Belajonas v. Second Round Sub, LLC

Filing 7

SCHEDULING ORDER: The parties are directed to adhere to the Court's Scheduling Order. This action is hereby referred to Peter J. Grilli, Esq., for mediation. The parties must mediate no later than April 4, 2018. Lead Counsel shall file a noti ce of mediation informing the Court as to the date, time, and location of mediation by December 19, 2017. Neither party may reschedule or cancel the mediation conference once it is set; leave of Court must be obtained before the mediation conference may be rescheduled or cancelled. The parties shall not mediate until the information exchange outlined in the Scheduling Order is completed. Absent compelling circumstances and leave of Court, lead counsel must appear at the mediation conference. Lea d Counsel shall file a notice informing the Court as to the results of mediation within 24 hours of the mediation conference. In the event mediation results in an impasse, the parties must file their jointly-prepared fast-track case management report within 24 hours of the mediation conference. Upon review of the jointly-prepared case management report, the Court will determine whether a case management hearing is necessary. If a case management hearing is necessitated, the Court will set the he aring by separate notice. Furthermore, if mediation results in an impasse, the Court intends to schedule this action for trial within 90-120 days from the mediation conference. Signed by Judge Virginia M. Hernandez Covington on 12/5/2017. (JAM)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
BELINDA BELAJONAS,
Plaintiff,
v.

Case No. 8:17-cv-2859-T-33MAP

SECOND ROUND SUB, LLC,
Defendant.
______________________________/
FAST-TRACK SCHEDULING ORDER
Pursuant to Federal Rule of Civil Procedure 16, the Court
finds it necessary to implement a schedule tailored to meet
the particular circumstances of this case, which was brought
under the Telephone Consumer Protection Act, the Fair Debt
Collection Practices Act, the Junk Fax Prevention Act, and/or
state law consumer protection statutes. Therefore, consistent
with

the

just,

speedy

and

inexpensive

administration

of

justice, Fed. R. Civ. P. 1, it is:
ORDERED that the provisions of Rule 26(a)(1) and Local
Rule 3.05(c)(2)(B) and (d) concerning the initial disclosures
and filing of a Case Management Report are hereby waived in
this

case.

Instead,

the

parties

following schedule:

1

shall

comply

with

the

1.

No later than February 2, 2018, the parties shall

serve upon each other but not file with the Court copies of
the following:
A.

Plaintiff1

All documents in Plaintiff’s possession, custody, or
control that relate to the telephone calls, letters, or other
debt collection activities in question. This includes, but is
not limited to:
(1)

Telephone

records,

call

logs,

voice

recordings, and account notations pertaining to any telephone
calls Plaintiff contends were made by Defendant;
(2)
demonstrating

Documents
that

and/or

Plaintiff

other

was

in

relevant

evidence

possession

of

the

operative telephone at the time of the telephone calls in
question;
(3)

Documents

and/or

other

relevant

evidence

showing that (a) Plaintiff did not provide Defendant with
consent to make the telephone calls in question and/or (b)
documentation

that

Plaintiff

revoked

consent

prior

to

Defendant making the telephone calls;

If there is more than one plaintiff or defendant, the
singular reference to plaintiff or defendant shall include
the plural.
1

2

(4)
evidence

Any and all documents and/or other relevant

pertaining

to

Plaintiff’s

prior

complaints

to

Defendant regarding Defendant making the unwanted telephone
calls in question; and
(5)

All written correspondence, including court

documents, pertaining to Defendant's alleged debt collection
efforts.
Upon furnishing the information to Defendant, Plaintiff
shall file a Certificate of Compliance with the Court.
B.

