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UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

www.flsb.uscourts.gov

In re:

Name of Debtor(s)

Dard Defrand

Case Number: 20-22409-RBR

Plaintiff(s)

Nationwide Judgment Recovery, Inc.

Adversary Number: 21-01047

vs.

Defendant(s)

Dard Defrand

/

ORDER SETTING FILING AND DISCLOSURE 

REQUIREMENTS FOR PRETRIAL AND TRIAL

To expedite and facilitate the trial of this adversary proceeding, it is ORDERED as follows:

Peter D. Russin, Judge

United States Bankruptcy Court

_____________________________________________________________________________

ORDERED in the Southern District of Florida on October 22, 2021.

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1. ATTENDANCE AT PRETRIAL CONFERENCE. Unless judgment has been 

entered or the Court advises the parties that the pretrial conference has been 

continued or canceled, counsel for all parties (or the parties themselves, if 

unrepresented) must appear at the pretrial conference. 

2. PRETRIAL CONFERENCE DATE AND TRIAL DATE. The pretrial conference will 

be held at:

Date: 1/27/2022

Time: 10:00 AM

Location: U. S. Bankruptcy Court, 299 E Broward Blvd., Ft. Lauderdale, 

FL 33301

Zoom Option:

ihttps://www.zoomgov.com/meeting/register/vJItcOqurD4qHUbwAimENeAkZ7QUKGh

cZ7k

At the pretrial conference, the Court will set the trial of this adversary proceeding.

3. CONTINUANCES. Continuances of the pretrial conference or trial or any 

deadlines set forth in this order must be requested by written motion. Any request 

for continuance or amendment to this order must set forth the status of discovery, 

including exchange of disclosures required under this order, must state the 

reasons why the party or parties seek a continuance, and must state whether the 

client and other parties consent to a continuance. The stipulation of all parties is 

not sufficient grounds, standing alone, for a continuance.

4. DEADLINE FOR DISPOSITIVE MOTIONS. The deadline for filing motions for 

judgment on the pleadings or motions for summary judgment is ten days* before 

the pretrial conference. Absent good cause, failure to file and serve such a motion

in a timely manner constitutes waiver of the right to do so. All dispositive motions, 

responses, and replies must comply with the page limits set forth in the Scheduling 

Order. Any motion for summary judgment must also comply with Local Rule 

7056−1, if applicable.

5. DISCLOSURES. The disclosures required by Rules 26(a)(1), 26(a)(2), and 

26(a)(3)(A), Fed. R. Civ. P. must be made by the following deadlines:

a. The initial disclosures required by Rule 26(a)(1), Fed. R. Civ. P., must be made 

not later than 14 days* after entry of this Order.

b. The disclosures of expert testimony under Rule 26(a)(2), Fed. R. Civ. P., must 

 This deadline is the default and minimum deadline required by the Court, however the parties are free to agree to 

and propose any other reasonable deadline, subject to Court approval at the Status Conference.

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be made (i) at least 60 days* before the pretrial conference or (ii) within 14 

days* after an opposing party’s disclosure of evidence that gives rise to the 

need for the expert, whichever is later. The party disclosing an expert witness 

must, within 14 days* of the disclosure, provide to each opposing party a 

written report prepared and signed by the witness as required by Rule 

26(a)(2)(B), Fed. R. Civ. P.

c. The pretrial disclosures under Rule 26(a)(3)(A), Fed. R. Civ. P., must be made 

no later than one business day before the pretrial conference. 

d. All disclosures under Rules 26(a)(1), 26(a)(2), and 26(a)(3)(A), Fed. R. Civ. P., 

must be made in writing, signed, served, and, except for copies of exhibits and 

expert witness reports, be filed with the Court.

6. SUMMARIES TO PROVE CONTENT. If any party intends to offer in evidence at 

trial a summary, chart or calculation to prove content as permitted by Federal Rule 

of Evidence 1006, that party must provide to the other parties a notice of the 

location(s) of the books, records, and the like, from which each summary has been 

made, and the reasonable times when they may be inspected and copied by 

adverse parties, as soon as practicable but in no event later than seven days

before the pretrial conference.

