Gibson et al v. White's Place, LLC et al

Filing 80

ORDER denying 29 Motion to Dismiss for Failure to State a Claim; denying 30 Motion to Dismiss for Failure to State a Claim. Plaintiffs are directed to amended their complaint not later than 10/16/2017; Defendants are directed to file an answer not later than 11/13/2017; not later than 10/16/2017 the parties shall submit a revised case management report. Signed by Judge Timothy J. Corrigan on 9/20/2017. (Attachments: # 1 Case Management Report Form) (JJB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION

Plaintiff(s),
v.

Case No.

Defendant(s).
______________________________________
CASE MANAGEMENT REPORT
The parties have agreed on the following dates and discovery plan pursuant to
Fed.R.Civ.P. 26(f) and Local Rule 3.05(c):

DEADLINE OR EVENT

AGREED DATE

Mandatory Initial Disclosures (pursuant to Fed.R.Civ.P.
26(a)(1))
[Court recommends 30 days after CMR meeting]

Certificate of Interested
Disclosure Statement

Persons

and

Corporate

[all parties are directed to complete and file the attached]

Motions to Add Parties or to Amend Pleadings
Disclosure of Expert Reports
Plaintiff:
Defendant:
Discovery Deadline
[Court recommends 5 months before trial to allow time for
dispositive motions to be filed and decided; all discovery must be
commenced in time to be completed before this date]

Dispositive and Daubert Motions
[Court requires 4 months or more before trial term begins]

DEADLINE OR EVENT

AGREED DATE
(month, year)

Trial Term Begins
[Local Rule 3.05 (c)(2)(E) sets goal of trial within 1 year of filing
complaint in most Track Two cases, and within 2 years in all Track
Two cases; trial term must not be less than 4 months after
dispositive motions deadline (unless filing of such motions is
waived). Trials before the District Judge will generally be set on a
rolling trial term toward the beginning of each month, with a Final
Pretrial Conference to be set by the Court the preceding month. If
the parties consent to trial before the Magistrate Judge, they will be
set for a date certain after consultation with the parties]

Estimated Length of Trial [trial days]
Jury / Non-Jury
Mediation
Deadline:
Mediator:
Address:

Telephone:
[Mediation is mandatory in most Track Two cases; Court
recommends either 2 - 3 months after CMR meeting, or just after
discovery deadline; if the parties do not so designate, the Court will
designate the mediator and the deadline for mediation. A list of
certified mediators is available on the Court’s website and from the
Clerk’s Office.]

All Parties Consent to Proceed Before Magistrate Judge

Yes____

No____

If yes, the parties shall complete and all counsel and/or
unrepresented parties shall execute the attached Form AO-85.

I.

Meeting of Parties
Lead counsel shall meet in person or, upon agreement of all parties, by telephone.

(If all parties agree to conduct the case management conference by telephone, they may
do so without filing a motion with the Court.) Pursuant to Local Rule 3.05(c)(2)(B) or
(c)(3)(A), a meeting was held on ___________________ (date) at
was attended by:

(time)

and

Name

Counsel for (if applicable)

_______________________________________

_________________________________

_______________________________________

_________________________________

_______________________________________

_________________________________

II.

Preliminary Pretrial Conference
Local Rule 3.05(c)(3)(B) provides that preliminary pretrial conferences are

mandatory in Track Three cases.
Track Two cases: Parties

(check one) [__] request

[__] 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:
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
III.

Pre-Discovery Initial Disclosures of Core Information
Fed.R.Civ.P. 26(a)(1)(A) - (D) Disclosures
The parties

(check one)

[__] have exchanged [__] agree to exchange information

described in Fed.R.Civ.P. 26(a)(1)(A) - (D) on or by
IV.

(date).

Agreed Discovery Plan for Plaintiffs and Defendants
A.

Certificate of Interested Persons and Corporate Disclosure Statement

This Court makes an active effort to screen every case in order to identify parties
and interested corporations in which the assigned judge may be a shareholder, as well as
for other matters that might require consideration of recusal. Therefore, each party,
governmental party, intervenor, non-party movant, and Rule 69 garnishee shall file and
serve within fourteen (14) days from that party’s first appearance a Certificate of

Interested Persons and Corporate Disclosure Statement using the attached mandatory
form. No party may seek discovery from any source before filing and serving a Certificate
of Interested Persons and Corporate Disclosure Statement.

