Pessano et al v. Google, Inc.

Filing 4

NOTICE of designation under Local Rule 3.05 - track 3 (CLM)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
JON PESSANO, etc., et al.,
Plaintiff(s),
vs.

Case No. 8:11-cv-1026-T-17EAJ

GOOGLE, INC.,
Defendant(s).
______________________________________
NOTICE OF DESIGNATION UNDER LOCAL RULE 3.05
Please take notice that, in accordance with Local Rule 3.05, this action is designated as a

Track Three Case. All parties must meet any requirements established in Local Rule 3.05 for
cases designated as track three. Counsel and any unrepresented party shall meet within sixty days
after service of the complaint upon any defendant for the purpose of preparing and filing a Case
Management Report. Parties should utilize the attached Case Management Report form. Plaintiff
is responsible for serving a copy of this notice and any attachment to this notice upon all other
parties.
SHERYL L. LOESCH, CLERK

By:
Date:

Cindy Leigh-Martin, Deputy Clerk

May 13, 2011

Distribution:
-Original in Court file
-Copies to plaintiff(s) [including habeas petitioner(s), bankruptcy appellants(s), and removing
defendant(s)]
-Case Management Report form attached to notice designating Track Two or Three Case

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
Tampa Division
Plaintiff
v.
Defendant

Case No.

CASE MANAGEMENT REPORT
1.
Meeting of Parties: Pursuant to Local Rule 3.05(c)(2)(B) or (c)(3)(A), a
(date) at
(time) (check one) (__) by telephone (or)
meeting was held on

(__) at

(place)
Name

2.

and was attended by:
Counsel for (if applicable

Initial Disclosures:

a. Fed. R. Civ. P. 26(a)(1) as amended December 1, 2000 provides
that "[e]xcept in categories of proceedings specified in Rule 26(a)(1)(E), or to
the extent otherwise stipulated or directed by order, a party must, without
awaiting a discovery request, provide to other parties: (A) the name and, if
known, the address and telephone number of each individual likely to have
discoverable information that the disclosing party may use to support its
claims or defenses, unless solely for impeachment, identifying the subjects
of the information; (B) a copy of, or a description by category and location
of, all documents, data compilations, and tangible things that are in the
possession, custody, or control of the party and that the disclosing party
may use to support its claims or defenses, unless solely for impeachment;
(C) a computation of any category of damages claimed by the disclosing
party, making available for inspection and copying as under Rule 34 the
documents or other evidentiary material, not privileged or protected from
disclosure, on which such computation is based, including materials bearing
on the nature and extent of injuries suffered; and (D) for inspection and
copying as under Rule 34 any insurance agreement under which any person
Rev: 4/01

carrying on an insurance business may be liable to satisfy part or all of a
judgment which may be entered in the action or to indemnify or reimburse
for payments made to satisfy the judgment." Fed. R. Civ. P.26(a)(1).1
The parties

(check one)

have exchanged information referenced by Fed. R. Civ. P.
26(a)(1)(A)-(D) or agree to exchange such information on or
(date).2
before
_______

stipulate to not disclose information referenced by Fed. R. Civ.
P. 26(a)(1)(A)-(D) for the specific reason(s) that:
____________________________________________________________
____________________________________________________________
____________________________________________________________

_______

have been unable to reach agreement on whether to disclose
information referenced by Fed. R. Civ. P. 26(a)(1)(A)-(D).
(Identify party or parties) __________________________ objects to
disclosure of such information for the specific reason(s) that:
____________________________________________________________
____________________________________________________________
____________________________________________________________

3.
Discovery Plan - Plaintiff: The parties jointly propose the following
Plaintiff's discovery plan:
a. Plaintiff's Planned Discovery: A description of every discovery
effort Plaintiff plans to pursue is described below. The description of each
discovery effort will be listed under the appropriate heading below and will
include the subject matter of the discovery and the time during which the
discovery will be pursued:

1

A party must make its initial disclosures based on the information then reasonably available to it
and is not excused from making its disclosures because it has not fully completed its investigation of the
case or because it challenges the sufficiency of another party's disclosures or because another party has
not made its disclosures. See Fed. R. Civ. P. 26(a)(1).
2

Information referenced by Fed. R. Civ. P. 26(a)(1)(A)-(D) must be made "at or within 14 days of
the Rule 26(f) conference unless a different time is set by stipulation or court order, or unless a party objects
during the conference that initial disclosures are not appropriate in the circumstances of the action and
states the objection in the Rule 26(f) discovery plan." Fed. R. Civ. P. 26(a)(1). Any party first served or
otherwise joined after the Rule 26(f) conference must make these disclosures within 30 days after being
served or joined unless a different time is set by stipulation or court order. See Fed. R. Civ. P. 26(a)(1).
Rev: 4/01

