Lee v. PMSI, Inc.

Filing 3

NOTICE of designation under Local Rule 3.05 - track 2 (TKD)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
Tampa Division
WENDI J. LEE
Plaintiff
v.

Case Number: 8:10-cv-2904-T-23TBM

PMSI, INC.
Defendant
_______________________________/
NOTICE OF DESIGNATION UNDER LOCAL RULE 3.05
In accordance with Local Rule 3.05, this action is designated as a Track TWO Case.
Plaintiff or the removing party is responsible for serving a copy of this notice and any attachment
to this notice upon all other parties. All parties must meet any requirements established in Local
Rule 3.05 for cases designated on this track. With respect to Track Two and Track Three Cases,
parties should utilize the attached Case Management Report ("CMR") form. Please note that
Judge Merryday requires the CMR to include a brief description of the specific nature and relative
complexity of the case.
Most Track Two cases will be tried within twenty-four months of filing. To further the prompt
resolution of these cases, the discovery deadline should be eight months after the defendant(s)'
first filing. If the parties require more than eight months to complete discovery, they shall provide
an explanation for the extended discovery period.

SHERYL L. LOESCH, CLERK
By: Terese K.
Deputy Clerk

Attachment:
Case Management Report

Dear

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

v.

Case Number:

/

CASE MANAGEMENT REPORT
1.
held on

Meeting of Parties: Pursuant to Local Rule 3.05(c)(2)(B) or (c)(3)(A), a meeting was
(date) at
(time) (check one) (__) by telephone (or) (__) at
(place) and was attended by:
Name

2.

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 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
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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
2
agree to exchange such information on or before
(date).
_______

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:
discovery plan:

The parties jointly propose the following Plaintiff's

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) 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.
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).
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(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:

(4) Oral Depositions:

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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)

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
(date).
completed on or before

4.
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Discovery Plan - Defendant: The parties jointly propose the following Defendant's

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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.

(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:

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(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
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:

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

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):

Any
6.
Disagreement or Unresolved Issues Concerning Discovery Matters:
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 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.
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Consent to Magistrate Judge Jurisdiction:

The parties agree to consent to the

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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 ready for a final
(date) and for trial on or after
(date). This
pretrial conference on or after
Jury
Non-Jury
trial is expected to take approximately
hours.

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.

Other Matters:

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

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