All papers, including

emergency motions, are subject to being denied or stricken unless the filing party has
previously filed and served its Certificate of Interested Persons and Corporate Disclosure
Statement. Any party who has not already filed and served the required certificate is
required to do so immediately. Each party has a continuing obligation to file and serve an
amended Certificate of Interested Persons and Corporate Disclosure Statement within
eleven days of 1) discovering any ground for amendment, including notice of case
reassignment to a different judicial officer; or 2) discovering any ground for recusal or
disqualification of a judicial officer. A party should not routinely list an assigned district
judge or magistrate judge as an “interested person” absent some non-judicial interest.
B.

Discovery Plan/Deadline

The parties shall not file discovery materials with the Clerk except as provided in
Local Rule 3.03. Parties should exchange discovery in the most efficient way, which
usually means electronically. In propounding and responding to discovery, the parties are
directed to consult and comply with the Federal Rules of Civil Procedure, the Local Rules
of the United States District Court for the Middle District of Florida, and the Middle District
of

Florida’s

Discovery

Handbook,

available

on

the

Court's

website:

www.flmd.uscourts.gov/forms/Civil/2015-Civil_Procedure_Handbook.pdf. Each party shall
timely serve discovery requests so that the rules allow for a response prior to the discovery
deadline. The Court may deny as untimely all motions to compel filed after the discovery
deadline or those that fail to comply with the meet and confer requirements contained in

Local Rule 3.01(g). The Court notes that the words "confer" and "good faith" contemplate
the parties will exchange thoughts and arguments to try to resolve an issue and will not
simply engage in unilateral noticing that a motion will be filed. In addition to agreeing to
comply with the above, the parties agree as follows:
_____________________________________________________________________
_____________________________________________________________________
C.

Confidentiality Agreements/Motions to File Under Seal

Whether documents filed in a case may be filed under seal is a separate issue from
whether the parties may agree that produced documents are confidential. The Court is a
public forum, and disfavors motions to file under seal. The Court will permit the parties to
file documents under seal only upon motion and order entered under Local Rule 1.09.
The parties may reach their own agreement (without Court endorsement) regarding
the designation of materials as “confidential.”

The Court discourages unnecessary

stipulated motions for a protective order. The Court will enforce appropriate stipulated and
signed confidentiality agreements. See Local Rule 4.15. Each confidentiality agreement
or order shall provide, or shall be deemed to provide, that “no party shall file a document
under seal without first having obtained an order granting leave to file under seal on a
showing of particularized need.” With respect to confidentiality agreements, the parties
agree as follows: ______________________________________________________
____________________________________________________________________

D.

Disclosure or Discovery of Electronically Stored Information and

Assertion of Claims of Privilege
Pursuant to Fed.R.Civ.P. 26(f)(3), the parties have made the following agreements
regarding the disclosure and discovery of electronically stored information as well as the
assertion of claims of privilege or protection of trial preparation materials after production:
____________________________________________________________________
____________________________________________________________________
V.

Mediation
Absent a Court order to the contrary, the parties in every case will participate in

Court-annexed mediation as detailed in Chapter Nine of the Court’s Local Rules. The
parties have agreed on a mediator from the Court’s approved list of mediators as set forth
in the table above, and have agreed to the date stated in the table above as the last date
for mediation. The list of mediators is available from the Clerk, and is posted on the Court’s
web site at www.flmd.uscourts.gov. If the parties do not so designate, the Court will
designate the mediator and the deadline for mediation.
VI.

Requests for Special Handling
Requests for special consideration or handling (requests may be joint or unilateral):

____________________________________________________________________
____________________________________________________________________
__________________________________________________________________

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

CERTIFICATE OF INTERESTED PERSONS
AND CORPORATE DISCLOSURE STATEMENT
I hereby disclose the following pursuant to this Court’s interested
persons order:
1.)
the name of each person, attorney, association of persons, firm, law
firm, partnership, and corporation that has or may have an interest in the
outcome of this action — including subsidiaries, conglomerates, affiliates,
parent corporations, publicly-traded companies that own 10% or more of a
party’s stock, and all other identifiable legal entities related to any party in
the case:
[insert list]
2.)
the name of every other entity whose publicly-traded stock, equity,
or debt may be substantially affected by the outcome of the proceedings:
[insert list]
3.)
the name of every other entity which is likely to be an active
participant in the proceedings, including the debtor and members of the
creditors’ committee (or twenty largest unsecured creditors) in bankruptcy
cases:
[insert list]
4.)
the name of each victim (individual or corporate) of civil and
criminal conduct alleged to be wrongful, including every person who may
be entitled to restitution:
[insert list]
I hereby certify that, except as disclosed above, I am unaware of any
actual or potential conflict of interest involving the district judge and
magistrate judge assigned to this case, and will immediately notify the Court
in writing on learning of any such conflict.
[Date]

[Certificate of Service]

_____________________________
[Counsel of Record or Pro Se Party]
[Address and Telephone]