Motorola Mobility, Inc. v. Microsoft Corporation

Filing 190

MOTION for Specially Set Trial Date by Microsoft Corporation. (Attachments: #1 Exhibit Index, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Text of Proposed Order)(Miner, Curtis)

Exhibit D

Case 0:03-cv-60867-SH Document 53

Entered on FLSD Docket 06/15/2005 Page 1 of 7

IN THE UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
(Miami Division)

Jun 15 2005

CASE NO: 03-60867-CIV-HIGHSMITH (GARBER)
ABBOTT LABORATORIES, an Illinois
corporation,
Plaintiff,
vs.
ANDRX CORPORATION, a Delaware
corporation, ANDRX PHARMACEUTICALS,
INC., a Florida corporation, and ANDRX LABS,
INC., a Florida corporation, and ANDRX LABS,
L.L.C., a Delaware limited liability company,
Defendants.

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JOINT MOTION FOR A SPECIALLY SET TRIAL DATE
Plaintiff Abbott Laboratories (“Abbott”) and Defendants Andrx Corp., Andrx
Pharmaceuticals, Inc., Andrx Labs, Inc., and Andrx Labs, LLC (collectively, “Andrx”) hereby
move the Court for a specially set trial date, and state as follows:
1.

This patent infringement action, brought pursuant to the federal Hatch-Waxman

Act, focuses on whether the proposed generic product described in Andrx’s New Drug
Application No. 21-617 would, if allowed on the market, infringe the claims of two patents
owned by Abbott. Andrx has denied infringement.
2.

The matter is currently scheduled for trial before the Court during the two-week

period commencing July 18, 2005, with calendar call scheduled for July 15, 2005. See Order
Resetting Trial Date and Discovery Schedule [D.E 40].

{M2269484;1}

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Case 0:03-cv-60867-SH Document 53

3.

Entered on FLSD Docket 06/15/2005 Page 2 of 7

The overwhelming majority of witnesses that the parties intend to call at trial

reside outside the State of Florida and, therefore, will need to travel to Miami for the trial. In
addition, Abbott’s lead counsel are located in Chicago, Illinois, as are the Abbott representatives
who will be attending the trial.1 Similarly, Andrx’s co-lead counsel resides in New York.
4.

At this time, the parties believe that this case could be tried in approximately

seven days.
5.

Abbott anticipates calling the following four out-of-town witnesses: (i) Dr. Jerry

L. Atwood (Chair of the Department of Chemistry at the University of Missouri); (ii) Dr.
Thomas Niemczyk (Chair of the Department of Chemistry at the University of New Mexico);
(iii) Eric J. Munson (Associate Professor of Chemistry at Kansas University); and (iv) possibly
Boyong Li (a former Andrx employee who now works for Mylan Pharmaceuticals in
Morgantown, West Virginia). Each of these witnesses has substantial responsibilities in his
workplace and will need to make special arrangements to be available for trial. Although Abbott
may revise its list of witnesses closer to the trial date, that would not alter the fact that the
majority of Abbott’s witnesses, its corporate representatives, and its counsel are located out of
state.2
6.

Andrx anticipates calling the following three out-of-town witnesses: (i) Dr. Harry

Brittain (who resides in Milford, NJ); (ii) Dr. Joseph Gardella (Professor of Chemistry at the
State University of New York at Buffalo); and (iii) Dr. Cecil Dybowski (Professor of Chemistry

1

James R. Daly of Jones Day in Chicago, Illinois has been admitted pro hac vice. See Order Granting Motion for
James R. Daly to Appear Pro Hac Vice in Abbott Laboratories v. Andrx Corp. et al., Case No. 00-6520 (S.D. Fla.)
[D.E. 22]. By Order dated October 22, 2003 [D.E. 20], this Court held that the pro hac vice admissions in Case No.
00-6520 shall apply to this case. In addition, Daniel E. Reidy and Jason G. Winchester of Jones Day in Chicago,
Illinois, will be applying for pro hac vice admission shortly.
2

The parties are required to submit a joint pretrial stipulation on June 27, 2005.