7. DISCOVERY. The parties must complete discovery not later than 14 days* before 

the pretrial conference, except that any previously scheduled depositions may be 

completed up to one business day before the pretrial conference. The Court will 

allow discovery after the pretrial conference only upon a showing of good cause. 

8. JOINT PRETRIAL STIPULATION WHERE ALL PARTIES REPRESENTED BY 

COUNSEL. If any party is not represented by counsel in this proceeding as of the 

date of entry of this Order, this paragraph will not apply. All parties to this 

proceeding must meet (in person, if geographically feasible, and otherwise by 

video conference or by telephone) not later than 14 days before the pretrial 

conference to confer on the preparation of a Joint Pretrial Stipulation in 

substantially the form of Local Form 63C. The plaintiff must file the fully executed 

Joint Pretrial Stipulation no later than one business day before the pretrial 

conference. The Court will not accept unilateral statements and will strike sua 

sponte any such submissions. Should any of the parties fail to cooperate in the 

preparation of the Joint Pretrial Stipulation, any other party may file a motion 

requesting an order to show cause why such party or parties (and/or their counsel) 

should not be held in contempt and sanctioned for failure to comply with this order. 

9. SUBMISSION AND EXCHANGE OF EXHIBITS. 

a. SUBMISSION AND EXCHANGE OF EXHIBITS. All exhibits must be submitted 

and exchanged pursuant to the requirements of Local Rule 9070-1.

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b. OBJECTIONS TO EXHIBITS. Any objection to the admissibility of any 

proposed exhibit must be filed and served, so as to be received no later than 

4:00 p.m. two business days before trial. Objections to any deposition 

transcripts, including a recording (audio or video) or summary thereof, must 

follow the procedure specified in this paragraph: 

(1) The objection must: (a) identify the exhibit, (b) state the grounds for the 

objection, and (c) provide citations to case law and other authority in 

support of the objection. 

(2) An objection not so made − except for one under Federal Rule of Evidence 

402 or 403 − is waived unless excused by the Court for good cause. 

(3) All parties must comply with the requirements regarding exhibits set forth 

in Local Rule 9070-1. 

10.EXHIBITS TO BE USED DURING TRIAL. The parties are strongly encouraged to 

use the Court’s information technology equipment to show exhibits at trial. The 

parties are further encouraged to contact the courtroom deputy in advance of the 

trial for access to the equipment to ensure counsel can properly use the equipment 

at trial. Unless otherwise ordered, each party must bring at least one paper copy 

of its exhibit register for the Court’s use, and at least two hard-copy books of all its 

exhibits, for witnesses and the Court.

11.FINAL ARGUMENT. At the conclusion of the trial, in lieu of final argument, the 

Court may request that each party file with the Court (a) a written closing statement 

with supporting legal argument or (b) a proposed memorandum opinion with 

findings of fact and conclusions of law with a separate proposed final judgment. 

Each submission must contain individually numbered paragraphs and follow the 

formatting requirements set forth in Part Two of the Court’s Guidelines for 

Preparing, Submitting, and Serving Orders. Each proposed finding of fact must be 

supported by a citation to the record, or it will be disregarded. Each proposed 

conclusion of law must be supported by a citation to applicable law, or it will be 

disregarded. Absent prior permission of the Court, submissions may not exceed a 

total of twenty pages. If specifically requested, the Court may also direct the 

parties to submit a copy of the proposed memorandum opinion with findings of fact 

and conclusions of law, along with a copy of the separate proposed final judgment, 

in word processing format to an electronic mailbox designated by the Court. The 

filer must include in the “subject” line of the email the case name and number and 

the date of the relevant hearing. 

12.FAILURE TO ATTEND PRETRIAL CONFERENCE; SANCTIONS. Failure to 

comply with any provision of this order or failure to appear at the pretrial 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. 

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13.SERVICE. Plaintiff(’s)(s’) counsel must serve a copy of this Order on the 

defendant(s) and file an appropriate certificate of service in accordance with Local 

Rule 5005-1(G)(2). 

# # #

Submitted by:

Martin L. Sandler, Esq.

3390 Mary Street, Suite 116

Miami, FL 33133

Attorney Sandler is directed to serve a copy of this order on all parties in this case and file a certificate of 

service.

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