UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No. 22-cv-23695-BLOOM/ Otazo-Reyes

PELAYO DURAN, 

Plaintiff, 

v. 

EQUIFAX INFORMATION SERVICES INC, 

EXPERIAN INFORMATION SOLUTIONS INC,

TRANS UNION LLC,

NAVIENT SOLUTIONS LLC,

Defendants. 

__________________________________________/ 

ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING

MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE

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

January 16, 2024, at 9:00 a.m. Calendar call will be held at 1:45 p.m. on Tuesday, January 9, 

2024. No pre-trial conference will be held unless a party requests one at a later date and the Court 

determines that one is necessary. Unless instructed otherwise by subsequent order, the trial and all 

other proceedings in this case shall be conducted in Courtroom 10-2 at the Wilkie D. Ferguson, 

Jr. United States Courthouse, 400 North Miami Avenue, Miami, FL 33128. The parties shall 

adhere to the following schedule: 

December 27, 2022 Parties exchange initial disclosures pursuant to Fed. R. Civ. P. 26(a)(1). 

The parties are reminded that pursuant to S.D. Fla. L.R. 26.1(b), initial 

disclosures shall not be filed with the Court unless an exception noted in 

the Local Rules applies.

January 3, 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 

notice, and proposed order scheduling mediation via CM/ECF in the 

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

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

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

three (3) days of mediation, the parties are required to file a mediation 

report with the Court. Pursuant to the procedures outlined in the CM/ECF 

Administrative Procedures, the proposed order is also to be emailed to 

bloom@flsd.uscourts.gov in Word format.

February 10, 2023 All motions to amend pleadings or join parties are filed.

August 22, 2023 Parties disclose experts and exchange expert witness summaries or 

reports.

September 5, 2023 Parties exchange rebuttal expert witness summaries or reports.

September 19, 2023 All discovery, including expert discovery, is completed.

October 3, 2023 Parties must have completed mediation and filed a mediation report.

October 11, 2023 All pre-trial motions, motions in limine, and Daubert motions (which 

include motions to strike experts) are filed. This deadline includes all 

dispositive motions. 

January 1, 2024 Parties submit joint pre-trial stipulation in accordance with Local Rule 

16.1(e), proposed jury instructions and verdict form, or proposed findings 

of fact and conclusions of law, as applicable.

Motions in limine. Each party is limited to filing one motion in limine. If all evidentiary 

issues cannot be addressed in a 20-page memorandum, leave to exceed the page limit will be 

granted. The parties are reminded that motions in limine must contain the Local Rule 

7.1(a)(3) certification. 

Daubert Motions. Each party is limited to filing one Daubert motion. If all evidentiary 

issues cannot be addressed in a 20-page memorandum, leave to exceed the page limit will be 

granted. The parties are reminded that Daubert motions must contain the Local Rule 7.1(a)(3) 

certification. 

Summary Judgment Motions. The parties are reminded that strict compliance with Local 

Rule 56.1 is mandated. Pursuant to Local Rule 56.1(b), a statement of material facts must be 

supported by specific references to pleadings, depositions, answers to interrogatories, admissions, 

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and affidavits on file with the Court. In the event a responding party fails to controvert a movant’s 

supported material facts in an opposing statement of material facts, the movant’s material facts 

will be deemed admitted. Local Rule 56.1(c). In the interest of judicial economy, in the interest of 

proper and careful consideration of each party’s statement of material facts, and in the interest of

determining matters on summary judgment on the merits, the Court orders as follows:

1. Each exhibit referenced in the motion for summary judgment and/or in the 

statement of material facts must be filed on the docket. Exhibits which have already 

been filed on the docket need not be refiled. If a deposition transcript is referenced, 

a complete copy must be filed which includes all exhibits. Within twenty-four 

(24) hours of filing a motion for summary judgment, the movant shall separately 

file an index of the cited exhibits which names each exhibit and references the 

docket entry at which that exhibit may be found. 

2. Each exhibit referenced in the response to the motion for summary judgment and/or 

in the opposing statement of material facts must be filed on the docket. Exhibits 

which have already been filed on the docket need not be refiled. If a deposition 

transcript is relied upon, a complete copy must be filed which includes all exhibits. 

Within twenty-four (24) hours of filing a response to the motion for summary 

judgment, the responding party shall separately file an index of the cited exhibits 

which names each exhibit and references the docket entry at which that exhibit may 

be found. 

3. In the event that cross motions for summary judgment are filed, the Court may 

order the parties to submit a consolidated statement of material facts and responses 

as appropriate. If cross motions are anticipated, the parties may jointly move for an 

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order to file consolidated statements prior to filing the motions for summary 

judgment. 