{M2269484;1}

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2

Case 0:03-cv-60867-SH Document 53

Entered on FLSD Docket 06/15/2005 Page 3 of 7

at the University of Delaware). Like the witnesses for Abbott, each of these gentlemen has
substantial responsibilities that will need to be rearranged so that he can be available for trial.
7.

Bringing all of these persons to Miami for trial is obviously quite an undertaking,

requiring a great deal of expense, jostling schedules, transporting voluminous records from
several different states, securing lodging and workspace, and the like. Abbott and Andrx are, of
course, willing to do this, but both would prefer, if at all possible, to do it only once. It would be
a tremendous waste of the parties’ resources to present for trial at the July 15, 2005 calendar call,
only to find that, for whatever reason, the case cannot be tried.
8.

Accordingly, Abbott and Andrx respectfully and jointly request that the trial of

this matter be specially set by the Court. The Court has had specially-set dates for the litigation
between these parties in the past (see D.E. 38 and 51 entered in case number 00-6520, the
precursor to this action), and the parties submit that a specially-set trial date would eliminate the
potential expense and prejudice that would result if all of the witnesses, counsel and other
representatives traveled to Miami only to have the trial postponed.
9.

This motion is made in good faith and not for the purpose of delay. Rather,

Abbott and Andrx simply seek the security of a firm trial date.
10.

For the Court’s convenience, a proposed order is attached hereto.

WHEREFORE, Abbott and Andrx respectfully request that the Court grant their Motion
for a Specially Set Trial Date.

{M2269484;1}

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3

Case 0:03-cv-60867-SH Document 53

Entered on FLSD Docket 06/15/2005 Page 4 of 7

Dated: June 15, 2005
ANDRX CORPORATION
ANDRX PHARMACEUTICALS, INC.
ANDRX LABS, INC.
ANDRX LABS, LLC

ABBOTT LABORATORIES

/s/ Julie E. Nevins_______________________
David C. Goodwin
Fla. Bar No. 030237
John F. O’Sullivan
Fla. Bar No. 143154
Julie E. Nevins
Fla. Bar. No. 0182206
AKERMAN SENTERFITT
One Southeast Third Avenue, Suite 2800
Sun Trust International Center
Miami, FL 33131
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
OF COUNSEL

/s/ Gerald J. Houlihan____________________
Gerald J. Houlihan
Fla. Bar No. 0458430
HOULIHAN & PARTNERS, P.A.
2600 Douglas Road, Suite 600
Miami, FL 33134
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

Martin P. Endres
Hedman & Costigan
1185 Avenue of the Americas
New York, NY 10036
[phone]

Daniel E. Reidy
James R. Daly
Jason G. Winchester
JONES DAY
77 West Wacker, Suite 3500
Chicago, Illinois 60601-1692
[phone]
Laura J. Schumacher
Sarah R. Lyke
ABBOTT LABORATORIES
100 Abbott Park Road
Abbott Park, IL 60064-6034

{M2269484;1}

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4

Case 0:03-cv-60867-SH Document 53

Entered on FLSD Docket 06/15/2005 Page 5 of 7

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Joint Motion for
Specially Set Trial Date was furnished by fax and U.S. Mail this 15th day of June, 2005 upon:
Martin Endres
Hedman & Costigan
1185 Avenue of the Americas
New York, NY 10036-2646

Gerald Houlihan
Houlihan & Partners
2600 Douglas Road, Suite 600
Miami, FL 33134

/s/ Julie E. Nevins________________________
Julie E. Nevins

{M2269484;1}

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5

Case 0:03-cv-60867-SH Document 53

{M2269484;1}

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Entered on FLSD Docket 06/15/2005 Page 6 of 7

Case 0:03-cv-60867-SH Document 53

Entered on FLSD Docket 06/15/2005 Page 7 of 7

IN THE UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO: 03-60867-CIV-HIGHSMITH (GARBER)
ABBOTT LABORATORIES, an Illinois
corporation,
Plaintiff,
vs.
ANDRX
CORPORATION,
a
Delaware
corporation, ANDRX PHARMACEUTICALS,
INC., a Florida corporation, and ANDRX LABS,
INC., a Florida corporation, and ANDRX LABS,
L.L.C., a Delaware limited liability company,
Defendants.