Defendant

All documents in Defendant’s possession, custody, or
control that relate to the telephone calls letters, or other
debt collection activities in question. This includes, but is
not limited to:
(1)
recordings

Telephone

pertaining

records,

to

the

contends were made by Defendant,

call

telephone

logs,
calls

and

voice

Plaintiff

which includes any and all

notations made by Defendant's representative or employee
during the telephone call;
(2)

Documentation

that

Plaintiff

consented

to

Defendant making the telephone calls in question;
(3)
evidence

Any and all documents and/or other relevant

pertaining

to

Plaintiff’s
3

prior

complaints

to

Defendant regarding Defendant making the unwanted telephone
calls in question; and
(4)

All written correspondence, including court

documents, pertaining to Defendant's alleged debt collection
efforts.
Upon furnishing the information to Plaintiff, Defendant
shall file a Certificate of Compliance with the Court.
2.
STAYED,

Until further order of this Court, all discovery is
except

as

necessary

to

obtain

and

provide

the

information set forth in Paragraph 1. The Court permits
counsel to serve subpoenas on telecommunications entities so
that accurate information may be gathered in this case. If
the parties elect to serve subpoenas for telephone records in
this case, they should do so as early as practicable and
should work together to facilitate the process. Although the
filing of discovery is prohibited by the Local Rules, in the
instance that a subpoena is issued to a telecommunications
entity, that subpoena must be filed with the Court so that
the Court may monitor the facilitation of information in this
case. The parties are also directed to notify the Court when
the information requested in the subpoena is furnished.
3.

On

or

before

February

19,

2018,

Plaintiff

is

directed to file Answers to the Court’s Interrogatories.
4

Thereafter, by March 5, 2018, Defendant is directed to file
Answers to the Court’s Interrogatories. Those Interrogatories
are attached to this Order.
4.

This action is referred to mediation. The Court

appoints Peter J. Grilli, located at 3001 West Azeele Street,
Tampa, Florida 36609, [phone], as mediator.
5.

The mediation shall be conducted as outlined in

this Order and Chapter Nine of the Local Rules.
6.

Scheduling Mediation: The parties must mediate no

later than

April 4, 2018.

However,

the parties are not

permitted to mediate until the information exchange outlined
in this Order, including answers to interrogatories, has been
completed.
7.

Rescheduling Mediation: If the mediation date is

approaching, and the parties realize they will not be able to
complete the document exchange and interrogatory answers
called for herein, the parties are directed to file a motion
to reschedule the mediation. In any event, once the mediation
has

been

scheduled,

the

parties

may

not

unilaterally

reschedule the mediation conference—a motion must be filed,
and leave of Court obtained, if they seek to reschedule the
mediation. In the motion to reschedule, counsel must include
the proposed date of rescheduling; the Court reserves the
5

right

to

deny

any

motion

that

seeks

to

reschedule

the

mediation conference for a date beyond the deadline set in
Paragraph 6. If the Court authorizes the parties to reschedule
the mediation conference, the parties may still be required
to pay the mediator’s cancellation fee. Thus, the parties are
strongly encouraged to promptly exchange documents and answer
interrogatories, as required herein, and to diligently adhere
to all deadlines to avoid unnecessary expense.
8.

Cancelling Mediation: Once the mediation conference

is set, neither party may cancel the mediation without first
obtaining leave of Court, even if the parties have reached a
settlement.
9.

Designation and Responsibility of Lead Counsel:

Tyler Bannon, Esq., is designated as Lead Counsel and must
consult both the mediator and other counsel to coordinate the
day and time of the mediation. By December 19, 2017, Lead
Counsel must file a notice of mediation that states the agreed
day and time of mediation. When the notice is filed, the
agreed

day

for

the

mediation

replaces

the

deadline

in

Paragraph (c). Extension of the mediation deadline requires
a Court order and is increasingly disfavored as the mediation
deadline approaches. Before moving for an extension of the
mediation deadline, the movant must consult both the mediator
6

and opposing counsel to determine an agreed day and time for
the rescheduled mediation. Under Local Rule 3.01(g), a motion
for an extension of the mediation deadline must certify that
the movant has conferred with opposing counsel and must state
whether counsel agrees to the resolution of the motion.
10.

