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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No. 22-81731-Civ-Middlebrooks/Matthewman

DEVIN FILIPPELLI.,

Plaintiff(s),

v.

GROW, LLC, et al.,

Defendant(s).

___________________________________________/

PRETRIAL SCHEDULING ORDER

AND ORDER REFERRING CASE TO MEDIATION

THIS CAUSE is before the Court upon order of reference from the Honorable Donald M. 

Middlebrooks, United States District Judge. [DE 6]. The Court held a scheduling conference on 

December 15, 2022, via Zoom video teleconference. Pursuant to S.D. Fla. L. R. 16.1(b), the Court 

ORDERS the following:

1. Trial: This case is set for trial before U.S. District Judge Donald M. Middlebrooks 

during the two-week trial period commencing July 31, 2023, at 9:00 a.m., with a calendar call set 

for July 26, 2023, at 1:15 p.m. This Court hereby advises the parties of the opportunity to consent 

to a specially set trial before a U.S. Magistrate Judge pursuant to 28 U.S.C. § 636(c). A fully 

executed consent form should be filed within 30 days from this Order’s date if the parties wish to 

consent to trial before a U.S. Magistrate Judge. A sample form is attached as Appendix A to this 

Scheduling Order.

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2. Pretrial Discovery, Rule 26(f) Conference and Discovery Plan: Pretrial 

discovery shall be conducted in accordance with S.D. Fla. L.R. 16.1 and 26.1, and the Federal 

Rules of Civil Procedure. The parties are directed to meet and confer pursuant to Federal Rule of 

Civil Procedure 26(f). The parties must consider the nature and basis of their claims and defenses 

and the possibilities for promptly settling or resolving the case; make or arrange for the disclosures 

required by Rule 26(a)(1); discuss any issues about preserving discoverable information; and 

develop a proposed discovery plan. The parties’ joint discovery plan must be filed by the deadline 

set forth in paragraph 10 this Order and include:

(1) an estimated valuation of the case from the perspective of Plaintiff(s) and 

Defendant(s);

(2) the date for exchanging initial disclosures pursuant to Rule 26(a)(1);

(3) the subjects on which discovery may be needed; 

(4) whether the Parties can agree to limit discovery on particular issues through 

stipulation;

(5) what document discovery is needed;

(6) whether discovery should be conducted in phases; 

(7) whether the Parties expect to have disclosure, discovery, or preservation of 

electronically stored information, and if so, explain:

(a) the main information and documents sought;

(b) the expected costs of e-discovery; and

(c) whether alternatives to e-discovery are possible.

(8) what individuals each side intends to depose; 

(9) any issues about claims of privilege or of protection as trial-preparation materials, 

including—if the parties agree on a procedure to assert these claims after 

production—whether to ask the court to include their agreement in an order under 

Federal Rule of Evidence 502;

(10) what changes should be made in the limitations on discovery imposed by the 

Federal Rules of Civil Procedure or the Local Rules; and 

(11) whether early mediation or a settlement conference with a Magistrate Judge prior 

to the close of discovery would be helpful.

No pretrial conference shall be held in this action, unless the parties so request or the Court 

determines, sua sponte, that a pretrial conference is necessary. Should a pretrial conference be set, 

the deadlines set forth in this Order shall remain unaltered. 

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3. Pretrial Stipulation: Counsel must meet at least 45 days prior to the beginning of 

the trial calendar to confer on the preparation of a Joint Pretrial Stipulation. The Joint Pretrial 

Stipulation shall be filed by the date set forth below and shall conform to S.D. Fla. L.R. 16.1(e). 

The Court will not accept unilateral pretrial stipulations and will strike sua sponte any such 

submissions. Should any of the parties fail to cooperate in preparing the Joint Pretrial Stipulation, 

all other parties shall file a certification with the Court stating the circumstances. Upon receipt of 

such certification, the Court will issue an order requiring the non-cooperating party or parties to 

show cause why such party or parties (and their respective attorneys) should not be held in 

contempt for failure to comply with the Court’s order. The pretrial disclosures and objections 

required under Fed. R. Civ. P. 26(a)(3) should be served, but not filed with the Clerk’s Office, as 

the same information is required to be attached to the parties’ Joint Pretrial Stipulation.