Jury Instructions and Verdict Form (if applicable). The parties shall submit their 

proposed jury instructions and verdict form jointly, although they need not agree on each proposed 

instruction. 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. Proposed jury instructions and verdict 

form, in typed form, including substantive charges and defenses, shall be submitted to the Court 

prior to calendar call, in Word format, via e-mail to bloom@flsd.uscourts.gov. Instructions for 

filing proposed documents may be viewed at http://www.flsd.uscourts.gov. 

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

Judge Rules, all discovery matters are referred to Judge Alicia M. Otazo-Reyes. Furthermore, 

pursuant to 28 U.S.C. § 636(c)(1), the parties may consent to trial and final disposition by Judge 

Otazo-Reyes. The deadline for submitting consent is October 11, 2023.

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 made only with the Court’s approval. 

See Fed. R. Civ. P. 29. To the extent not abrogated or contradicted by this Order, all agreements 

and stipulations entered into between the parties prior to this Order continue to bind the parties. 

The Court reminds the parties that under the Local Rules, initial and expert disclosures; deposition 

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transcripts; interrogatories; requests for documents, electronically stored information or things, or 

to permit entry upon land; requests for admission; notices of taking depositions or notices of 

serving subpoenas; and associated responses, objections, notices or any associated proof of service, 

shall not be filed until they are used in the proceeding or the court orders their filing. S.D. 

Fla. L.R. 26.1(b). Improper filings will be stricken from the record. In addition to the documents 

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

The parties must make every effort to resolve discovery disputes without requiring Court 

intervention. Strict compliance with the Local Rules is expected. 

Discovery Disputes. If parties are unable to resolve their discovery disputes without Court 

intervention, Magistrate Judge Alicia M. Otazo-Reyes will set the matter for a discovery hearing 

without the need for filing a motion. Discovery hearings will be conducted in person upon joint 

agreement of the parties or if Magistrate Judge Otazo-Reyes determines that an in-person hearing 

is appropriate. In all other cases, discovery hearings will be conducted by video conference. 

The moving party must seek relief within fifteen (15) days after the occurrence of the 

grounds for relief by contacting Magistrate Judge Otazo-Reyes’ Chambers with three (3) dates in 

which the parties are available for a discovery hearing. Magistrate Judge Otazo-Reyes’ telephone 

number is (305) 523-5740 and her Chambers are located at 301 N. Miami Avenue, 10th Floor, 

Miami, Florida. Once a hearing date is obtained from Chambers, the movant shall provide notice 

to all relevant parties by filing a Notice of Hearing. The Notice of Hearing shall briefly specify the 

substance of the discovery matter to be heard and include a certification that the parties have

complied with the pre-filing conference required by Southern District of Florida Local Rule 

7.1(a)(3). No written discovery motions, including motions to compel and motions for protective 

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order, shall be filed unless requested by Magistrate Judge Otazo-Reyes. It is the intent of this 

procedure to minimize the necessity of motions. 

The Court expects all parties to act courteously and professionally in the resolution of their 

discovery disputes and to confer in an attempt to resolve the discovery issue prior to requesting 

the hearing. The Court may impose sanctions, monetary or otherwise, if the Court determines 

discovery is being improperly sought or is not being provided in good faith. 

Civility and Professionalism. Members of the bar and the Court are proud of the long 

tradition of courteous practice in the Southern District of Florida. Indeed, it is a fundamental tenet 

of this Court that attorneys in this District be governed at all times by a spirit of cooperation,

professionalism, and civility. For example, and without limiting the foregoing, it remains the 

Court’s expectation that counsel will seek to accommodate their fellow practitioners, including in 

matters of scheduling, whenever reasonably possible and that counsel will work to eliminate 

disputes by reasonable agreement to the fullest extent permitted by the bounds of zealous 

representation and ethical practice.

To that end, the Court advises the parties that strict compliance with the requirements of 

Local Rule 7.1(a)(3) is expected. In addition, if a motion for extension of time is opposed, this 

Court requires that the certificate of conferral state briefly the reason(s) for opposing counsel’s 

objection to the requested extension. 

The parties are further advised that the failure to comply with any of the procedures

contained in this Order or the Local Rules may result in the imposition of appropriate sanctions, 

including, but not limited to, the dismissal of this action or entry of default.

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DONE AND ORDERED in Chambers at Miami, Florida, on December 13, 2022.

_________________________________

BETH BLOOM

UNITED STATES DISTRICT JUDGE

Copies to: 

Counsel of Record

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