UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO.: 1:22-cv-23961-GAYLES/TORRES

DAMIAN R. JOSEFSBERG, individually

and on behalf of all others similarly situated,

Plaintiff,

v.

UBER TECHNOLOGIES, INC. and 

CHECKR, INC.,

Defendants.

________________________________________/

SCHEDULING ORDER SETTING CIVIL TRIAL DATE AND 

PRETRIAL SCHEDULE, REQUIRING MEDIATION, AND

REFERRING CERTAIN MOTIONS TO MAGISTRATE JUDGE

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

Monday, March 10, 2025. The Telephonic Calendar Call will be held at 9:30 a.m. on 

Wednesday, March 05, 2025. A Telephonic Status Conference will be held at 10:00 a.m. on 

Wednesday, December 11, 2024. The parties shall adhere to the following schedule:

1. Joinder of any additional parties and filing of motions to amend the complaint 

by 10/1/2023

2. Class Certification Fact Discovery by 10/2/2023

3. Plaintiff’s expert disclosure on class certification by 11/13/2023

4. Defendants’ expert disclosure on class certification by 12/15/2023

5. Class certification expert discovery shall be completed by 1/15/2024

6. Motion for Class Certification shall be filed by 2/15/2024

7. Responses to Motion for Class Certification shall be filed by 3/15/2024

8. Reply in Support of Motion for Class Certicication shall be filed by 4/12/2024

Case 1:22-cv-23961-DPG Document 49 Entered on FLSD Docket 07/19/2023 Page 1 of 6
2

9. Written lists containing the names and addresses of all witnesses intended to 

be called at trial by 8/2/2024

10. Parties shall disclose experts, expert witness summaries, and reports as 

required by Fed. R. Civ. P. 26(a)(2) by 9/30/2024

11. Exchange of rebuttal expert witness summaries and reports as required by 

Fed. R. Civ. P. 26(a)(2) by 10/31/2024

12. Parties shall select a mediator pursuant to Local Rule 16.2 and shall schedule a 

time, date, and place for mediation by 9/2/2024

13. Fact discovery shall be completed by 9/30/2024

14. Expert discovery shall be completed by 10/31/2024

15. Dispositive motions, including motions for summary judgment, and Daubert

motions,

1 shall be filed by 11/29/2024

16. Mediation shall be completed by 12/8/2023

17. All pretrial motions and memoranda of law, including motions in limine,

shall be filed by 1/26/2024

18. Joint pretrial stipulation, proposed joint jury instructions, proposed joint 

verdict form, and/or proposed findings of fact and conclusions of law2 shall 

be filed by

2/23/2024

Motions. Every motion filed in this case shall be accompanied by one proposed original 

order granting the motion. Each party shall be limited to filing one (1) motion in limine. Unless 

otherwise specified by the Court, every motion shall be double spaced in 12-point Times New 

Roman typeface. Multiple Plaintiffs or Defendants shall file joint motions with co-parties 

unless there are clear conflicts of position.

Referral to Magistrate Judge. Pursuant to 28 U.S.C. § 636, all discovery matters are 

referred to Chief Magistrate Judge Edwin G. Torres to take all appropriate action. Furthermore, pursuant to 28 U.S.C. § 636(c)(1), the parties may consent to trial and final disposition 

1 For cases set for a bench trial, the parties shall not file Daubert motions. The Court will decide those issues at trial. 2 The parties shall file findings of fact and conclusions of law for bench trials only.

Case 1:22-cv-23961-DPG Document 49 Entered on FLSD Docket 07/19/2023 Page 2 of 6
3

by Chief Judge Torres.

Status Conferences and Calendar Call. The parties shall attend any status conference 

held in this matter and the calendar call by telephone. Counsel shall enter their appearances telephonically using the following dial-in information: Dial-in Number 888-273-3658; Access Code 

7032614; Security Code 5170. Please dial in at least ten minutes before the status conference 

begins and wait until your case is called.

Mediation. The parties shall select a mediator pursuant to Local Rule 16.2 and shall schedule 

a time, date, and place for mediation. 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. Within seven (7) days of mediation, the parties are required to file a mediation 

report with the Court.

