UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 22-cv-24262-ALTMAN/Reid

RICCARDO SILVA, 

Plaintiff, 

v.

MOBILE BILLBOARDS, INC. et al.,

Defendants. 

_________________________________________/ 

ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING

MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE

THIS MATTER is set for trial during the Court’s two-week trial calendar beginning January 

16, 2024. Counsel for all parties shall also appear at a calendar call at 1:45 p.m. on January 10, 2024. 

Unless instructed otherwise by subsequent order, the trial and all other proceedings in this case shall 

be conducted in Courtroom 12-4 at the Wilkie D. Ferguson, Jr. U.S. Courthouse, 400 N. Miami 

Avenue, Miami, Florida 33128. The parties shall adhere to the following schedule:

March 1, 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 in the form specified on the Court’s website, http://www.flsd.uscourts.gov. In 

accordance with the procedures outlined in the CM/ECF Administrative Procedures, the 

proposed order must be emailed to altman@flsd.uscourts.gov in Word format. 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 provisions of Local 

Rule 16.2.1 Within three (3) 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 

1 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.

Case 1:22-cv-24262-RKA Document 19 Entered on FLSD Docket 02/09/2023 Page 1 of 6
conducted, the case may be stricken from the trial calendar, and other sanctions may be 

imposed. 

March 29, 2023. The parties shall file all motions to amend pleadings or to join parties. 

August 23, 2023. The parties shall exchange expert witness summaries or reports.

September 6, 2023. The parties shall exchange rebuttal expert witness summaries or reports.

September 20, 2023. All discovery, including expert discovery, shall be completed.2

October 4, 2023. The parties must have completed mediation and filed a mediation report. 

October 12, 2023. The parties shall file all pre-trial motions, including motions for summary 

judgment, Daubert motions, and motions for a bench trial. 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. The parties are directed 

to review the Court’s procedure for the filing of summary judgment motions (set out 

below).

December 12, 2023. The parties 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.

January 2, 2024. The parties shall submit a joint pre-trial stipulation, exhibit lists, witness 

lists, deposition designations, and proposed jury instructions and verdict form or proposed 

findings of fact and conclusions of law, as applicable. 

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

Judge Rules, all pretrial non-dispositive and discovery matters are hereby referred to United States 

Magistrate Lisette M. Reid. Furthermore, in accordance with 28 U.S.C. § 636(c)(1), the parties may 

consent to trial and final disposition by Magistrate Judge Reid. The deadline for submitting a 

consent is October 12, 2023.

2 The parties may, by agreement or with the consent of the paired Magistrate Judge, extend any 

deadline relating to fact or expert discovery so long as that extension does not interfere with any of 

the other deadlines contained in this Scheduling Order. 

Case 1:22-cv-24262-RKA Document 19 Entered on FLSD Docket 02/09/2023 Page 2 of 6
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. 

Motion to Dismiss. Any motion to dismiss must contain all bases for dismissal, stay, 

abstention, or other similar relief the parties intend to raise. A party may not, for example, file a motion 

to dismiss and then a separate motion for abstention. Nothing in this Order precludes the parties from 

later raising non-waivable jurisdictional defenses.

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 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, including 

motions to compel, for protective order, or for sanctions, without the consent of the Magistrate 

Judge. Counsel must actually confer and engage in reasonable compromise in a genuine effort to 

resolve their discovery disputes before seeking the Court’s intervention. The Court may impose 

sanctions, monetary or otherwise, if it determines that a party has improperly sought or withheld 

discoverable material in bad faith. If, after conferring, the parties are unable to resolve their discovery 

dispute without Court intervention, they shall not file written motions. Rather, the “moving party” 

shall follow Magistrate Judge Reid’s standard discovery procedures. Should the parties have any 

Case 1:22-cv-24262-RKA Document 19 Entered on FLSD Docket 02/09/2023 Page 3 of 6
questions regarding the resolution of discovery issues, counsel should contact the chambers of 

Magistrate Judge Reid at (305) 523-5780.

Summary Judgment. Parties are required to comply with Local Rule 56.1. If a party fails to 

comply with any of the requirements of the Local Rules, the Court may strike the deficient filing and 

require immediate compliance, grant an opposing party relief, or enter any other sanction the Court 

deems appropriate. 

A motion for summary judgment—and the responses in opposition—must be accompanied 

by a Statement of Material Facts. Each material fact must be supported by pincites to the relevant parts 

of record materials, such as depositions, answers to interrogatories, admissions, and affidavits. The 

pincites shall reference specific pages (and, if appropriate, line numbers as well) of the exhibits, 

designate the number and title of each exhibit, and provide the exhibit’s ECF number. When a material 

fact requires specific evidentiary support, a general citation to an exhibit without a pincite (e.g., “Smith 

Affidavit” or “Jones Deposition” or “Exhibit A”) is non-compliant and will be stricken or disregarded. 

All material facts in any party’s Statement of Material Facts may be deemed admitted unless 

controverted by the other party’s Statement of Material Facts, provided that: (i) the Court finds that 

the material fact at issue is supported by properly cited record evidence; and (ii) no other exception under FED.

R. CIV. P. 56 applies.

In addition to filing a Statement of Material Facts, as required under Local Rule 56.1(a), the 

parties shall also file a Joint Statement of Undisputed Facts, which must include all relevant facts about 

which there is no material dispute. Each undisputed fact shall be individually numbered and separated 

by paragraph. This filing is limited to 10 pages and does not otherwise change the parties’ obligation 

to comply with Local Rule 56.1. 

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 

Case 1:22-cv-24262-RKA Document 19 Entered on FLSD Docket 02/09/2023 Page 4 of 6
submit up to five proposed, case-specific 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, in Word format, via e-mail to altman@flsd.uscourts.gov. 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. 

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. Any proposed instruction that modifies an instruction from the 

Eleventh Circuit’s Pattern Jury Instructions must both note the modification and delineate the 

modification in redline (or track changes). The parties shall submit, in Word format via e-mail to 

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

and defenses, prior to the calendar call. For instructions on filing proposed documents, please see 

http://www.flsd.uscourts.gov. 

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. 

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

via telephone (954-769-5680) and/or e-mail (altman@flsd.uscourts.gov).

Case 1:22-cv-24262-RKA Document 19 Entered on FLSD Docket 02/09/2023 Page 5 of 6
DONE AND ORDERED in the Southern District of Florida on February 8, 2023.

_________________________________

ROY K. ALTMAN

UNITED STATES DISTRICT JUDGE

cc: counsel of record

Case 1:22-cv-24262-RKA Document 19 Entered on FLSD Docket 02/09/2023 Page 6 of 6