General Rules Governing the Mediation: Although

mediation is governed by Chapter Nine of the Local Rules, the
following additional requirements apply:
(a)

Case Summary: At least five business days

before the scheduled mediation, each party must
email directly to the mediator and to opposing
counsel a brief written summary of the facts and
issues of the action. The mediator and the parties
must

treat

each

summary

as

a

confidential

communication and must not disclose the summary or
the summary’s content.
(b)

Authority of the Mediator: The mediator may

confer privately with any counsel, an individual
party, a corporate or municipal representative, or
a claims professional for any proper purpose in the
mediator’s discretion. The mediation must continue
until adjourned by the mediator. No participant may
compel the early conclusion of a mediation because
7

of travel or another engagement. Only the mediator
may declare an impasse or end the mediation. To
coordinate the mediation, the mediator may set an
abbreviated

scheduling

conference

before

the

that

all

mediation.
(c)

Attendance:

The

Court

directs

counsel, parties, corporate representatives, and
any other required claims professionals shall be
present

at

the

mediation

conference

with

full

authority to negotiate a settlement. Absent exigent
circumstances and leave of Court, lead counsel must
appear at the mediation conference; failure to
comply will result in the imposition of sanctions.
The Court does not allow mediation by telephone or
video conference.

Personal attendance is required.

See Local Rule 9.05(c).
(d) For cases in which statutory attorneys’ fees
may

be

claimed,

counsel

should

be

prepared

to

discuss reasonable attorneys’ fees and should have
that

information

in

hand

at

the

mediation

conference.
11.

Compensation of the Mediator: The parties must

compensate the mediator at the mediator’s prevailing hourly
8

rate, which, unless otherwise agreed by counsel, the parties
must bear equally and pay immediately after the mediation.
The parties must comply with the reasonable cancellation
policy established by the Mediator, which states:
When a case is cancelled or rescheduled with less
than fourteen (14) days notice, [the Mediator] will
bill all sides equally for the Minimum Charge for
the time reserved unless the parties have agreed
otherwise. Time of notice is computed as under Rule
6, Fed. R. Civ. P. [The Mediator does] not waive
cancellation/rescheduling
charges
unless
[the
Mediator is] able to book another case in the
reserved time slot. Cancellation or rescheduling
should be confirmed in writing (email or fax is
sufficient) to all parties. Please inform [the
Mediator] immediately of any motion which may
result in the re-scheduling of the mediation, or of
any negotiation which might make the mediation
unnecessary.
12.

Results of Mediation: Lead Counsel must file a

notice informing the Court of the results of the mediation
conference within twenty-four hours from the conclusion of
the mediation conference.
13.

Case Management Report and Additional Information:

In the event mediation does not result in settlement of this
action, the parties must conduct a case management meeting
immediately after the mediation conference, during which the
parties shall jointly prepare the attached fast-track case
management report. The parties shall file the completed fasttrack case management report within twenty-four hours of the
9

conclusion of the mediation conference. In addition, the
parties shall file a separate notice also within twenty-four
hours of the conclusion of the mediation conference informing
the Court of the legal issues they believe will need to be
resolved at the summary judgment stage and/or the factual
matters they believe will be at issue during trial.
14.

After

management

review

report,

the

of

the

Court

parties’
will

fast-track

determine

if

a

case
Case

Management Hearing is required. If a Case Management Hearing
is

required,

approximately

the
one

Court
week

will
after

conduct
the

such

parties’

hearing
mediation

conference. The Court will enter a notice indicating the
date and time of the hearing. Counsel are advised that this
case will be set for trial approximately 90-120 days after
the mediation conference. At the Case Management Hearing,
this Court will address any scheduling conflicts the parties
may have.
15.

Absent compelling circumstances and leave of Court,

lead counsel must appear in person at the Case Management
Hearing. Lead Counsel must be prepared to discuss the claims
and defenses as well as any unique aspects of the case with
the Court. This hearing is an investment of the Court’s time
and presents an opportunity for counsel to meet the judge
10

presiding over their case, as well as present any issues that
should be called to the Court’s attention.
DONE and ORDERED in Chambers, in Tampa, Florida on this
6th day of December, 2017.

