JACKSON v. FROMM

Filing 27

CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 4/29/2013, Notify Chambers on 4/29/2013, Motions due by 5/20/2013. Signed by MAGISTRATE JUDGE GARY R JONES on 1/29/2013. (jws)

Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
DARRELL L. JACKSON,
Plaintiff,
v.

CASE NO. 5:11-cv-414-MW-GRJ

H. FROMM,
Defendant.
_____________________________/
CASE MANAGEMENT AND SCHEDULING ORDER
Plaintiff, pro se, filed a civil rights complaint pursuant to 42 U.S.C. § 1983 (Doc.
1). In accordance with Fed. R. Civ. P. 16(b), it is ORDERED:
(1) Discovery Period. The due date of any discovery request shall not be later
than April 29, 2013. Discovery which would require a later due date shall not be
permitted except by Court order. No extension of the discovery period will be granted
except for good cause and upon showing of diligence during the initial discovery period.
See N.D. Fla. Loc. R. 6.1. The filing of motions SHALL NOT operate to toll or extend
the discovery cut-off date set forth in this paragraph. The parties are advised that a
second, brief discovery period will be provided for trial preparation for those claims
which will be going to trial. Redundant discovery will not be permitted during this
second discovery period. Costs of discovery shall be borne by the party making the
discovery request.
(2) Rule 26 Requirements. Pursuant to Fed. R. Civ. P. 26(a)(1)(B)(iv) and (f),
counsel and pro se Plaintiff are not required to meet or make initial disclosures.

Page 2 of 4

The parties are advised that at some point in the future they may be directed to "confer
to consider the nature and basis of their claims and defenses" and discuss the
possibility of a prompt settlement or resolution of the case.
(3) Interrogatories and Requests for Production. The number of
interrogatories to any party, as governed by Fed. R. Civ. P. 33(a), may not exceed 25,
including all subparts. Interrogatories and the answers thereto, and requests for
production or inspection, shall not be filed with the Court unless necessary to a pre-trial
motion or for another particular purpose. See N. D. Fla. Loc. R. 26.2(A).
(4) Schedule. The following schedule shall apply to this case:
(a) All motions and responses shall be served and filed within the time
required by the Federal Rules of Civil Procedure or the Local Rules.
(b) Motions for summary judgment shall be filed as promptly as possible,
with due regard for the discovery needs of the party opposing the motion, but, unless
otherwise permitted by court order, not later than 20 days after the close of discovery.
(c) Unless otherwise ordered by the Court, no motions to compel
discovery may be filed after the close of discovery.
(d) The Court may dispose of motions without a hearing. N.D. Fla. Loc. R.
7.1 (D).
(5) Discovery Obligations. The Rules of Civil Procedure set out explicit time
limits for responses to discovery requests. If the attorney for Defendant or the pro se
Plaintiff cannot respond on time, this fact should be communicated by the most
expeditious means to opposing counsel or the opposing party; and if consent to an
extension of time cannot be obtained, a motion requesting the same should be
Case No: 5:11-cv-414-MW-GRJ

Page 3 of 4

immediately filed and served. In the meantime, no motion to compel a response shall
be filed. Stipulations extending the time for responses to discovery may be made only
as authorized by Fed. R. Civ. P. 29, and N.D. Fla. Loc. R. 6.1.
(6) Rule 37 Sanctions. The parties are advised that if a party fails to cooperate
in discovery, sanctions may be imposed on the recalcitrant party. Fed. R. Civ. P. 37.
Furthermore, prior to filing a motion to compel, the moving party must provide
certification that the "movant has in good faith conferred or attempted to confer with the
party not making the disclosure" in an effort to avoid judicial intervention. Fed. R. Civ.
P. 37(a)(2).
(7) Resolution of Discovery Controversies. As noted above, counsel and pro
se parties must attempt to resolve discovery controversies without the Court's
intervention. The Court will entertain a motion with respect to matters which remain in
controversy only if, after consultation and sincere attempts to resolve differences, the
parties are unable to reach an accord. Any motion filed shall include certification that
such attempts have been made, in accordance with Fed. R. Civ. P. 7(B) and Fed. R.
Civ. P. 37, and shall be in the form required by N.D. Fla. Loc. R. 26.2(B), (C).
(8) Summary Judgment Motions. Any motion for summary judgment filed
pursuant to Fed. R. Civ. P. 56 (or Rule 12(b)(6) which requires reference to matters
outside the pleading), shall be accompanied by a separate, short and concise
statement of the material facts as to which the moving party contends there is no
genuine issue to be tried. Failure to submit such a statement constitutes grounds for
denial of the motion. The statement shall reference the appropriate deposition,
affidavit, interrogatory, admission, or other source of the relied-upon material fact, by
Case No: 5:11-cv-414-MW-GRJ

Page 4 of 4

page, paragraph, number, or other detail sufficient to permit the Court to readily locate
and check the source. The party opposing a motion for summary judgment shall, in
addition to other papers or matters permitted by the rules, file and serve a separate,
short and concise statement of the material facts as to which it is contended that there
exists a genuine issue to be tried, in the format set forth above. All material facts set
forth in the statement required to be served by the moving party will be deemed to be
admitted unless controverted by the statement required to be filed and served by the
opposing party. See N.D. Fla. Loc. R. 56.1(A).
Motions for summary judgment will be taken under advisement as specified in a
subsequent court order. The parties will be directed to submit a response to any such
motion that is filed and may await the issuance of an order specifically directing the
response.
(9) Amendments. This order may be amended by the Court on its own motion
or upon motion of any party.
IT IS FURTHER ORDERED that the Clerk shall return this file to the undersigned
no later than April 29, 2013.
DONE AND ORDERED this 29th day of January 2013.

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

Case No: 5:11-cv-414-MW-GRJ