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IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

MICHAEL E ROWAN,

Plaintiff,

v. CASE NO. 4:10-cv-429-MP-GRJ

WALTER A McNEIL, et al.,

Defendants.

___________________________/

ORDER

On May 16, 2011, the Court entered a Case Management and Scheduling Order

(Doc. 22) which a established a discovery deadline of August 15, 2011. The Court

subsequently granted extensions of the discovery period to both parties, with discovery

concluding on November 29, 2011. Pursuant to the initial Case Management and

Scheduling Order, dispositive motions are due within 20 days of the end of the

discovery period. 

Should neither party file a motion for summary judgement and the case becomes

ready to proceed to trial, the Case Management and Scheduling Order provides that a

“second, brief discovery period will be provided for trial preparation for those claims

which will be going to trial.” (Doc. 22.) In accordance with this provision of the Case

Management and Scheduling Order, the parties shall file separate status reports

providing in detail what, if any, additional discovery is required in the second 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 entry of

judgment in the case. The parties would have the same right of appeal to the Eleventh

Circuit Court of Appeals upon entry of a final judgement. The parties, of course, are

entirely free to withhold such consent without any adverse consequences. If Plaintiff

desires to consent, the form shall be signed and forwarded to Defendants’ counsel. If

Defendants consent, the form shall be signed and filed with 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 consistent with the schedule of counsel. If consent is not

given, the Clerk shall refer the file to a district judge for scheduling the trial consistent

with the district judges’ trial schedule.

Accordingly, it is ORDERED:

1. The parties shall file motions for summary judgment, if any, on or before

December 19, 2011.

2. If no party has filed a dispositive motion on or before December 19, 2011, the

parties are directed to file their status reports with the Court on or before January 3,

2012 advising the Court of the status of discovery and whether this case is ready to

proceed to trial.

Case No: 4:10-cv-00429-MP -GRJ

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3. The Clerk shall send the parties a consent from in accordance with 28 U.S.C.

§ 636(c)(2).

4. If Plaintiff wishes to consent to trial by a magistrate judge he shall sign the

form and send it to Defendants’ counsel on or before January 3, 2012. If Defendants

consent, the form shall be signed and returned within 10 days of receipt.

DONE AND ORDERED this 5 day of December 2011. 

th

s/Gary R. Jones 

GARY R. JONES

United States Magistrate Judge

Case No: 4:10-cv-00429-MP -GRJ

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