Case Management Report
Page 3
(1) Requests for Admission:

Number of Requests for Admission: Parties may seek to limit the
number of Plaintiff's requests for admission in accordance with Fed. R.
Civ. P. 26(b)(2). Any such request must be made in paragraph 6
below and approved by the court.
(2) Written Interrogatories:

Number of Interrogatories: Local Rule 3.03(a) provides "[u]nless
otherwise permitted by the Court for cause shown, no party shall
serve upon any other party, at one time or cumulatively, more than
twenty-five (25) written interrogatories pursuant to Rule 33,
Fed.R.Civ.P., including all parts and subparts." Any request by
Plaintiff to exceed this limit must be made in paragraph 6 below and
approved by the court.

(3) Requests for Production or Inspection:

Rev: 4/01

Case Management Report
Page 4

(4) Oral Depositions:

Number of Depositions: Local Rule 3.02(b) provides, "[i]n accordance
with Fed. R. Civ. P. 30(a)(2)(A) and 31(a)(2)(A), no more than ten
depositions per side may be taken in any case unless otherwise
ordered by the Court." Any request by Plaintiff to exceed this limit
must be made in paragraph 6 below and approved by the court.
Time Permitted for Each Deposition: Each deposition is limited to
one day of seven hours in accordance with Fed. R. Civ. P. 30(d)(2)
unless extended by agreement of the parties or order of Court.
The parties stipulate/request a court order to extend the time to take
the deposition of the following individuals:
Name

Proposed length
of Deposition

Grounds

Name

Proposed length
of Deposition

Grounds

(cont'd)

Rev: 4/01

Case Management Report
Page 5

b. Disclosure of Expert Testimony: Parties stipulate, in accordance
with Fed. R. Civ. P. 26(a)(2)(C), that Plaintiff's Fed. R. Civ. P. 26(a)(2)
disclosure will be due as noted here:

c. Supplementation of Disclosures and Responses: Parties agree that
Plaintiff's supplementation under Fed. R. Civ. P. 26(e) will be provided at the
following times:

d. Completion of Discovery: Plaintiff will commence all discovery in
time for it to be completed on or before
(date).
4.
Discovery Plan - Defendant: The parties jointly propose the following
Defendant's discovery plan:
a. Defendant's Planned Discovery: A description of every discovery
effort Defendant plans to pursue is described below. The description of each
discovery effort will be listed under the appropriate heading below and will
include the subject matter of the discovery and the time during which the
discovery will be pursued:
(1) Requests for Admission:

Number of Requests for Admission: Parties may seek to limit the
number of Defendant's requests for admission in accordance with Fed.
R. Civ. P. 26(b)(2). Any such request must be made in paragraph 6
below and approved by the court.
Rev: 4/01

Case Management Report
Page 6
(2) Written Interrogatories:

Number of Interrogatories: Local Rule 3.03(a) provides "[u]nless
otherwise permitted by the Court for cause shown, no party shall
serve upon any other party, at one time or cumulatively, more than
twenty-five (25) written interrogatories pursuant to Rule 33,
Fed.R.Civ.P., including all parts and subparts." Any request by
Defendant to exceed this limit must be made in paragraph 6 below and
approved by the court.
(3) Requests for Production or Inspection:

(4) Oral Depositions:

Rev: 4/01

Case Management Report
Page 7
Number of Depositions: Local Rule 3.02(b) provides, "[i]n accordance
with Fed. R. Civ. P. 30(a)(2)(A) and 31(a)(2)(A), no more than ten
depositions per side may be taken in any case unless otherwise
ordered by the Court." Any request by Defendant to exceed this limit
must be made in paragraph 6 below and approved by the court.
Time Permitted for Each Deposition: Each deposition is limited to one
day of seven hours in accordance with Fed. R. Civ. P. 30(d)(2) unless
extended by agreement of the parties or order of Court.
The parties stipulate/request a court order to extend the time to take
the deposition of the following individuals:
Name

Proposed length
of Deposition

Grounds

b. Disclosure of Expert Testimony: Parties stipulate, in accordance
with Fed. R. Civ. P. 26(a)(2)(C), that Defendant's Fed. R. Civ. P. 26(a)(2)
disclosure will be due as noted here:

c. Supplementation of Disclosures and Responses: Parties agree that
Defendant's supplementation under Fed. R. Civ. P. 26(e) will be provided at
the following times:

d. Completion of Discovery: Defendant will commence all discovery
in time for it to be completed on or before
(date).