4. Cases Tried Before A Jury: In cases tried before a jury, at least ONE WEEK 

prior to the beginning of the trial calendar, the parties shall submit A SINGLE JOINT SET of 

proposed jury instructions and verdict form, though the parties need not agree on the proposed 

language of each instruction or question on the verdict form. Where the parties do agree on a 

proposed instruction or question, that instruction or question shall be set forth in Times New 

Roman 14-point typeface. Instructions and questions proposed only by the plaintiff(s) to which the 

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

which plaintiff(s) object shall be bold-faced. Each jury instruction shall be typed on a separate 

page and, except for Eleventh Circuit Pattern instructions clearly identified as such, must be 

supported by citations to authority. In preparing the requested jury instructions, the parties shall 

use as a guide the Pattern Jury Instructions for civil cases approved by the Eleventh Circuit, 

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including the directions to counsel contained therein. A copy of the proposed jury instructions and 

verdict form shall be sent in Word or WordPerfect format to: middlebrooks@flsd.uscourts.gov. 

5. Cases Tried Before The Court: In cases tried before the Court, at least ONE 

WEEK prior to the beginning of the trial calendar, a copy of the proposed Findings of Fact and 

Conclusions of Law shall be sent in Word or WordPerfect format to: 

middlebrooks@flsd.uscourts.gov. Proposed Conclusions of Law must be supported by citations to 

authority. 

6. Exhibits: All exhibits must be pre-marked. A typewritten exhibit list setting forth 

the number, or letter, and description of each exhibit must be submitted at the time of trial. The 

parties shall submit said exhibit list on Form AO 187, which is available from the Clerk’s office.

7. Motions to Continue Trial: A Motion to Continue Trial shall not stay the 

requirement for the filing of a Pretrial Stipulation and, unless an emergency situation arises, such 

Motion will not be considered unless it is filed at least 20 days before the date on which the trial 

calendar is scheduled to commence.

8. Pretrial Motions: Any party filing a pretrial motion shall submit a proposed order 

granting the motion.

9. Non-compliance with This Order: Non-compliance with any provision of this Order 

may subject the offending party to sanctions or dismissal. It is the duty of all counsel to enforce 

the timetable set forth herein in order to ensure an expeditious resolution of this cause.

10. Pretrial Schedule: The parties shall adhere to the following schedule, which shall 

not be modified absent compelling circumstances. Any motions to modify this schedule shall be 

directed to the attention of U.S. District Judge Donald M. Middlebrooks.

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December 29, 2022 Discovery Plan shall be filed. See Fed. R. Civ. P. 26(f)(3).

January 26, 2023 Joinder of Additional Parties and Amend Pleadings. 

February 9, 2023 Any motions for class certification shall be filed.

February 23, 2023 Plaintiff(s) shall provide opposing counsel with a written list with the 

names and addresses of all expert witnesses intended to be called at trial 

and only those expert witnesses listed shall be permitted to testify. 

Plaintiff(s) shall also furnish opposing counsel with expert reports or 

summaries of its expert witnesses’ anticipated testimony in accordance 

with Fed. R. Civ. P. 26(a)(2). Within the 30-day period following this 

disclosure, Plaintiff(s) shall make their experts available for deposition 

by Defendant(s). The experts’ deposition may be conducted without 

further Court order.

March 23, 2023 Defendant(s) shall provide opposing counsel with a written list with the 

names and addresses of all expert witnesses intended to be called at trial 

and only those expert witnesses listed shall be permitted to testify. 

Defendant(s) shall also furnish opposing counsel with expert reports or 

summaries of its expert witnesses’ anticipated testimony in accordance 

with Fed. R. Civ. P. 26(a)(2). Within the 30-day period following this 

disclosure, Defendant(s) shall make its experts available for deposition 

by Plaintiff(s). The experts’ deposition may be conducted without further 

Court order.

Note: The above provisions pertaining to expert witnesses do not apply to 

treating physicians, psychologists or other health providers.

April 20, 2023 Parties shall furnish opposing counsel with a written list containing the 

names and addresses of all witnesses intended to be called at trial and 

only those witnesses listed shall be permitted to testify.

May 18, 2023 All discovery shall be completed.

June 1, 2023 All Pretrial Motions, including summary judgment motions and Daubert

motions, and motions in limine shall be filed.

July 3, 2023 Joint Pretrial Stipulation shall be filed. Designations of deposition 

testimony shall be made.

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July 17, 2023 Objections to designations of deposition testimony shall be filed. Late 

designations shall not be admissible absent exigent circumstances.

July 24, 2023 Jury Instructions or Proposed Findings of Fact and Conclusions of Law 

shall be filed.

