Form CGFD106 (12/01/2020)

ORDERED in the Southern District of Florida on January 6, 2021

Erik P. Kimball

United States Bankruptcy Judge

United States Bankruptcy Court

 Southern District of Florida

www.flsb.uscourts.gov

In re:

Name of Debtor(s): Frank Gabriel Cavallino

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Case Number: 20−22282−EPK

AIXO, LLC

Plaintiff(s)

VS.

Frank Gabriel Cavallino

Defendant(s)

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Adversary Number: 21−01001−EPK

ORDER SETTING STATUS CONFERENCE AND

ESTABLISHING PROCEDURES AND DEADLINES

 To secure the just, speedy, and inexpensive determination of this adversary proceeding, it is

ORDERED as follows:

1. STATUS CONFERENCE. The Court will conduct a status conference at the date and time set

forth in the Summons issued in this adversary proceeding. The parties may not introduce

testimony or documentary evidence at the status conference. The Court may, however, consider

relevant undisputed facts, judicial notice items, and admissions made during the status

conference by parties either directly or through counsel.

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2. RIGHT TO JURY TRIAL; WAIVER. Unless each party has timely filed a statement of consent

under Local Rule 9015−1(B), and unless otherwise ordered by the Court, not later than fourteen

days before the date first set for the status conference, each party requesting a jury trial on any

issue in this proceeding must file with this Court a motion for withdrawal of the reference

pursuant to Local Rule 5011−1. FAILURE OF ANY PARTY TO FILE A MOTION TO

WITHDRAW THE REFERENCE ON OR BEFORE THE DEADLINE PROVIDED IN THIS

PARAGRAPH CONSTITUTES WAIVER BY SUCH PARTY OF ANY RIGHT TO TRIAL BY

JURY IN THIS PROCEEDING.

3. OBJECTION TO ENTRY OF FINAL ORDERS AND JUDGMENTS BY THE BANKRUPTCY

COURT; CONSENT. Unless otherwise ordered by the Court, not later than fourteen days

before the date first set for the status conference, each party objecting to the entry of final orders

or judgments by this Court on any issue in this proceeding must file with this Court a motion

pursuant to Rule 7016(b), Fed. R. Bankr. P., requesting that this Court determine whether this

proceeding is subject to the entry of final orders or judgments by this Court. Any such motion will

be treated as an objection to the entry of final orders or judgments by this Court. FAILURE OF

ANY PARTY TO FILE A MOTION ON OR BEFORE THE DEADLINE PROVIDED IN THIS

PARAGRAPH CONSTITUTES CONSENT BY SUCH PARTY TO THIS COURT ENTERING

ALL APPROPRIATE FINAL ORDERS AND JUDGMENTS IN THIS PROCEEDING. Nothing in

this paragraph limits this Court's ability to determine whether this proceeding is subject to entry

of final orders or judgments by this Court.

4. FRBP 7026 AND APPLICABILITY OF RULE 26, FED. R. CIV. P. Except as otherwise ordered

by the Court, Rules 26(d)(1) and 26(d)(2), Fed. R. Civ. P., do not apply to this adversary

proceeding, and Rule 26(f), Fed. R. Civ. P. applies only to the extent set forth in this Order.

5. MEETING OF PARTIES. At least 14 days before the status conference, the attorneys for the

parties (or, if a party is not represented by an attorney, the party) must meet (in person, if

geographically feasible, and otherwise by video conference or by telephone) to discuss:

a. the parties' claims and defenses;

b. the possibility of settlement;

c. the initial disclosures required by Rule 26(a)(1), Fed. R. Civ. P.;

d. a discovery plan as required by Rule 26(f), Fed. R. Civ. P.;

e. any e−discovery issues in accordance with Local Rule 7026−2; and

f. proposed dates and deadlines to be set forth in a pretrial scheduling order, including

dates and deadlines for:

(1) making the initial disclosures required by Rule 26(a)(1), Fed. R. Civ. P.;

(2) completion of discovery;

(3) expert disclosures as required by Rule 26(a)(2), Fed. R. Civ. P., and

completion of expert discovery (if applicable);

(4) filing motions for judgment on the pleadings or summary judgment;

(5) conducting mediation;

(6) pretrial disclosures as required by Rule 26(a)(3)(A), Fed. R. Civ. P.; and

(7) a final pretrial conference.

