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IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

GAINESVILLE DIVISION

GARY ZULLO,

Plaintiff,

v. CASE NO. 1:10-cv-00030-SPM-AK

PESSO DISTRIBUTORS,

Defendant.

_____________________________/

O R D E R

This matter is before the Court on Plaintiff’s Motion to Strike Defendant’s Answer, on

grounds that Defendant, as a corporation, cannot proceed pro se. (Doc. 6). However, Defendant

represents that she is a small business owner, not a corporation. (Docs. 4, 8 and 9). Defendant

also requests that the Court order mediation and expedite this cause. (Doc. 10). While the Court

can appreciate Defendant’s health problems, it cannot order Plaintiff to settle this case, but

settlement is certainly encouraged and mediation will be ordered at a later date. To expedite this

matter, the following schedule shall be implemented.

RULE 16.1(B)(1) ATTORNEY CONFERENCE

No later than thirty days from this date or by July 21, 2010, counsel of record and any

unrepresented parties shall confer, either in person or telephonically, regarding the following

matters, as required by Rule 26(f), Federal Rules of Civil Procedure.

1. Identify the principal factual and legal issues in dispute;

2. Discuss the principal evidentiary basis for claims and defenses;

3. Determine deadlines for joinder of other parties, amendments to the pleadings, the
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filing of motions and responses, and deadlines for designation of experts and their

reports; 

4. Discuss when voluntary disclosure of documents or other information should be

made pursuant to Rule 26.1 [no later than fourteen (14) days after the attorney

conference];

5. Identify any motions whose early resolution would have significant impact on the

scope of discovery or other aspects of the litigation; 

6. Determine what additional discovery is required beyond the voluntary disclosures

and initial depositions of the parties, with designated time limitations;

7. Discuss whether all parties consent to jurisdiction by a magistrate judge;

8. Discuss whether mediation might be helpful;

9. Discuss settlement prospects fully with each other and their respective clients and

represent to the Court that they have done so and communicate the costs of going

through litigation and the appeal process with each’s respective clients and

represent to the Court that they have done so. 

 10. Discuss preparation of a Joint Report, which in cases where the defendants are

proceeding pro se shall be filed by the Plaintiff, and shall include all proposed

scheduling deadlines, as well as a good faith estimate as to when the parties

believe they will be ready for trial and how long that trial might last.

FILING OF JOINT REPORT 

FOURTEEN (14) DAYS AFTER THE MEETING OF THE PARTIES, Plaintiff shall

file a Joint Report setting forth proposed deadlines for completion of discovery (no more than

120 days); joinder of parties and amendment to the pleadings (no more than 90 days from the

close of discovery); designation of experts (at least 60 days prior to close of discovery for

Plaintiff, 30 days prior to close of discovery for Defendant); and the filing of dispositive

motions (usually within 30 days of the close of discovery). The parties shall also include a good

faith estimate as to when the parties believe they will be ready for trial and how long that trial

might last. The Court will promptly consider the parties' filed joint report and will enter an order

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adopting and/or modifying the proposed deadlines within 14 days thereafter.

INTERROGATORIES AND REQUESTS FOR ADMISSIONS

The combined total number of interrogatories or requests for admissions from one party

to another shall not exceed twenty five (25) in number, including all discrete subparts. FED. R.

CIV. P. 33(a), Federal Rules of Civil Procedure. The parties may, upon the filing of a motion and

for good cause shown, seek an enlargement of this number. Interrogatories and the answers

thereto and requests for production or inspection shall not be filed unless needed for a particular

purpose. [See N.D. Fla. Loc. R. 26.2(A)].

RESOLUTION OF DISCOVERY CONTROVERSIES 

The parties must attempt to resolve discovery controversies without the Court's

intervention. The Court will entertain a motion with respect to matters which remain in

controversy only if, after consultation and sincere attempts to resolve differences, counsel are

unable to reach an agreement or resolution. Any motion filed shall include certification that such

attempts have been made, in accordance with Rule 7(B) and Rule 37, Federal Rules of Civil

Procedure, and shall be in the form required by Local Rule 26.2(B). All discovery motions

must be filed before the close of discovery.

