PORTER v. DOUGLAS, et al

Filing 66

ORDER: Parties shall file their status report advising the Court of status of discovery, and whether case is ready to proceed to trial. Clerk shall send parties a consent form in accordance with 28 U.S.C. §636(c)(2). If Plaint iff wishes to consent, w/n 15 days from date of this order, he shall sign the form and send it to Defendant's counsel. If Defendant consents, the form shall be signed and filed w/n 10 days of receipt. (Status Report due by 3/4/2013.). Signed by MAGISTRATE JUDGE GARY R JONES on 2/11/2013. (jws)(Form to parties as noted in order.)

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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION

DWIGHT J. PORTER,
Plaintiff,
v.

Case No.: 5:10-cv-206-RS-GRJ

COLONEL BAXTER ,et al.,
Defendants.
____________________________/
ORDER
In the Court’s Order dated March 8, 2012 adopting the Report and
Recommendation, Defendants Simmons, Durance, and Tyus were dropped from the
case. (Doc. 57.) Plaintiff’s claims against Defendants Lee, Dudley, and Baxter,
however, remain for resolution by the fact finder. The Court, therefore, needs to enter
an amended case management and scheduling order.
On March 21, 2012 the Court entered a Case Management And Scheduling
Order (Doc. 59) which established a discovery deadline but which further provided in
relevant part that: “[T]he parties are advised that a second, brief discovery period will be
provided for trial preparation for those claims which will be going to trial.” Doc. 59, ¶ (1).
In accordance with this provision of the Case Management and Scheduling Order, the
parties must file separate status reports providing in detail what, if any, additional
discovery is required in the “second brief discovery period” and how much additional
time is needed to complete discovery for trial preparation. If no additional discovery is
required the parties shall advise the Court in the status reports that this matter should
be set for trial.

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Further, because of the nature of the claims in this case the parties are
encouraged to consider consenting to trial before a magistrate judge. Pursuant to 28
U.S.C. § 636(c)(1) and N.D. Fla. Loc. R. 73.1 the parties may consent to full trial
before the undersigned, a magistrate judge. Upon consent of the parties a
magistrate judge may conduct any or all proceedings in a jury or non-jury civil
matter and order the entry of judgment in the case. The parties w ould have the
same right of appeal to the Eleventh Circuit Court of Appeals upon entry of a final
judgment. The parties, of course, are entirely free to w ithhold such consent w ithout
any adverse consequences. If Plaintiff desires to consent, the form shall be signed
and forw arded to Defendants’ counsel. If Defendants consent, the form shall be
signed and filed w ith the Clerk of Court.
In the event the parties advise in their status reports that each of them is
prepared for trial, and the parties consent to trial before the undersigned magistrate
judge, the Clerk is directed to refer the case to the undersigned and a trial w ill be
scheduled for a date certain. If consent is not given, the Clerk shall refer the file to
the assigned district judge for scheduling the trial consistent w ith his trial schedule.
Accordingly, it is ORDERED:
1. The parties shall file their status reports by March 4, 2013 advising the Court
of the status of discovery, and whether this case is ready to proceed to trial.
2. The Clerk of Court shall send the parties a consent form in accordance with
28 U.S.C. § 636(c)(2).
3. If Plaintiff wishes to consent, within fifteen days from the date of this order he

Case No: 5:10-cv-206-RS-GRJ

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shall sign the form and send it to Defendant’s counsel. If Defendant consents, the form
shall be signed and filed within 10 days of receipt.
DONE AND ORDERED this 11th day of February 2013.

s/Gary R. Jones
GARY R. JONES
United States Magistrate Judge

Case No: 5:10-cv-206-RS-GRJ