparation of a joint 

pretrial stipulation, which must be filed by the deadline set forth below. The stipulation shall 

conform to Local Rule 16.1(e) and include a joint, neutral summary of the claims and defenses in 

the case, not to exceed one short paragraph per litigant claim, to be read as an introduction for voir 

dire examination. The Court will not accept unilateral pretrial stipulations and will sua sponte 

strike any such submissions. Should any of the parties fail to cooperate in the preparation of the 

joint pretrial stipulation, all other parties shall file a certification with the Court stating the 

circumstances. 

20. The parties shall file joint proposed jury instructions and/or proposed findings of 

fact and conclusions of law by the deadline set forth below. A Word version copy of the joint 

proposed jury instructions and verdict form or the proposed findings of fact and conclusions of 

law shall be e-mailed to martinez@flsd.uscourts.gov at the time of filing. 

Jury Trials 

21. The parties shall file a joint set of proposed jury instructions and a joint 

proposed verdict form in accordance with the deadline set forth below. In preparing proposed 

jury instructions, the parties shall utilize as a guide the Pattern Jury Instructions for Civil Cases 

approved by the United States Eleventh Circuit, including the Directions to Counsel contained 

therein. Instructions and questions proposed only by the plaintiff(s) to which the defendant(s) 

object shall be italicized. Instructions and questions proposed only by the defendant(s) to which 

the plaintiff(s) object shall be boldfaced. Each jury instruction shall be typed on a separate sheet 

and must be supported by citations of authority. Each disputed jury instruction shall also state the 

legal basis for the objection(s) with citations to authority.

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Bench Trials

22. Each party shall file proposed findings of fact and conclusions of law in accordance 

with the deadline set forth below. Proposed findings of fact shall be supported by citations to the 

documentary evidence, if applicable. Conclusions of law shall be supported by citations of 

authority. Copies of each party’s proposed findings of fact and conclusions of law in Word format 

shall be e-mailed to martinez@flsd.uscourts.gov at the time of filing.

SCHEDULING ORDER

The following timetable shall govern the pretrial procedures in this case. This schedule 

shall not be modified absent compelling circumstances. All motions for enlargement of time of 

any deadlines set forth below must include a statement as to whether the requested extension will 

affect the trial date or any other deadline set forth in this timetable. Failure to include such a 

statement may be grounds for denial of the motion. 

2-27-2023 Motions to join additional parties, amend the complaint, and class 

certification.

3-27-2023 Parties shall exchange expert witness summaries and reports.

4-6-2023 Parties shall exchange written lists containing the names and addresses of 

all witnesses intended to be called at trial and only those witnesses listed 

shall be permitted to testify.

4-26-2023 Parties exchange rebuttal expert witness summaries and reports.

6-15-2023 All discovery, including expert discovery, shall be completed.

6-26-2023 A mediator must be selected.

7-17-2023 All Daubert, summary judgment, and other dispositive motions must be 

filed. Each party is limited to filing a single Daubert motion of no more than 

20 pages. Summary judgment motions, in addition to containing a Statement 

of Material Facts pursuant to Local Rule 56.1(a), shall be accompanied by a 

separately-filed Joint Statement of Undisputed Fact, which must include all 

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

shall be individually numbered and separated by paragraphs. This filing is 

limited to 10 pages and does not otherwise change the parties’ obligation to 

comply with Local Rule 56.1.

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Note: If there are any unresolved discovery disputes pending fifteen days 

prior to this date, the moving party shall immediately advise the Court of all 

such unresolved disputes together with their status.

8-24-2023 Mediation shall be completed.

9-8-2023 All pretrial motions and memoranda of law must be filed. Each party is 

limited to filing a single motion in limine, which may not, without leave of 

Court, exceed the 20-page limit allowed by the Rules.

9-25-2023 Joint Pretrial Stipulation must be filed.

10-16-2023 Proposed jury instructions and/or proposed findings of fact and conclusions 

of law must be filed.

10-18-2023 Proposed voir dire questions must be filed.

Failure to comply with this or any order of this Court, the Local Rules, or any other 

applicable rule may result in 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 here to 

ensure an expeditious resolution of this matter. 

DONE AND ORDERED in Chambers at Miami, Florida, this 17th day of October, 2022. 

 

____________________________________ 

Copies provided to: JOSE E. MARTINEZ

Magistrate Judge Becerra UNITED STATES DISTRICT JUDGE

All Counsel of Record

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[Attachment A]

UNITED STATES DISTRICT COURT FOR THE

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

Case Number: -CIV-MARTINEZ

, 

Plaintiff,

v.

, 

Defendant.

_____________________________________/ 

ELECTION TO JURISDICTION BY A UNITED STATES

MAGISTRATE JUDGE FOR FINAL DISPOSITION OF MOTIONS

 In accordance with the provisions of 28 U.S.C. §636(c), the undersigned parties to the abovecaptioned civil matter hereby jointly and voluntarily elect to have a United States Magistrate Judge 

decide the following motions and issue a final order or judgment with respect thereto: 

1. Motions for Costs Yes _____ No _____ 

2. Motions for Attorney’s Fees Yes _____ No _____ 

3. Motions for Sanctions Yes _____ No _____ 

4. Motions to Dismiss Yes _____ No _____ 

5. Motions for Summary Judgment Yes _____ No _____ 

6. Discovery Yes _____ No _____ 

7. Other (specify) _______________________________________ 

 

 

 ____________ ________________________________________ 

(Date) (Signature--Plaintiff’s Counsel) 

 ____________ ________________________________________ 

(Date) (Signature--Defendant’s Counsel) 

Case 1:22-cv-23355-JEM Document 4 Entered on FLSD Docket 10/18/2022 Page 7 of 8
[Attachment B]

UNITED STATES DISTRICT COURT FOR THE

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

Case Number: -CIV-MARTINEZ

, 

Plaintiff,

v.

, 

Defendant.

_____________________________________/ 

ELECTION TO JURISDICTION BY A

UNITED STATES MAGISTRATE JUDGE FOR TRIAL

In accordance with the provisions of 28 U.S.C. §636(c), the undersigned parties to the abovecaptioned civil matter hereby jointly and voluntarily elect to have a United States Magistrate Judge 

conduct any and all further proceedings in the case, including trial, and entry of final judgment with 

respect thereto.

 ____________ __________________________________ 

(Date) (Signature--Plaintiff’s Counsel) 

 ____________ __________________________________ 

(Date) (Signature--Defendant’s Counsel) 

 

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