Attachments:
Court’s Interrogatories
Magistrate Judge Consent Form
CMR form for Fast-Track Cases

11

COURT’S INTERROGATORIES TO PLAINTIFF
(1) What kind of communications are at issue in this case?
Telephone calls placed to a land line, or to a cellular phone?
Letters

mailed

to

a

residence?

Facsimile

transmissions?

Please be as specific as possible.
(2) How many calls, letters, or other communications are at
issue? For instance, if you allege telephone calls were placed
in violation of the TCPA, how many calls were placed?
(3)

When did the communications at issue take place?

(4)

If telephone calls are at issue, do you allege that

Defendant used an automatic dialer?
(5) If telephone calls are at issue, do you allege that
Defendant utilized a live person or a recorded voice to
transmit the relevant information?
(6) If telephone calls are at issue, do you allege that the
calls were placed to a telephone that is registered in your
name? If not, to whom is the account registered?
(7) Do you have a prior business relationship with Defendant?
(8) Did you sign any document in which you consented to be
contacted by Defendant?
(9) Do you intend to pursue a class action?

12

_________________________________
(Plaintiff’s Signature)
STATE OF FLORIDA
COUNTY OF __________________
BEFORE ME, the undersigned authority, on this day,
personally appeared ________________________________, who
being first duly sworn, and ____ who is personally known to
me or ____ who produced _________ as identification,
deposes and says that he/she has read the foregoing Answers
to Interrogatories, knows the contents of same, and to the
best of his/her knowledge and belief, the same are true and
correct.
SWORN TO AND SUBSCRIBED before me on this _______ day
of_______, 20___.
NOTARY PUBLIC
______________________________
Signature of Person Taking Acknowledgment
Notary Stamp

Print Name:
Title: Notary Public
Serial No. (if any):
Commission Expires:

13

COURT’S INTERROGATORIES TO DEFENDANT
(1) How many telephone calls, letters or other mailings, or
facsimiles do your records show as being made or sent during
the time period alleged by Plaintiff?
(2) If telephone calls are at issue, were the calls made by
an automatic dialer?
(3) If telephone calls are at issue, was a prerecorded voice
used?
(4) Did you ever receive documented prior consent to contact
Plaintiff?
(5)

Did you ever receive documented revocation of a consent

to contact Plaintiff?
(6) Before the Complaint was filed, were you ever placed on
notice that Plaintiff had retained counsel with respect to
the debt alleged to be at issue in the Complaint?
(7) What is your capacity with respect to the debt alleged to
be at issue in the Complaint? For example, are you the owner
of a note, a servicer, or both?

14

_________________________________
(Defendant’s Signature)
STATE OF FLORIDA
COUNTY OF __________________
BEFORE ME, the undersigned authority, on this day,
personally appeared ________________________________, who
being first duly sworn, and ____ who is personally known to
me or ____ who produced _________ as identification,
deposes and says that he/she has read the foregoing Answers
to Interrogatories, knows the contents of same, and to the
best of his/her knowledge and belief, the same are true and
correct.
SWORN TO AND SUBSCRIBED before me on this _______ day
of_______, 20___.

NOTARY PUBLIC
______________________________
Signature of Person Taking Acknowledgment
Notary Stamp

Print Name:
Title: Notary Public
Serial No. (if any):
Commission Expires:

15

AO 85 (Rev. locally 5/99) Notice, Consent, and Order of Reference B Exercise of Jurisdiction by a United States Magistrate Judge
UNITED STATES DISTRICT COURT
Middle District of Florida
_____________________________________,
Plaintiff(s)
v.

