United States District Court 

for the 

Southern District of Florida 

Kenneth C Griffin, Plaintiff,

v. 

Internal Revenue Service and U.S. 

Department of the Treasury, 

Defendantd. 

)

) 

) 

) 

) 

) 

) 

Civil Action No. 22-24023-Civ-Scola 

Scheduling Order and Order of Referral to Mediation 

 This action is set for trial during the two-week trial period beginning on 

May 20, 2024. Calendar call will be held at 9:00 a.m. on the preceding 

Tuesday, May 14, 2024, at the Wilkie D. Ferguson, Jr. United States 

Courthouse, 400 N. Miami Avenue, Courtroom 12-3, Miami, Florida. A pretrial 

conference will be held immediately following calendar call only if requested by 

the parties in advance. 

1. The parties must comply with the following schedule: 

July 11, 2023 Deadline to join additional parties or to amend pleadings. 

September 12, 

2023 Deadline to file joint interim status report. 

November 28, 

2023

Deadline to file Proposed Order Scheduling Mediation, setting 

forth the name of the mediator, and the date, time, and 

location of the mediation, consistent with the Order of Referral 

to Mediation (which immediately follows this scheduling 

order). 

January 9, 

2024

Deadline to complete all fact discovery. 

Deadline to submit joint notice indicating whether the parties 

consent to jurisdiction before the designated magistrate judge 

for purposes of final disposition. 

Deadline to exchange expert witness summaries/reports 

pursuant to Federal Rule of Civil Procedure 26(a)(2). Rebuttal 

disclosures are permitted, and must conform to the deadline 

set forth in Federal Rule of Civil Procedure 26(a)(2)(D)(ii).

(When a treating physician testifies regarding opinions formed and 

based upon observations made during the course of treatment, the 

treating physician need not produce a Rule 26(a)(2)(B) report. By 

contrast, treating physicians offering opinions beyond those arising 

Case 1:22-cv-24023-RNS Document 30 Entered on FLSD Docket 06/07/2023 Page 1 of 7
from treatment are experts from whom full Rule 26(a)(2)(B) reports 

are required. See, Muzaffarr v. Ross Dress for Less, Inc., No. 12-

61996-CIV, 2013 WL 3850848, at *1 (S.D. Fla. July 26, 2013).)

January 23, 

2024 Deadline for the filing of all dispositive motions. 

February 6, 

2024

Deadline to complete mediation, consistent with the Order of 

Referral to Mediation (which immediately follows this 

scheduling order). 

March 12, 2024 Deadline to complete all expert discovery. 

March 21, 2024 Deadline for the filing of pretrial motions, including motions in 

limine and Daubert motions. 

April 24, 2024

Deadline to file joint pretrial stipulation under Local Rule 

16.1(e) and pretrial disclosures as required by Federal Rule of 

Civil Procedure 26(a)(3). 

May 8, 2024

Deadline to file proposed jury instructions (if the matter is set 

for a jury trial) or proposed findings of fact and conclusions of 

law (if the matter is set for a bench trial) consistent with Local 

Rule 16.1(k). 

2. Interim Joint Status Report. The parties are required to submit an 

interim joint status report addressing the following issues: 

a) Have all defendants been served? If not, state the reasons. 

b) Have all defendants responded to the complaint? If not, state the 

reasons. 

c) If this is a class action, has a motion for class certification been 

filed? If so, what is its status? 

d) Have the parties agreed on and selected a mediator? Have the 

parties agreed upon a place, date, and time for mediation? 

e) Have the parties engaged in informal settlement negotiations? If 

not, explain the reasons for the failure to do so. If yes, state the 

status of such negotiations (e.g., ongoing, impasse, etc.) and the 

relative prospects for resolution through informal means. 

f) Describe the status of discovery conducted to date, and identify 

whether the parties reasonably believe that they will be able to 

complete discovery by the Court’s deadline. If not, explain the 

reasons. 

Case 1:22-cv-24023-RNS Document 30 Entered on FLSD Docket 06/07/2023 Page 2 of 7
g) Identify any other issues that the Court should be aware of that 

may affect the resolution of this matter or the schedule as 

currently set. 

3. References to documents in summary-judgment motions. When a party 

files a motion for summary judgment, the party must include the ECF number 

of any exhibits or other documents referred to in the motion or the 

accompanying statement of material facts (required by Local Rule 56.1). This 

means that if a document is not already on the record, a party will need to 

submit a Notice of Filing before he or she files the summary-judgment motion 

and the statement of material facts. 