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ORDER SPECIALLY SETTING TRIAL DATE
THIS CAUSE coming to be heard on the parties’ Joint Motion for Specially Set Trial
Date filed June 15, 2005, and the Court being fully advised in the premises, it is hereby
ORDERED that trial in this matter is specially set to commence on ____________________, at
9:00a.m., before the Honorable Shelby Highsmith, United States District Judge, at the James
Lawrence King Federal Justice Building, Tenth Floor, Courtroom 5, 99 N.E. 4th Street, Miami,
Florida. Calendar Call shall be held on _______________________, at _______ at the same
location. All other provisions of the Order Resetting Trial Date and Discovery Schedule [D.E.
40] shall remain in full force and effect.
DONE and ORDERED in chambers at Miami-Dade County, Florida, this ____ day of
June, 2005.
___________________________________
SHELBY HIGHSMITH
UNITED STATES DISTRICT JUDGE
cc:

John F. O'Sullivan, Esq.
Gerald J. Houlihan, Esq.

{M2269489;1}CHI-1482478v1

7 of 7

Case 0:03-cv-60867-SH Document 61

Entered on FLSD Docket 07/01/2005 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORID A
CASE NO : 03-60867-CIV-HIGHSMITH (GARBER )
ABBOTT LABORATORIES, an Illinoi s
corporation,
Plaintiff,
vs .
ANDRX CORPORATION,
a Delaware
corporation , ANDRX PHARMACEUTICALS,
INC ., a Florida corporation, and ANDRX LABS,
INC ., a Flo ri da corporation, and ANDRX LABS,
L .L .C ., a Delaware limited liability company ,
Defendants .
ORDER SPECIALLY SETTING TRIAL DAT E

THIS CAUSE coming to be heard on the parties' Joint Motion Jbr Specially Set Trial
Date tiled June 15, 2005, and the Court being fully advised in the} premises, it is hereby
ORDERED that trial in this matter is specially set to commence on ~C7r~='~r Z~ Iat
k) 3D& .rn
Wiffift, before the Honorable Shelby Highsmith, United States District Judge, at the Jame s
Lawrence King Federal Justice Building, Tenth Floor, Courtroom 5, 99 N .E . 4" Street, Miami ,

Florida . Calendar Call shall be held on O <_ N ,

200 5

at

at the sam e

location . All other provisions of the Order Resetting Trial Date and Discovery Schedule [D .E .
40] shall remain in full force and effect .
DONE and ORDERED in chambers at Mianii -Dade County, Florida, this~~- day o f
Junc, 2005 .

C-7O
cc : John F . O'Sullivan, Esq .
Gerald J . Houlihan, Esq .

(M2269489 ;1 )CHI-14824711vI

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SHELBY HIGHSMITI I
UNITED SPATES DISTRICT JUDG E

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AMS, CLOSED, MEDIATION, REF_TRL

U.S. District Court
Southern District of Florida (Ft. Lauderdale)
CIVIL DOCKET FOR CASE #: 0:08-cv-61486-AMS

Bonner v. American Offshore Marine,Inc.
Assigned to: Magistrate Judge Andrea M. Simonton
Cause: 42:1981 Civil Rights

Date Filed: 09/18/2008
Date Terminated: 02/10/2010
Jury Demand: Defendant
Nature of Suit: 442 Civil Rights: Jobs
Jurisdiction: Federal Question

