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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF FLORIDA

PANAMA CITY DIVISION 

DWIGHT J. PORTER, 

Plaintiff, 

v. Case No.: 5:10-cv-206-RS-GRJ

 COLONEL BAXTER ,et al.,

Defendants. 

____________________________/ 

O R D E R

In the Court’s Order dated March 8, 2012 adopting the Report and

Recommendation, Defendants Simmons, Durance, and Tyus were dropped from the

case. (Doc. 57.) Plaintiff’s claims against Defendants Lee, Dudley, and Baxter,

however, remain for resolution by the fact finder. The Court, therefore, needs to enter

an amended case management and scheduling order. 

On March 21, 2012 the Court entered a Case Management And Scheduling

Order (Doc. 59) which established a discovery deadline but which further provided in

relevant part that: “[T]he parties are advised that a second, brief discovery period will be

provided for trial preparation for those claims which will be going to trial.” Doc. 59, ¶ (1). 

In accordance with this provision of the Case Management and Scheduling Order, the

parties must file separate status reports providing in detail what, if any, additional

discovery is required in the “second brief discovery period” and how much additional

time is needed to complete discovery for trial preparation. If no additional discovery is

required the parties shall advise the Court in the status reports that this matter should

be set for trial. 
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Further, because of the nature of the claims in this case the parties are

encouraged to consider consenting to trial before a magistrate judge. Pursuant to 28

U.S.C. § 636(c)(1) and N.D. Fla. Loc. R. 73.1 the parties may consent to full trial

before the undersigned, a magistrate judge. Upon consent of the parties a

magistrate judge may conduct any or all proceedings in a jury or non-jury civil

matter and order the entry of judgment in the case. The parties w ould have the

same right of appeal to the Eleventh Circuit Court of Appeals upon entry of a final

judgment. The parties, of course, are entirely free to w ithhold such consent w ithout

any adverse consequences. If Plaintiff desires to consent, the form shall be signed

and forw arded to Defendants’ counsel. If Defendants consent, the form shall be

signed and filed w ith the Clerk of Court.

In the event the parties advise in their status reports that each of them is

prepared for trial, and the parties consent to trial before the undersigned magistrate

judge, the Clerk is directed to refer the case to the undersigned and a trial will be

scheduled for a date certain. If consent is not given, the Clerk shall refer the file to

the assigned district judge for scheduling the trial consistent w ith his trial schedule.

Accordingly, it is ORDERED:

1. The parties shall file their status reports by March 4, 2013 advising the Court

of the status of discovery, and whether this case is ready to proceed to trial.

2. The Clerk of Court shall send the parties a consent form in accordance with

28 U.S.C. § 636(c)(2).

3. If Plaintiff wishes to consent, within fifteen days from the date of this order he

Case No: 5:10-cv-206-RS-GRJ
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shall sign the form and send it to Defendant’s counsel. If Defendant consents, the form 

shall be signed and filed within 10 days of receipt.

DONE AND ORDERED this 11 day of February 2013. 

th

s/Gary R. Jones 

GARY R. JONES

United States Magistrate Judge

Case No: 5:10-cv-206-RS-GRJ