Coach, Inc. et al v. Visitors Flea Market, LLC et al

Filing 153

ORDER granting in part and denying in part 152 Motion to reset final pretrial conference. The conference scheduled for October 15, 2013 is cancelled. The Court will set a new conference if the district judge refers the case for that purpose. Signed by Magistrate Judge Thomas B. Smith on 10/11/2013. (Smith, Thomas)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
COACH, INC., COACH SERVICES, INC.,
Plaintiffs,
v.

Case No. 6:11-cv-1905-Orl-19KRS

VISITORS FLEA MARKET, LLC, DELROY
JOSEPHS, JULIO BATISTA, ET AL.,
Defendants.
______________________________________
ORDER
Pending before the Court is Defendants’ Motion to Reset Final Pretrial
Conference (Doc. 152).
The motion includes defense counsel’s Local Rule 3.01(g) certificate stating
that he has conferred with Plaintiffs’ counsel “and that the issues should be brought to
the Court’s attention for review and consideration.” (Id., p. 2). Local Rule 3.01(g)
requires counsel to confer in good faith and include in most motions a statement
whether counsel agree on the resolution of the motion. Defendant’s certificate does
not comply with the Local Rule. In most circumstances, this would be sufficient
reason to deny the motion.
On October 7, 2013, the Court entered its Second Amended Case
Management and Scheduling Order revising the case schedule including setting new
dates for counsel’s in-person meeting to prepare their Joint Final Pretrial Statement
and the filing of their Joint Final Pretrial Statement. (Doc. 149). The new case
management schedule negates the rationale for holding a final pretrial conference on

October 15, 2013. Accordingly, despite counsel’s failure to comply with Rule 3.01(g),
the motion is GRANTED. The final pretrial conference currently scheduled for
October 15, 2013 is CANCELLED. I will not set a new final pretrial conference unless
the district judge refers the case to me for that purpose.
DONE AND ORDERED in Orlando, Florida, on October 11, 2013.

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