Plaintiff
Donovan Bonner

represented by Anthony Maximillien Georges-Pierre
Remer & Georges-Pierre PLLC
11900 Biscayne Boulevard
Suite 288
North Miami, FL 33181
305-416-5000
Fax: [phone]
Email: [e-mail]
TERMINATED: 11/09/2009
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Matthew Stanley Weber
Remer & Georges-Pierre PLLC
11900 Biscayne Boulevard
Suite 288
North Miami, FL 33181
305-416-5000
Fax: [phone]
Email: [e-mail]
TERMINATED: 11/09/2009
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Donna Marie Nanan
Law Office of Donna Nanan PL
110 E. Broward Blvd., Suite1700
Fort Lauderdale, FL 33301
954-552-8557
Email: [e-mail]
ATTORNEY TO BE NOTICED

V.
Defendant

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06/26/2009

35

PAPERLESS ORDER re-setting telephonic status and scheduling conference.
The telephonic status and scheduling conference, which was previously set for
July 1, 2009, is hereby re-set for Monday, June 29, 2009 at 1:30 p.m. If the
parties desire to alter the existing Scheduling Order, the parties shall file the
Proposed Time Schedule -- which is attached to this Court's 32 prior Order -on or before June 29, 2009 at 10:30 a.m. Signed by Magistrate Judge Andrea
M. Simonton on 6/26/09. (jse) (Entered: 06/26/2009)

06/27/2009

36

NOTICE by Donovan Bonner Notice of Filing Proposed Joint Scheduling
Report and Discovery Plan (Georges-Pierre, Anthony) (Entered: 06/27/2009)

06/29/2009

37

TEXT Minute Entry for proceedings held before Magistrate Judge Andrea M.
y
p
g
g
g
Simonton: Status and Scheduling Conference held on 6/29/2009. Attorney
g
f
y
Anthony Georges-Pierre appeared on behalf of the Plaintiff. Attorney Joseph
y
g
pp
f
y
p
Wolsztyniak appeared on behalf of the Defendant. Joint scheduling order dates
y
pp
g
discussed. (Specially set jury trial to commence 6/21/2010 09:00 AM in Miami
( p
y
j y
Division before Magistrate Judge Andrea M. Simonton. Pretrial Conference set
g
g
for 6/11/2010 10:00 AM in Miami Division before Magistrate Judge Andrea
g
g
M. Simonton). (Digital 13:36:35.) (Tape #09-FX-51-434.) (aw) (Entered:
06/29/2009)

07/02/2009

38

ORDER SETTING PRETRIAL AND TRIAL DATES and establishing
Pretrial Procedures : Pretrial Conference set for 6/11/2010 10:00 AM in Miami
Division before Magistrate Judge Andrea M. Simonton. Jury Trial set for
6/21/2010 09:00 AM before Magistrate Judge Andrea M. Simonton. Expert
Discovery due by 4/1/2010. Fact Discovery due by 2/1/2010. Motions due by
8/3/2009. Pretrial Stipulation due by 5/27/2010.. Signed by Magistrate Judge
Andrea M. Simonton on 7/1/2009. (tb) (Entered: 07/06/2009)

08/07/2009

39

NOTICE of Mediator Selection: Martin A. Soll selected.(Georges-Pierre,
Anthony) (Entered: 08/07/2009)

08/31/2009

40

PAPERLESS ORDER requiring Joint Status Report regarding mediation.
Pursuant to this Court's Scheduling Order 38 , the parties are required to
complete mediation on or before September 1, 2009. An examination of the
record discloses that the parties have selected a mediator 39 , but that the
parties have neither filed a notice scheduling mediation nor any indication that
mediation has occurred. Therefore, on or before September, 4, 2009, the parties
shall file a Joint Status Report regarding their compliance with this
requirement. Signed by Magistrate Judge Andrea M. Simonton on 8/31/2009.
(dlt) (Entered: 08/31/2009)

08/31/2009

Set Deadline: Status Report due by 9/4/2009. (dm) (Entered: 09/01/2009)

09/04/2009

41

REPORT REGARDING JOINT MEDIATION by Donovan Bonner. (GeorgesPierre, Anthony) (Entered: 09/04/2009)