4. Limit on motions in limine & Daubert motions. Each party is limited to 

filing one motion in limine and one Daubert motion. If a party cannot address 

his or her evidentiary issues or expert challenges in a 20-page motion, leave to 

exceed the page limitation will be granted upon a showing of good cause. The 

parties are reminded that motions in limine and Daubert motions must contain 

the Local Rule 7.1(a)(3) pre-filing conference and certification. 

5. Jury Instructions. The parties must submit their proposed jury 

instructions jointly, though they need not agree on each proposed instruction. 

Where both parties agree on a proposed instruction, that instruction must be 

set out in regular typeface. Instructions proposed only by a plaintiff must be 

underlined. Instructions proposed only by a defendant must be bold-faced. 

Every instruction must be supported by a citation of authority. The parties 

should use as a guide the Eleventh Circuit Pattern Jury Instructions for Civil 

Cases, including the directions to counsel, or the applicable state pattern jury 

instructions. The parties must jointly file their proposed jury instructions via 

CM/ECF, and must also submit their proposed jury instructions to the Court 

via e-mail at scola@flsd.uscourts.gov in Word format (.doc). 

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

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

exhibits must be marked alphabetically with the letter “D” as a prefix. A list 

setting out all exhibits must be submitted at the time of trial. This list must 

indicate the pre-marked identification label (e.g., P-1, or D-A) and must also 

include a brief description of the exhibit. 

7. Deposition Designations. Any party intending to use deposition 

testimony as substantive evidence must designate by line and page reference 

those portions in writing. The designations must be served on opposing counsel 

and filed with the Court 14 days before the deadline to file the joint pretrial 

stipulation. The adverse party must serve and file any objections and any 

Case 1:22-cv-24023-RNS Document 30 Entered on FLSD Docket 06/07/2023 Page 3 of 7
cross-designations within seven days. The initial party then has seven days to 

serve and file objections to the cross-designations. 

8. 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, casespecific questions to be included in the questionnaire. The proposed questions 

must be filed with the Court at the time of the filing of the joint pretrial 

stipulation, and must also be submitted to the Court via e-mail at 

scola@flsd.uscourts.gov in Word format (.doc). 

9. Notification of juror misconduct. Every party has an affirmative duty to 

notify the Court immediately of any possible juror misconduct or any 

information that might possibly reflect on a juror’s ability to serve. Immediate 

notification is required to allow the Court the opportunity to address the issue, 

including questioning the juror and, if necessary, discharging the juror and 

seating an alternate juror. In any trial lasting more than five days, the Court 

imposes an affirmative duty on both sides to conduct all reasonable 

investigations of juror misconduct, including statements provided during voir 

dire, and to advise the Court immediately of any discovered misconduct. Any 

party who fails to conduct a reasonable investigation in this situation and later 

discovers an incidence of juror misconduct has waived his, her, or its right to 

rely on that misconduct in a motion before this Court. 

10. Settlement Conference Before Magistrate Judge. The parties may, 

at any time, file a motion requesting a settlement conference before United 

States Magistrate Judge Jonathan Goodman. The Court encourages the parties 

to consider a confidential settlement conference with Judge Goodman, 

especially if the parties believe there is a meaningful chance of reaching an 

early, amicable resolution of their dispute. 

11. Settlement Notification. If this matter is settled, counsel are 

directed to inform the Court promptly via telephone (305-523-5140) and/or email (scola@flsd.uscourts.gov). 

Done and ordered at Miami, Florida on June 6, 2023. 

 

 ________________________________ 

 Robert N. Scola, Jr. 

 United States District Judge 

[Order of Referral to Mediation on following page] 

Case 1:22-cv-24023-RNS Document 30 Entered on FLSD Docket 06/07/2023 Page 4 of 7
United States District Court 

for the 

Southern District of Florida 

Kenneth C Griffin, Plaintiff,

v. 

Internal Revenue Service and U.S. 

Department of the Treasury, 

Defendantd. 

)

) 

) 

) 

) 

) 

) 

Civil Action No. 22-24023-Civ-Scola 

Order of Referral to Mediation 

Trial having been set in this matter, pursuant to Federal Rule of Civil 

Procedure 16 and Local Rule 16.2, it is ordered and adjudged as follows: 

1. All parties are required to participate in mediation. The parties must 

conduct their mediation no later than the deadline set out in the Court’s 

Scheduling Order. 

