NELSON v HP ENTERPRISE SERVICES LLC

Filing 7

SCHEDULING AND MEDIATION ORDER: Status Report due by 9/6/2012., Discovery due by 2/11/2013., Summary Judgment Motions due by 3/4/2013., Mediation Report due by 3/25/2013., Jury Trial set for 5/6/2013 in U.S. Courthouse Tallahassee before JUDGE ROBERT L HINKLE.. Signed by JUDGE ROBERT L HINKLE on 8/14/2012. (jws)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION

CRYSTAL NELSON,
Plaintiff,
v.

CASE NO. 4:12cv302-RH/CAS

HP ENTERPRISE SERVICES, LLC,
Defendant.
__________________________________/

SCHEDULING AND MEDIATION ORDER
This order is entered upon consideration of the parties’ joint scheduling
report. The attorneys should note paragraphs 9 and 10, which depart from the
Local Rules.
The parties have requested a substantial extension of the discovery deadline
and delay of the trial. The joint scheduling report will be approved, except as
otherwise provided in this order, but the attorneys must consult with their clients
and file a notice under paragraph 1 below. If they fail to do so, a revised
scheduling order will be entered.
IT IS ORDERED:
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1. By August 30, 2012, an attorney for each party must advise the party
that had there been no request for a delay, the case would have been tried during
the trial period that begins on January 7, 2013. The attorney also must consult with
the party about the advantages and disadvantages of delay, including any likely
additional expense to the party. By September 6, 2012, an attorney for each party
must file a notice stating either (a) that the attorney has complied with this
paragraph and that the party adheres to the request that the case go forward under
the delayed schedule established by this order, or (b) that the party no longer
wishes to have the case proceed on the delayed schedule established by this order.
2. The trial is set for the trial period that begins on Monday, May 6,
2013. A party with a conflict during that trial period must file a notice by August
23, 2012.
3. The discovery deadline is extended to February 11, 2013.
4. The joint scheduling report, ECF No. 6, will control the matters it
addresses, except to the extent of any conflict with this order. On matters not
addressed in this order or the joint scheduling report, the Initial Scheduling Order
remains in effect.
5. The number and length of depositions are limited as provided in the
Federal Rules of Civil Procedure. A party may move—with or without a

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supporting memorandum—to authorize an additional deposition or to bar or limit
an excessive examination. A hearing on any such motion will be set without delay.
6. A pleading may be amended only on a motion that is filed by the
deadline set out in the joint scheduling report or a motion showing good cause for
not filing the motion by that date. And if the Federal Rules of Civil Procedure
require leave of court, a pleading may be amended only with leave of court.
7. Disclosures under Federal Rule of Civil Procedure 26 must be
supplemented within a reasonable time after learning information calling for
supplementation and in time to ensure the opposing party is not prejudiced by any
failure to supplement immediately after the information was or with diligence
should have been discovered.
8. The deadline for filing summary-judgment motions is 21 days after
the discovery deadline, but they should be filed at the earliest appropriate time. It
is rarely necessary that such motions await the completion of all discovery.
9. Local Rule 56.1, which addresses summary-judgment procedures, will
not apply in this case. The following procedures will apply instead:
(a) A party who moves for summary judgment must file at the same time a
memorandum of up to 25 pages and any supporting evidence not already in the
record. The memorandum must include a statement of facts generally in the form
that would be appropriate in an appellate brief—not a statement of undisputed facts

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in the form specified in Local Rule 56.1. A statement of facts must not be set out
in a separate document.
(b) An opposing party must file within 21 days—without a three-day
extension based on the manner in which the motion is served—a memorandum of
up to 25 pages and any opposing evidence not already in the record. The opposing
party must not file a separate document responding to the moving party’s statement
of facts.
(c) The moving party may file a reply memorandum of up to 10 pages. The
deadline for a reply memorandum is the earlier of (a) seven days after the opposing
memorandum is filed—without a three-day extension based on the manner in
which the opposing memorandum is served—or (b) two days before the pretrial
conference.
(d) Each memorandum must include pinpoint citations to the record
evidence supporting each factual assertion.
(e) The page limit for a memorandum may be increased by an agreement of
the parties or on a motion showing good cause, but the parties should take note: a
longer memorandum is usually less persuasive, not more.
(f) A motion may be resolved against a party without a hearing at any time
after the party has had an opportunity to file a memorandum and materials under
this paragraph. If a motion has not been resolved and a party has filed a separate