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. The Court must approve all stipulations that would interfere with the schedule 

deadlines. 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 regard to motion practice. See S.D. Fla. L.R. 7.1.

Discovery Disputes. No written discovery motions, including motions to compel, for 

protective order, or related motions for sanctions shall be filed unless the Chief Magistrate Judge requests it after a discovery hearing.

Deposition Designations. Parties seeking to use deposition testimony at trial shall 

provide the Court will a full deposition transcript. The designations shall be color coded, 

Case 1:22-cv-23961-DPG Document 49 Entered on FLSD Docket 07/19/2023 Page 3 of 6
4

with each party highlighting the deposition testimony it intends to use in a specific color. 

Objections to designations shall be included in the margins of the transcript.

Electronic Submission of Exhibits. Pursuant to Local Rule 5.3(b)(2) regarding electronic submission of exhibits, counsel must file in the CM/ECF system electronic versions of documentary exhibits within ten (10) days of the conclusion of the hearing or trial in which they were 

introduced.3 At the time of filing the electronic exhibits, an attorney for each party shall also complete and file the attached Certification of Compliance re Admitted Evidence. Electronically 

filed exhibits are subject to CM/ECF Administrative Procedures, Section 6, Redaction of Personal Information, Privacy Policy, and Inappropriate Materials. Failure to file the electronic exhibits and Certification of Compliance by the date enumerated above may result in the imposition 

of sanctions. Any original exhibits that have been returned to, or retained by, the filing party 

after electronic filing shall be kept for safe keeping until the conclusion of any appeals. Upon 

order of the Court, the filing party must return the original exhibits to the Clerk of Court.

DONE AND ORDERED in Chambers at Miami, Florida, this Tuesday, July 18, 2023.

________________________________

DARRIN P. GAYLES

UNITED STATES DISTRICT JUDGE

cc: Chief Magistrate Judge Torres

All Counsel of Record

3 This requirement excludes contraband and audio/video recordings. The filing party will file with the Clerk a CD, 

DVD, or other electronic medium containing a copy of any exhibit that is an audio or video recording.

Case 1:22-cv-23961-DPG Document 49 Entered on FLSD Docket 07/19/2023 Page 4 of 6
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No. 1:22-cv-23961-GAYLES/TORRES

DAMIAN R. JOSEFSBERG, individually

and on behalf of all others similarly situated,

Plaintiff, 

v.

UBER TECHNOLOGIES, INC. and 

CHECKR, INC.,

Defendant.

________________________________________/

CERTIFICATE OF COMPLIANCE RE ADMITTED EVIDENCE

I, ___________________________________________, as counsel for 

______________________________________________________, hereby certify the following:

Check the applicable sections:

□ ALL EXHIBITS E-FILED. All documentary exhibits and photographs of nondocumentary

physical exhibits to be admitted into evidence have been electronically filed in CM/ECF.

□ EXHIBITS NOT E-FILED. Some documentary exhibits and/or physical exhibits to be admitted into evidence cannot be electronically filed in CM/ECF. This includes and contraband. The 

following identifies those exhibit numbers that have been retained by the Clerk, and separately 

identifies those proposed exhibit numbers retained by this filing party. (Attach a list.)

□ AUDIO/VIDEO EXHIBITS. The following audio and/or video exhibits are to be entered 

into evidence during these proceedings. The filing party has conventionally filed with the Clerk of 

Court a CD or DVD containing the audio or video exhibit. (Attach a list.)

Any original exhibits that have been returned to or retained by the filing party after electronic filing

shall be kept for safe keeping until the conclusion of any appeals. Upon order of the Court, the 

filing party agrees to return the original exhibits to the Clerk of Court.

This Certificate shall be filed by the date provided in the Court’s Scheduling Order. Failure to 

timely comply with the Electronic Submission of Exhibits requirements provided in the Scheduling

Order or with the requirements of Administrative Order 2016-70 governing the Electronic Submission of Exhibits may result in the imposition of sanctions.

Case 1:22-cv-23961-DPG Document 49 Entered on FLSD Docket 07/19/2023 Page 5 of 6
6

Signature: ___________________________________________ Date: ____________________

Case 1:22-cv-23961-DPG Document 49 Entered on FLSD Docket 07/19/2023 Page 6 of 6