11. Order of Referral to Mediation/Settlement Conference: Pursuant to Local Rule 

16.2, this case is referred to mediation as follows:

a. All parties must complete mediation or a settlement conference at least 60 days 

before the scheduled trial date.

b. The parties may request a settlement conference before the undersigned Magistrate 

Judge in lieu of mediation with a certified mediator. Such conference will satisfy the requirement 

of court-ordered mediation, assuming good faith participation by the parties. To make the request, 

a designated party should contact Judge Matthewman’s Chambers by email at 

matthewman@flsd.uscourts.gov (copying opposing counsel) within 60 days of this Order’s date 

with proposed conference dates. Thereafter, an order will issue setting forth the date, time, place, 

and procedures for the settlement conference.

c. Otherwise, Plaintiff(s)’s counsel, or other designated counsel, shall schedule a 

mediation conference. The parties are encouraged to avail themselves of the services of any 

mediator on the List of Certified Mediators, maintained in the office of the Clerk of the Court, but 

may select any other mediator. The parties shall agree upon a mediator and file a Notice of 

Mediator Selection within 14 days of the date of this Order. If there is no agreement, lead counsel 

shall promptly file a Request for Clerk to Appoint Mediator. The Clerk of the Court shall then 

designate, on a blind rotation basis, a mediator from the List of Certified Mediators. If the parties 

cannot mutually agree to a place, date, and time for the mediation, they may move the Court for 

an order dictating the place, date, and time.

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d. The appearance of counsel and each party or representatives of each party with full 

authority to enter into a full and complete compromise and settlement is mandatory. If insurance 

is involved, an adjuster with authority to settle up to the policy limits or the most recent demand, 

whichever is lower, shall attend.

e. The Court may impose sanctions against parties or counsel who do not comply with 

the attendance or settlement authority requirements. The mediator shall report non-attendance and 

may recommend imposition of sanctions by the Court for non-attendance.

f. If the parties elect to proceed to mediation but no complete settlement is reached, 

they may move for a settlement conference before the undersigned later in the proceedings.

12. Settlement: If the case is settled, counsel shall promptly inform the Court by 

calling the chambers of U.S. District Judge Donald M. Middlebrooks at (561) 514-3720 and, 

within 10 days of notification of settlement to the Court, submit an appropriate Motion and 

proposed order for dismissal, pursuant to Federal Rule of Civil Procedure 41(a). The parties shall 

attend all hearings and abide by all time requirements unless and until an order of dismissal is 

filed.

DONE AND ORDERED in Chambers at West Palm Beach in the Southern District of 

Florida, this 15th day of December, 2022.

WILLIAM MATTHEWMAN 

United States Magistrate Judge

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APPENDIX A

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

NOTICE OF RIGHT TO CONSENT TO DISPOSITION OF A CIVIL CASE

BY A U.S. MAGISTRATE JUDGE

Counsel shall review this notice with their client(s) before executing their notice of consent 

to trial before a U.S. Magistrate Judge.

Under 28 U.S.C. § 636(c), a U.S. Magistrate Judge may, upon the consent of all the parties 

in a civil case, conduct all proceedings, including a trial and all post-judgment proceedings. A 

consent form is attached and is also available from the Clerk of the Court. 

You have a right to trial by a U.S. District Judge. Your decision to consent to the referral 

of your case to a U.S. Magistrate Judge for disposition is entirely voluntary on your part; your 

lawyer cannot make this decision for you. You may, without adverse substantive consequences, 

withhold your consent, but this will prevent the Court’s jurisdiction from being exercised by a 

Magistrate Judge. If any party withholds consent, the identity of the parties consenting or 

withholding consent will not be communicated to any Magistrate Judge or to the District Judge to 

whom the case has been assigned.

Parties cannot withdraw their consent once given, although a District Judge may vacate a 

referral upon a showing of extraordinary circumstances by a party. An appeal from a judgment 

entered by a Magistrate Judge shall be taken directly to the U.S. Court of Appeals for this judicial 

circuit in the same manner as an appeal from any other judgment of this District Court.

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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

 Case No. [ ]-Civ-Middlebrooks/Matthewman 

[ ], 

Plaintiff(s), 

v.

[ ], 

Defendant(s). 

______________________________/

NOTICE OF CONSENT TO EXERCISE OF 

JURISDICTION BY A U.S. MAGISTRATE JUDGE

In accordance with the provisions of 28 U.S.C. § 636(c) and Federal Rule of Civil 

Procedure 73, the parties in this case consent to have a U.S. Magistrate Judge conduct any and all 

proceedings in this case, the Parties consent to the exercise of jurisdiction by the Magistrate Judge 

over all further proceedings in this case, including trial and all post-judgment proceedings.

Party Signatures Date

____________________________ ______________________________ ____________

____________________________ ______________________________ ____________

____________________________ ______________________________ ____________

____________________________ ______________________________ ____________

____________________________ ______________________________ ____________

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