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6. PRETRIAL SCHEDULING ORDER. At the status conference, the parties must announce the

proposed dates and deadlines as required in paragraph 5.f. above, to be set forth in a proposed

form of pretrial scheduling order, which will be entered after the conclusion of the status

conference. Unless otherwise permitted by the Court, the pretrial scheduling order must be in

substantially the form of this Court's standard form Order Setting Filing and Disclosure

Requirements for Pretrial and Trial, with the only material variations being the agreed−upon

dates and deadlines required in paragraph 5.f. above. If the parties fail to agree on a pretrial

scheduling order by the time of the status conference, the Court will select a date for the pretrial

conference and enter the Court's standard form of Order Setting Filing and Disclosure

Requirements for Pretrial and Trial with the default dates and deadlines set forth therein (unless

the Court determines otherwise).

7. DISCOVERY DISPUTES. If a discovery dispute occurs, the parties must first, as required by

Fed. R. Civ. P. 37(a)(1), as incorporated by Fed. R. Bankr. P. 7037, confer in good faith to

attempt to resolve the issues, before filing a motion with the Court.

8. DISPOSITIVE MOTIONS. Absent prior permission of the Court, no party may file any motion to

dismiss, motion for judgment on the pleadings, motion for summary judgment, or response

thereto, exceeding twenty pages in length, and no party may file any reply exceeding ten pages

in length. Title pages preceding the first page of text, signature pages, and certificates of service

are not counted as pages for purposes of this paragraph.

If a party submits affidavits, declarations, or other materials in support of or in opposition to a

motion for summary judgment, then: (A) the movant must serve with the motion all such

materials; and (B) the opposing party must serve with the response all such materials in

opposition to the motion. Any reply must be strictly limited to rebuttal of matters raised in the

response. Absent prior permission of the Court, in connection with any motion for summary

judgment no party may file affidavits or declarations that exceed twenty pages in the aggregate.

Filing multiple motions for summary judgment is prohibited, absent prior permission of the Court.

This prohibition is not triggered when, as permitted by Rule 12(d), Fed. R. Civ. P., the Court

elects to treat a motion filed pursuant to Rule 12(b) or 12(c), Fed. R. Civ. P., as a summary

judgment motion.

9. COMPLIANCE WITH FEDERAL JUDICIARY PRIVACY POLICY. All papers, including exhibits,

submitted to the Court must comply with the federal judiciary privacy policy as referenced under

Local Rule 5005−1(A)(2).

10. MEDIATION. Pursuant to Local Rule 9019−2, the Court may order the assignment of this

proceeding to mediation at the status conference or at any other time, upon the request of a

party or sua sponte.

11. SETTLEMENT. If the adversary proceeding is settled, the parties must submit to the Court a

stipulation or proposed judgment approved by all parties before the date of trial. If a judgment or

stipulation is not submitted to the Court, all parties must be prepared to go to trial in accordance

with the pretrial scheduling order. If the adversary proceeding is removed from the trial calendar

based upon the announcement of a settlement, the adversary proceeding will not be reset for

trial if the parties fail to consummate the settlement. In such event, the Court will consider only a

motion to enforce the settlement, unless the sole reason the settlement is not consummated is

that the Court did not approve the settlement, in which case the matter will be reset for trial at a

later date.

12. DEFAULT. If any defendant fails to answer or otherwise respond to the complaint in a timely

manner, the plaintiff(s) must promptly seek entry of a clerk's default pursuant to Fed. R. Bankr.

P. 7055(a), and Local Rule 7055−1, and must promptly move for default judgment. Unless

judgment has been entered or the Court advises the plaintiff(s) that the status conference has

been continued or canceled, the plaintiff(s) must appear at the status conference.

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13. SANCTIONS. Failure to comply with any provision of this order or failure to appear at the status

conference may result in appropriate sanctions, including the award of attorney's fees, striking of

pleadings, dismissal of the action, or entry of default judgment.

14. CONTINUANCES. Except for brief continuances sought pursuant to Local Rule 7004−2(B) or to

accommodate the schedules of counsel (or the parties, if unrepresented), the Court will continue

the status conference only in extraordinary circumstances. Any request to continue the status

conference or any deadlines set forth in this order must be presented by written motion, and

must set forth the status of service of process, the pleadings, and the pendency of any

potentially dispositive motions, and must state the reasons why the party or parties seek a

continuance.

15. SERVICE. Plaintiff('s)(s') counsel must serve a copy of this order on the defendant(s) with the

summons and complaint.

# # # 

A copy of this order was furnished to Allison L Friedman on behalf of the Plaintiff on January 6, 2021.

By: Randy Eisenberg

Deputy Clerk

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