UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 22-CV-81883-RAR

BRITTANY ROBERSON, et al., 

Plaintiffs,

v. 

HEALTH CAREER INSTITUTE LLC, et al.,

Defendants. 

_______________________________________________/ 

ORDER SETTING JURY TRIAL SCHEDULE, REQUIRING MEDIATION, 

AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE

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

February 26, 2024. Counsel for all parties shall also appear at a calendar call at 11:00 a.m. on 

February 20, 2024.

1

 Unless instructed otherwise by subsequent order, the trial and all other 

proceedings in this case shall be conducted in Courtroom 4, 10th Floor, at the James Lawrence 

King Federal Justice Building, 99 N.E. 4th St., Miami, Florida. The parties shall adhere to the 

following schedule: 

February 24, 2023. The parties shall select a mediator in accordance with Local Rule 

16.2; schedule a time, date, and place for mediation; and jointly file a proposed order 

scheduling mediation via CM/ECF in the form specified on the Court’s website. The 

mediation shall take place in person. Requests to appear virtually by videoconference or 

other remote means must be made by motion. In addition to filing the joint proposed order, 

the parties shall also email the order to ruiz@flsd.uscourts.gov in Word format. The email 

subject line must include the case number as follows: XX-CV-XXXX-RAR. If the 

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

impasse becomes clear, 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 

1 Pursuant to Local Rule 16.1(c), the Court does not conduct pretrial conferences unless otherwise 

requested by the parties. 

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provisions of Local Rule 16.2.2

 Within seven (7) days of the mediation, the parties shall 

file a joint mediation report with the Court. The report shall indicate 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, the case may be stricken from the trial calendar, 

and other sanctions may be imposed.

March 17, 2023. The parties shall file all motions to amend pleadings or to join parties.

May 17, 2023. Deadline for completing class certification discovery.

June 5, 2023. Plaintiff files motion for class certification. 

October 3, 2023. The parties shall exchange expert witness summaries or reports.

October 17, 2023. The parties shall exchange rebuttal expert witness summaries or 

reports.

October 31, 2023. All discovery, including expert discovery, shall be completed.3

November 7, 2023. The parties must have completed mediation and filed a mediation 

report.

November 14, 2023. 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. 

December 12, 2023. The parties shall submit a joint pre-trial stipulation, proposed jury 

instructions and verdict form, or proposed findings of fact and conclusions of law, as 

applicable, and shall file 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.

2

 Pursuant to Local Rule 16.2(e), the appearance of counsel and each party (or the representatives of each 

party with full authority to enter into a full and complete compromise and settlement) is mandatory. The 

Court may impose sanctions against parties and/or counsel who do not comply with these attendance or 

settlement authority requirements. The mediator shall report non-attendance to the Court and may 

recommend the imposition of sanctions for non-attendance. 

3 The parties may, by agreement or with the consent of the paired Magistrate Judge, extend this deadline 

so long as that extension does not interfere with any of the other deadlines contained in this Scheduling 

Order.

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

instruction, the parties shall submit their proposed jury instructions and verdict form jointly. 

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 shall submit, in Word format via e-mail to 

ruiz@flsd.uscourts.gov, proposed jury instructions and verdict form, including substantive charges 

and defenses, prior to the Calendar Call. The email subject line must include the case number 

as follows: XX-CV-XXXX-RAR. For instructions on filing proposed documents, please see 

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 hereby referred to United States Magistrate Judge Ryon M. 

McCabe. Furthermore, in accordance with 28 U.S.C. § 636(c)(1), the parties may consent to trial 

and final disposition by the Magistrate Judge. The deadline for submitting a consent is

November 14, 2023.

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 single e-mail exchange with 

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

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 

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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. The parties shall not file any written discovery motions until the 

parties actually speak to one another, either in person, via telephone, or via Zoom. E-mail 

correspondence alone does not constitute a sufficient conferral. Counsel shall discuss the available 

options for resolving the dispute without court intervention and make a concerted, good faith effort 

to arrive at a mutually acceptable resolution. If the parties are unable to resolve their discovery 

disputes without court intervention, the movant shall file a discovery motion, no longer than five 

(5) pages. The opposing party must file a response to the motion, no longer than five (5) pages, 

within five (5) business days of service of the discovery motion. No reply shall be permitted. If 

Judge McCabe determines that a discovery hearing on the motion is necessary, the Court will then 

enter an order setting the matter for a hearing. The parties shall follow Judge McCabe’s Order 

Setting Discovery Procedure, which sets outs additional requirements beyond those identified here.

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

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

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

by the date of the calendar call. This list must indicate the pre-marked identification label (e.g., 

P-1 or D-1) and include a brief description of the exhibit. The exhibit list shall refer to specific 

items and shall not include blanket statements such as all exhibits produced during depositions or 

Plaintiff reserves the use of any other relevant evidence. Exhibits omitted from the list will not be 

allowed at trial.

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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 on or before Calendar Call and must also be 

submitted to the Court, in Word format, via e-mail to ruiz@flsd.uscourts.gov. The email subject 

line must include the case number as follows: XX-CV-XXXX-RAR. The Court will begin voir 

dire by questioning the venire individually and as a whole and will permit limited attorney-directed 

voir dire thereafter. The Court will not permit the backstriking of jurors. Counsel shall meet and 

prepare a concise, non-argumentative statement of the case to be read to the jury in connection 

with voir dire. The statement shall be filed with the Court also at or before calendar call. 

Settlement Notification. If this matter is settled, counsel shall inform the Court promptly 

via telephone (954-769-5560) and/or e-mail (ruiz@flsd.uscourts.gov). In addition, counsel must 

promptly file a stipulation of settlement. 

DONE AND ORDERED in Miami, Florida, this 6th day of February, 2023. 

 _________________________________ 

 RODOLFO A. RUIZ II

UNITED STATES DISTRICT JUDGE

 

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