Case Number: ____________________________

_____________________________________,
Defendant(s)
NOTICE OF AVAILABILITY OF A UNITED STATES MAGISTRATE JUDGE TO EXERCISE JURISDICTION
In accordance with the provisions of 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73, you are hereby notified that a United States
Magistrate Judge of this District Court is available to conduct any or all proceedings in this case, including a jury or bench trial, and to
order the entry of a final judgment. Exercise of this jurisdiction by a Magistrate Judge is, however, permitted only if all parties voluntarily
consent, as evidenced by execution of the Consent portion hereof, all together on this form, to the exercise of jurisdiction by a United
States Magistrate Judge.
You may, without adverse substantive consequences, withhold your consent; but this will prevent the Court's jurisdiction from being
exercised by a Magistrate Judge. If any party withholds consent, the identity of the parties consenting or withholding consent will not be
communicated to any Magistrate Judge or to the District Judge to whom the case has been assigned.
Appeal from a judgment entered by a Magistrate Judge shall be taken directly to the United States Court of Appeals for the Eleventh
Circuit, in the same manner as an appeal from any other judgment of this District Court.
CONSENT TO THE EXERCISE OF JURISDICTION BY A UNITED STATES MAGISTRATE JUDGE
In accordance with the provisions of 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73, the parties in this case hereby voluntarily consent to
have a United States Magistrate Judge conduct any and all further proceedings in the case, including the trial; order the entry of a final
judgment; and conduct all post-judgment proceedings, as necessary.
Signatures
____________________________

Parties Represented
____________________________________________

Date Signed
____________________

____________________________

____________________________________________

____________________

____________________________

____________________________________________

____________________

ORDER OF REFERENCE
IT IS HEREBY ORDERED that this case be referred to Honorable, __________________________________, United States
Magistrate Judge, for all further proceedings and the entry of judgment in accordance with 28 U.S.C. § 636(c), Fed. R. Civ. P. 73,
and the foregoing consent of the parties.
_____________________
Date

________________________________________________________________
VIRGINIA M. HERNANDEZ COVINGTON, United States District Judge

NOTE: RETURN THIS FORM TO CLERK OF COURT ONLY IF ALL PARTIES HAVE SIGNED ON
THIS FORM CONSENTING TO EXERCISE OF JURISDICTION BY A MAGISTRATE JUDGE.

16

United States District Court
Middle District of Florida
Tampa Division
__________________________________,
Plaintiff(s),
v.

Case No. ______________________________

__________________________________,
Defendant(s).
______________________________________________/
CASE MANAGEMENT REPORT
TO BE USED FOR THE FOLLOWING CASES :
FAIR LABOR STANDARDS ACT (FLSA);
TITLE III AMERICANS WITH DISABILITIES ACT (ADA);
FAIR DEBT COLLECTION PRACTICES ACT (FDCPA);
TELEPHONE CONSUMER PROTECTION ACT (TCPA);
FLORIDA CONSUMER COLLECTION PRACTICES ACT (FCCPA);
REAL ESTATE SETTLEMENT PROCEDURES ACT (RESPA); AND
FAIR CREDIT REPORTING ACT (FCRA).

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
Certificate of Interested Persons and Corporate Disclosure Statement
Mandatory Initial Disclosures
Discovery Deadline
Dispositive Motions
Meeting In Person to Prepare Joint Final Pretrial Statement
Joint Final Pretrial Statement
[Including a Single Set of Jointly-Proposed Jury Instructions and Verdict Form, Voir Dire
Questions, Witness Lists, & Exhibit Lists with Objections on Approved Form (to be e-mailed
in Word format to [e-mail])]
Final Pretrial Conference
[The Court will set a date]
Trial Term Begins
[Trial term must be 5 weeks after dispositive motions deadline (unless filing of such
motions is waived); district judge trial terms begin on the first Monday of each month; trials
before magistrate judges will be set on a date certain after consultation with the parties]
[90-120 days after mediation conference]
Estimated Length of Trial
[Number of trial days]
Jury / Non-Jury

17

AGREED DATE