Rev: 4/01

Case Management Report
Page 8
5.
Joint Discovery Plan - Other Matters: Parties agree on the following
other matters relating to discovery (e.g., handling of confidential information,
assertion of privileges, whether discovery should be conducted in phases or be
limited to or focused upon particular issues):

6.
Disagreement or Unresolved Issues Concerning Discovery Matters:
Any disagreement or unresolved issue will not excuse the establishment of
discovery completion dates. The parties are unable to agree as to the following
issues concerning discovery:

7.
Third Party Claims, Joinder of Parties, Potentially Dispositive Motions:
Parties agree that the final date for filing motions for leave to file third party claims,
motions to join parties, motions for summary judgment, and all other potentially
dispositive motions should be
. (Note time limit in Local Rule 4.03.)

8. Settlement and Alternative Dispute Resolution: Pursuant to Local Rule
3.05(c)(2)(C)(v), the parties submit the following statement concerning their intent
regarding Alternative Dispute Resolution:
Parties agree that settlement is
likely
(check one)
unlikely.
Parties agree to consent to binding arbitration pursuant to Local Rules 8.02(a)(3)
and 8.05(b).
yes
no
likely to agree in future
If binding arbitration is not agreed to, the court may order nonbinding arbitration
Rev: 4/01

Case Management Report
Page 9
pursuant to Chapter Eight of the Local Rules of the Middle District of Florida,
mediation pursuant to Chapter Nine of the Local Rules of the Middle District of
Florida, or both.
9. Consent to Magistrate Judge Jurisdiction: The parties agree to consent
to the jurisdiction of the United States Magistrate Judge for final disposition,
including trial. See 28 U.S.C. § 636.
yes

no

likely to agree in future

10. Preliminary Pretrial Conference:
Track Three Cases: Local Rule 3.05(c)(3)(B) provides that preliminary pretrial
conferences are mandatory in Track Three Cases.
Track Two Cases: Parties
request
(check one)
do not request
a preliminary pretrial conference before entry of a Case Management and
Scheduling Order in this Track Two case. Unresolved issues to be addressed at
such a conference include:

11. Final Pretrial Conference and Trial: Parties agree that they will be
(date) and for trial on
ready for a final pretrial conference on or after
or after
(date). This Jury
Non-Jury
trial is expected to take
hours.
approximately
12. Pretrial Disclosures and Final Pretrial Procedures: Parties acknowledge
that they are aware of and will comply with pretrial disclosures requirements in
Fed. R. Civ. P. 26(a)(3) and final pretrial procedures requirements in Local Rule
3.06.
13.
Rev: 4/01

Other Matters:

Case Management Report
Page 10

Date:
Signature of Counsel (with information
required by Local Rule 1.05(d)) and
Signature of Unrepresented Parties

Rev: 4/01

AO 85 (Rev. 01/09) Notice, Consent, and Reference of a Civil Action to a Magistrate Judge

UNITED STATES DISTRICT COURT
for the

Plaintiff
v.

Defendant

)
)
)
)
)
)
)

Civil Action No.

NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE
Notice of a magistrate judge’s availability. A United States magistrate judge of this court is available to conduct all proceedings in this civil
action (including a jury or nonjury trial) and to order the entry of a final judgment. The judgment may then be appealed directly to the United States court
of appeals like any other judgment of this court. A magistrate judge may exercise this authority only if all parties voluntarily consent.

You may consent to have your case referred to a magistrate judge, or you may withhold your consent without adverse substantive consequences.
The name of any party withholding consent will not be revealed to any judge who may otherwise be involved with your case.

Consent to a magistrate judge’s authority. The following parties consent to have a United States magistrate judge conduct all proceedings in
this case including trial, the entry of final judgment, and all post-trial proceedings.

Parties’ printed names

Signature of parties or attorneys

Dates

Reference Order
IT IS ORDERED: This case is referred to a United States magistrate judge to conduct all proceedings and order the entry
of a final judgment in accordance with 28 U.S.C. § 636 (c) and Fed. R. Civ. P. 73.

Date:
District Judge’s signature

Printed name and title

Note:

Return this form to the clerk of court only if you are consenting to the exercise of jurisdiction by a United States magistrate judge. Do not
return this form to a judge.