2. The Court designates Plaintiff’s counsel as lead counsel for purposes of 

this mediation order. Upon written agreement by all counsel of record and any 

unrepresented parties, the parties may designate a different attorney to be lead 

counsel for purposes of this mediation order. Lead counsel is responsible for 

scheduling the mediation conference. 

3. 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 must agree upon a 

mediator within 60 days from the date of this Order. If there is no agreement, 

lead counsel must promptly notify the Clerk of the Court in writing and the 

Clerk of the Court will designate a mediator from the List of Certified 

Mediators. That designation will be made on a blind rotation basis. 

4. A place, date, and time for mediation convenient to the mediator, counsel 

of record, and unrepresented parties must be established no later than the 

deadline in the Scheduling Order. Lead counsel must complete the attached 

form Order Scheduling Mediation and submit it to the Court. The parties must 

agree on a place, date, and time for mediation and lead counsel must 

submit the proposed order scheduling mediation, no later than the 

deadline set forth in the Scheduling Order.

5. Pursuant to Local Rule 16.2(e), 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 

Case 1:22-cv-24023-RNS Document 30 Entered on FLSD Docket 06/07/2023 Page 5 of 7
adjuster with authority up to the policy limits or the most recent demand, 

whichever is lower, must attend.

6. All proceedings of the mediation will be confidential and privileged.

7. At least 14 days prior to the mediation date, each party must present to 

the mediator a confidential brief written summary of the case identifying issues 

to be resolved. The mediator is authorized to grant extensions of time up to the 

mediation for the parties to file their mediation statements.

8. The Court may impose sanctions against parties and/or counsel who do 

not comply with the attendance or settlement authority requirements in this 

Order, or who otherwise violate the terms of this Order. The mediator must

report non-attendance and may recommend imposition of sanctions by the 

Court for non-attendance.

9. The mediator must be compensated in accordance with the standing 

order of the Court entered pursuant to Local Rule 16.2(b)(7), or on such basis 

as may be agreed to in writing by the parties and the mediator selected by the 

parties. The cost of mediation must be shared equally by the parties unless 

otherwise ordered by the Court. All payments must be remitted to the mediator 

within 45 days of the date of the bill. Notice to the mediator of cancellation or 

settlement prior to the scheduled mediation conference must be given at least 

three full business days in advance. Failure to do so will result in imposition of 

a fee for two hours of mediation.

10. If a full or partial settlement is reached in this case, counsel must

promptly notify the Court of the settlement in accordance with Local Rule 

16.2(f), by the filing of a notice of settlement signed by counsel of record within 

14 days of the mediation conference. Thereafter the parties must promptly 

submit an appropriate pleading concluding the case.

11. Within seven days following the mediation conference, the 

mediator must file a Mediation Report indicating whether all required parties 

were present. The report must also indicate whether the case settled (in full or 

in part), was adjourned, or whether the mediator declared an impasse. If the 

mediator fails to file a Mediation Report within seven days following the 

mediation conference, lead counsel must file a Mediation Report within 

14 days after the mediation conference.

12. If mediation is not conducted, the case may be stricken from the 

trial calendar, and other sanctions may be imposed.

Done and ordered at Miami, Florida on June 6, 2023.

f

_____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Robert N. Scola, Jr.

United States District Judge

Case 1:22-cv-24023-RNS Document 30 Entered on FLSD Docket 06/07/2023 Page 6 of 7
Attachment “A” to the Order Of Referral To Mediation: 

Form Order Scheduling Mediation 

United States District Court 

for the 

Southern District of Florida 

_______________________, Plaintiff

v. 

_______________________, Defendant

)

) 

) 

) 

)

Civil Action No. __________-Civ-Scola 

Order Scheduling Mediation 

The parties will hold the mediation conference in this matter before 

 (mediator) on (date) .at (time) .at (location) . The mediator and the parties 

have agreed to this date. The parties may not reschedule the mediation without 

leave of the Court. 

Done and ordered in chambers, at Miami, Florida, on _________________. 

 ________________________________ 

 Robert N. Scola, Jr. 

 United States District Judge 

Case 1:22-cv-24023-RNS Document 30 Entered on FLSD Docket 06/07/2023 Page 7 of 7