BRENNER et al v. SCOTT et al

Filing 34

ORDER SETTING A PARTIAL SCHEDULE AND CONSOLIDATING THE CASES FOR CASE-MANAGEMENT PURPOSES - These cases are consolidated for case-management purposes only and will be maintained on a common docket under Consolidated Case No. 4:14c v107. The pending motions to consolidate (ECF Nos. 23 & 28 in Case No. 4:14cv107 and ECF No. 15 in Case No. 4:14cv138) are GRANTED to this extent and otherwise denied without prejudice. The defendant Clerks motion to extend time, ECF No. 29 in Case No. 4:14cv107, is GRANTED as set out above.(Internal deadline for referral to judge if Defendant response to complaint not filed earlier: 5/12/2014)., Plaintiff's Memorandum in Opposition to any motion to dismiss due by 5/12/2014< /b>., Plaintiff's reply Memorandum in Support to preliminary-injunction motion due by 5/27/2014., Motion to supplement a preliminary injunction motion or submit evidence in support of preliminary injunction motion due by 4/25/2014.) Signed by JUDGE ROBERT L HINKLE on 4/21/2014. (dlt)

Page 1 of 6

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

JAMES DOMER BRENNER et al.,
Plaintiffs,
v.

CASE NO. 4:14cv107-RH/CAS

RICK SCOTT, etc., et al.,
Defendants.
_________________________________/
SLOAN GRIMSLEY et al.,
Plaintiffs,
v.

CASE NO. 4:14cv138-RH/CAS

RICK SCOTT, etc., et al.,
Defendants.
_________________________________/

ORDER SETTING A PARTIAL SCHEDULE
AND CONSOLIDATING THE CASES FOR
CASE-MANAGEMENT PURPOSES

Case No. 4:14cv107-RH/CAS and 4:14cv138-RH/CAS

Page 2 of 6

Each party appeared through counsel at a case-management conference
conducted by telephone on April 18, 2014. The proposed intervenor did not
appear.
For the reasons set out on the record of the case-management conference,
and without objection from any party,
IT IS ORDERED:
1.

These cases are consolidated for case-management purposes only and

will be maintained on a common docket under Consolidated Case No. 4:14cv107.
Any of these papers must be filed in the individual case to which the paper relates:
a complaint (or counterclaim, cross-claim, or third-party complaint), answer,
motion to intervene, judgment, notice of appeal, or motion to amend or amended
version of any of them. Any other paper that is applicable to either case must be
filed in the common docket (Consolidated Case No. 4:14cv107) and must not be
filed separately in Case No. 4:14cv138. A paper—other than a complaint (or
counterclaim, cross-claim, or third-party complaint), answer, motion to intervene,
judgment, notice of appeal, or amended version of any of them—that is filed in the
common docket will be deemed filed in both cases. The pending motions to
consolidate (ECF Nos. 23 & 28 in Case No. 4:14cv107 and ECF No. 15 in Case
No. 4:14cv138) are GRANTED to this extent and otherwise denied without
prejudice.

Case No. 4:14cv107-RH/CAS and 4:14cv138-RH/CAS

Page 3 of 6

2.

The deadline is April 25, 2014, for any plaintiff to move for a

preliminary injunction, to supplement a preliminary-injunction motion, or to
submit evidence in support of a preliminary-injunction motion.
3.

The deadline is May 12, 2014, for any defendant to respond to any

complaint that is now pending.
4.

The deadline is May 12, 2014, for any defendant to file a

memorandum and evidence in opposition to a preliminary-injunction motion.
5.

The deadline is May 27, 2014, for any plaintiff to file a memorandum

in opposition to any motion to dismiss filed by May 12, 2014.
6.

The deadline is May 27, 2014, for any plaintiff to file a reply

memorandum in support of a preliminary-injunction motion.
7.

The deadlines for parties as set out in paragraphs 2 through 6 above

also apply to intervenors on the same side.
8.

The parties should avoid repeating arguments in more than one filing.

Incorporation by reference is encouraged.
9.

A ruling may be made without a hearing on any preliminary-

injunction motion or motion to dismiss. Proceedings on a preliminary-injunction
motion and the merits will not be consolidated without a further notice and
opportunity to be heard. The schedule for further proceedings will be set by an
order that will be entered after May 27, 2014.

Case No. 4:14cv107-RH/CAS and 4:14cv138-RH/CAS

Page 4 of 6

10.

The defendant Clerk’s motion to extend time, ECF No. 29 in Case No.

4:14cv107, is GRANTED as set out above.
11.

The deadline for responding to the motions to intervene, ECF No. 22

in Case No. 4:14cv107 and ECF No. 13 in Case No. 4:14cv138, remains April 21,
2014.
12.

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
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

Case No. 4:14cv107-RH/CAS and 4:14cv138-RH/CAS

Page 5 of 6

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
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.
13.

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

Case No. 4:14cv107-RH/CAS and 4:14cv138-RH/CAS

Page 6 of 6

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.
14.

Deadlines will be determined based on 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.
15.

The parties may begin discovery without awaiting an attorney

conference under Federal Rule of Civil Procedure 26(f).
SO ORDERED on April 21, 2014.
s/Robert L. Hinkle
United States District Judge

Case No. 4:14cv107-RH/CAS and 4:14cv138-RH/CAS