ATTORNEYS’ FEES RECORDS

In any proceeding in which a party is seeking attorney's fees from the opposing party to

be awarded by the Court pursuant to a statute, contract, or law, the party seeking such an award

of attorney's fees shall:

(a) Maintain a complete, separate, and accurate record of time (to the nearest l/10

of an hour) devoted to the particular action, recorded contemporaneously with the

time expended, for each attorney and each specific activity (i.e. not just

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“research” or “conference”) involved in the action, and

(b) File a summary of such time record with the Clerk of the Court by the 15th

day of each month during the pendency of the action, for work done during the

preceding month. If the attorney determines that the attorney/client privilege

requires these records be filed under seal, the attorney must, at the time of such

filing, place the records in a sealed envelope no larger than 81⁄2 by 11 inches. The

attorney must also attach to the front of these sealed records a summary, for

filing, of the time records and serve a copy thereof on opposing parties or their

counsel, which summary shall state the total of the hours represented by the

sealed filing, i.e.,

"TOTAL ATTORNEY HOURS THIS FILING" 

"TOTAL NON-ATTORNEY HOURS THIS FILING" 

Attorney time records will not be placed in the general case action file, but will be

maintained in a separate folder in the Clerk's Office. Upon termination of this

case or the determination of attorney's fees, whichever occurs later, all sealed time

records in this civil action will be destroyed.

(c) If claim will be made for services performed by any person not a member of the bar,

a separate time record shall be maintained for each such individual and filed as specified

above, together with the hourly rate at which such person is actually reimbursed.

(d) Time records for past work performed to date in this case shall be filed within

30 days from receipt of this order, or by the required filing date of the current

month's time records, whichever is later.

The purpose of this requirement is to enable the Court to adequately perform its function in

awarding attorney's fees. Failure to comply with these requirements will result in attorney's fees

being disallowed for the required reporting period. A motion for an award of attorney's fees and

related non-taxable expenses should be made in accordance with Rule 54(d), Federal Rules of

Civil Procedure, and must be filed and served within 30 days after entry of judgment.

SUMMARY JUDGMENT MOTIONS 

Any motion for summary judgment filed pursuant to Rule 56 (or Rule 12(b)(6) which

requires reference to matters outside the pleading), Federal Rules of Civil Procedure, shall be

accompanied by a separate, short and concise statement of the material facts as to which the

moving party contends there is no genuine issue to be tried. Failure to submit such a statement

constitutes grounds for denial of the motion.

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The statement shall reference the appropriate deposition, affidavit, interrogatory,

admission, or other source of the relied-upon material fact, by page, paragraph, number, or other

detail sufficient to permit the Court to readily locate and check the source.

The party opposing a motion for summary judgment shall, in addition to other papers or

matters permitted by the rules, file and serve a separate, short and concise statement of the

material facts as to which it is contended that there exists a genuine issue to be tried, in the

format set forth above.

All material facts set forth in the statement required to be served by the moving party will

be deemed to be admitted unless controverted by the statement required to be filed and served by

the opposing party. [See N.D. Fla. Loc. R. 56.1(A)].

AMENDMENTS 

This order may be amended by the Court on its own motion or upon motion of any party. 

Accordingly, it is

ORDERED AND ADJUDGED:

1. That Plaintiff’s Motion to Strike (doc. 6) is DENIED, but without prejudice to again

so move if the motion can be supported by documentation establishing that Defendant is a

corporate entity.

2. The parties shall confer and file a Joint Report as directed above.

DONE AND ORDERED this 21st day of June, 2010. 

 s/ Stephan P. Mickle 

Stephan P. Mickle

Chief United States District Judge

Case No: 1:10-cv-00030-SPM-AK