Lee v. PMSI, Inc.
Filing
9
CASE MANAGEMENT AND SCHEDULING ORDER: Joinder of Parties due by 6/3/2011, Discovery due by 8/5/2011, Dispositive motions due by 9/2/2011, Pretrial Conference set for 11/3/2011 at 11:30 AM in Tampa Courtroom 12 B before Magistrate Judge Thomas B. McCoun III, Jury Trial set for the December, 2011, trial term in Tampa Courtroom 15 A before Judge Steven D. Merryday. Signed by Judge Steven D. Merryday on 1/25/2011. (TKD)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
WENDY J. LEE,
Plaintiff,
v.
CASE NO. 8:10-cv-2904-T-23TBM
PMSI, INC.,
Defendant.
/
CASE MANAGEMENT AND SCHEDULING ORDER
This cause came on for consideration concerning completion of discovery and the
scheduling of pretrial procedures and trial. The Court has considered the positions of
the parties as set forth in their Case Management Report, and hereby enters the
following scheduling and case management requirements whose provisions are very
precise and shall be strictly adhered to. Accordingly, it is ORDERED:
1.
Parties are directed to meet the agreed upon terms and time limits set
forth in their Case Management Report, except as noted below:
Third-Party/Joinder - June 3, 2011
Discovery Cut-Off - August 5, 2011
Dispositive Motion Filing - September 2, 2011
2.
Parties are further directed to meet the pretrial disclosure requirements
and deadlines in Fed.R.Civ.P. 26(a)(3) and to adhere timely to all requirements in Local
Rule 3.06 concerning Final Pretrial Procedures, as supplemented herein at ¶ 6.
3.
Parties shall take heed that motions to amend any pleading or a motion for
continuance of any pretrial conference, hearing or trial filed after issuance of this Case
Management and Scheduling Order are disfavored. See Local Rules 3.05(c)(2)(E)
and 3.05(c)(3)(D).
4.
A Pretrial Conference will be held before Magistrate Judge Thomas B.
McCoun, III, in Courtroom 12B, United States Courthouse, 801 North Florida Avenue,
Tampa, on November 3, 2011 at 11:30 a.m.
THE COURT WILL NOT ADDRESS DISCOVERY DISPUTES OF ANY KIND AT
TRIAL. ANY DISCOVERY DISPUTE FOR WHICH THE PARTIES SEEK JUDICIAL
RESOLUTION MUST BE ADDRESSED AT OR BEFORE THE PRETRIAL
CONFERENCE. THE PARTIES MAY AGREE ON ANY MATTER REGARDING
DISCOVERY, BUT EACH PARTY ASSUMES THE RISK OF NON-COMPLIANCE BY
THE OTHER UNLESS THE ISSUE HAS BEEN ADDRESSED BY THE COURT AT
THE PRETRIAL CONFERENCE.
5.
This case is set for Jury Trial in Courtroom 15A , United States
Courthouse, 801 N. Florida Avenue, Tampa, during the December, 2011, trial term
before the Honorable Steven D. Merryday. Cases set before Judge Merryday are subject to
being tried by a visiting judge. A separate trial calendar will be forthcoming in November,
2011.
6.
Not later than five (5) days prior to the date on which the trial term is
set to commence, see ¶ 5, the parties shall file with the Clerk of Court the following
(and, as to each of the following, provide directly to Chambers, by mail or hand-delivery
a "Judge's Courtesy Copy," so marked):
(a)
Each side shall file a Trial Brief, with citations of authorities and
arguments specifically addressing all disputed issues of law likely to
arise at trial; and either (b) or (c) below, as appropriate.
(b)
If case is a jury trial, the following:
(1)
A concise (one paragraph preferably) joint or stipulated
statement of the nature of the action to be used in providing a
basic explanation of the case to the jury venire;
(2)
A complete set of all written Proposed Jury Instructions
(which shall bear a cover sheet with the complete style of the case and
appropriate heading designating the submitting party; there shall be no more
than one instruction per page and contain, at the end of each such
instruction, citation of authorities, if any); they shall be sequentially
numbered and party-identified (e.g., Plaintiff's Requested Instruction No. 1);
(3)
Proposed Voir Dire (the Court will conduct the voir dire and, in
addition to the usual more general questions, will without initiation by
counsel ask more particular questions suggested by the nature of the case;
counsel should, therefore, be selective in the jury questions submitted to the
Court for consideration); and
(4)
(c)
Proposed Verdict Form.
If case is a non-jury trial, Proposed Findings of Fact and
Conclusions of Law (each shall be separately stated in numbered
paragraphs; Findings of Fact shall contain a detailed listing of the relevant material
facts the party intends to prove, in a simple, narrative form; Conclusions of Law
shall contain a full exposition of the legal theories relied upon by counsel).
-2-
7.
The Pretrial Conference shall be attended by counsel who will act as lead
trial counsel in the case and who is vested with full authority to make and solicit
disclosures and agreements touching all matters pertaining to the trial.
ORDERED in Tampa, Florida, on January 25, 2011.
Copies to:
Counsel and unrepresented parties
Magistrate Judge
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