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request for a hearing, the clerk must set a hearing. The hearing must be set for an
available date at least two days after the due date for the reply memorandum. The
hearing will be conducted by telephone if, at least two days before the hearing, a
party so requests. The hearing may be combined with the pretrial conference if
doing so will not delay the hearing by more than two weeks.
10. If attorney’s fees are awarded, the lodestar will be determined based
only on hours for which contemporaneous time records—in the form required by
Local Rule 54.1—were made and retained. But the records must not be filed with
the clerk until necessary in connection with a motion to award fees; the Local Rule
54.1 requirement to file the records with the clerk each month will not apply in this
case. An attorney must disclose to another party on request the total number of
hours devoted to the case for any month by attorneys and other time keepers.
11. Deadlines will be determined based on this order (including the joint
scheduling report to the extent made applicable by this order), other applicable
orders, and the governing rules. Docket entries made by the clerk of the court are
for the clerk’s internal use and are not controlling.
12. By a separate Order for Pretrial Conference to be issued later, a
deadline will be set for an attorney conference leading to the filing of a pretrial
stipulation and related papers. The deadline for the attorney conference (as
established by the Order for Pretrial Conference) also will be the deadline for

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disclosures under Federal Rule of Civil Procedure 26(a)(3). The deadline for
objections under Federal Rule of Civil Procedure 26(a)(3) is seven days later.
13. Any motion in limine or other pretrial motion must be served
sufficiently in advance of the pretrial conference to allow consideration of the
motion at or prior to the pretrial conference.
14. The attorneys’ attention is directed to the American College of Trial
Lawyers Code of Pretrial Conduct and Code of Trial Conduct, which set out
standards of professionalism and are available on the court’s website and at
http://www.actl.com/publications/index.htm.
15. Unless the requirement for mediation is abrogated based on a motion
showing good cause, the parties must mediate under the following procedures:
(a) The parties may select a mediator by agreement. If the parties have not
agreed by 21 days before the discovery deadline, the plaintiff must immediately
file a notice so indicating, and I will appoint a mediator.
(b) Unless otherwise agreed, the fee of the mediator must be paid equally by
the parties. The fee must be paid in the manner determined by the mediator.
(c) The first mediation conference must begin within 14 days after the
discovery deadline (and may begin at any earlier time).
(d) These people MUST attend the mediation conference unless excused in
advance on a motion showing good cause:

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(1) The attorney of record primarily responsible for the conduct of this
case on behalf of a party.
(2) Each party. A corporation, other private organization, or state or
local governmental entity or officer in his or her official capacity must attend
through a representative having full authority to settle the entire case for the party
without further consultation. The mediator may waive the requirement that the
attending representative’s full authority to settle be “without further consultation.”
Unless the mediator directs otherwise, the parties by agreement also may waive the
requirement that the attending representative’s full authority to settle be “without
further consultation.” Unless otherwise ordered, an Assistant United States
Attorney may attend for the government.
(3) If a party is insured, a representative of the insurer having full
authority to settle without further consultation. The mediator may waive the
requirement that the insurer’s representative’s full authority to settle be “without
further consultation.” Unless the mediator directs otherwise, the parties by
agreement also may waive the requirement that the attending insurer’s
representative’s full authority to settle be “without further consultation.”
(e) A person’s failure to attend the mediation conference as required
ordinarily will result in the imposition of sanctions.

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(f) The parties must confer in advance on the submission of written materials
to the mediator and must proceed in accordance with any agreement they reach or
the instructions of the mediator. In the absence of an agreement or instructions, no
written submissions are required, but either party may submit materials, which the
mediator may consider as the mediator deems appropriate.
(g) The mediator may control the procedures to be followed in mediation,
may adjourn the mediation conference and set a time for reconvening, and may
suspend or terminate mediation whenever the mediator believes further mediation
is not likely to lead to a settlement.
(h) Everything said during mediation—other than the terms of any
settlement agreement itself—will be off the record and inadmissible as settlement
negotiations. Mediation proceedings—other than any settlement agreement
itself—must not be recorded electronically or by a court reporter.
(i) This referral to mediation does not extend any deadline.
(j) Any partial or complete settlement must immediately be reduced to
writing in the presence of the mediator and must be signed by each party and an
attorney for each party.
(k) Mediation must be completed within 28 days after the discovery
deadline. The mediator or a party must file a report within 14 days after mediation
ends indicating when mediation was conducted and the outcome (that is, whether

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the case was settled or impasse was declared). If the case is settled in full, notice
to the court must be immediate.
(l) An attorney for each party must, within 14 days of the date of this order,
consult with the party about the advantages (including savings of costs and
attorney’s fees) and disadvantages of proceeding with mediation immediately
rather than awaiting the deadlines set in this order. On a party’s motion, the court
will consider ordering that mediation commence immediately or at a time earlier
than required by this order.
SO ORDERED on August 14, 2012.
s/Robert L. Hinkle
United States District Judge

Case No. 4:12cv302-RH/CAS