09/21/2009

42

Notice of Mediation Hearing before Mediator, Martin A. Sollfiled by Martin
A. Soll. Mediation Hearing set for 10/6/2009 02:00 PM (Salmon, John)
(Entered: 09/21/2009)

09/21/2009

43

NOTICE OF SCHEDULING MEDIATION AND REQUEST FOR ORDER
SETTING MEDIATION by Donovan Bonner (Georges-Pierre, Anthony)

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Case 0:08-cv-61641-FAM Document 85

Entered on FLSD Docket 07/22/2009 Page 1 of 1

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BLG, REF_DISCOV, STAYED

U.S. District Court
Southern District of Florida (Miami)
CIVIL DOCKET FOR CASE #: 1:09-cv-21893-WMH

Chow et al v. Chau et al
Assigned to: Senior Judge William M. Hoeveler
Referred to: Magistrate Judge William C. Turnoff
Cause: 28:1331 Fed. Question: Trademark

Date Filed: 07/08/2009
Jury Demand: Defendant
Nature of Suit: 840 Trademark
Jurisdiction: Federal Question

Plaintiff
Michael Chow
also known as
"MR. CHOW"

represented by Alan Jay Kluger
Kluger Kaplan Silverman Katzen &
Levine PL
201 S Biscayne Boulevard
Suite 1700
Miami, FL 33131
305-379-9000
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Joan Marie Canny
Amerijet International, Inc.
2800 South Andrews Avenue
Fort Lauderdale, FL 33316
954-320-5367
Fax: [phone]
Email: [e-mail]
TERMINATED: 12/09/2010
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Lisa Jaffa Jerles
Kluger Kaplan
Miami Center
201 S Biscayne Boulevard
Suite 1700
Miami, FL 33131-8424
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Michael B. Chesal
Peretz Chesal & Herrmann, PL
Miami Center
201 S Biscayne Boulevard

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03/08/2011

238

ORDER denying 203 Motion for Sanctions; denying 204 Motion for
Contempt. Signed by Magistrate Judge William C. Turnoff on 3/7/2011.
(mao) Modified text/signature date on 3/9/2011 (dgj). (Entered: 03/08/2011)

03/16/2011

239

PAPERLESS NOTICE of Hearing: RULE 16 Status Conference set for
3/30/2011 01:15 PM in Miami Division before Senior Judge William M.
Hoeveler. In the event this case should settle, counsel are instructed to notify
chambers immediately. (ch1) (Entered: 03/16/2011)

03/30/2011

240

PAPERLESS Minute Entry for proceedings held before Senior Judge William
M. Hoeveler: Rule 16 hearing held on 3/30/2011. Parties Present: Roberto
Martinez, Esq.; Curtis Miner, Esq.; Anthony Acetta., Esq. Jury Trial special
set for January 23, 2012; Pre-trial Conference date remains on December 5,
2011 @ 10:00 am. Parties agree that the Court will retain Magistrate Judge
Turnoff for any future need of reference due to the complexity of the case,
and the amount of work done on the case. Court Reporter: Robin Dispenzieri,
305-523-5659 / [e-mail] (tas) (Entered:
03/30/2011)

03/30/2011

241

PAPERLESS SCHEDULING ORDER: Final Pretrial Conference set for
12/5/2011 10:00 AM in Miami Division before Senior Judge William M.
g
Hoeveler. Jury Trial Special Set for 1/23/2012 before Senior Judge William
y
p
g
M. Hoeveler. Discovery due by 7/29/2011. Expert Discovery due by
y
y
p
y
y
7/29/2011. Fact Discovery due by 7/29/2011. Motions due by 9/2/2011.
y
y
y
Signed by Senior Judge William M. Hoeveler on 3/30/2011. (tas) (Entered:
g
y
03/30/2011)

05/11/2011

242

Clerk's Notice of Undeliverable Mail re 240 Status Conference,, 241
Scheduling Order,. US Mail returned for: return to sender attempt not known
unable to forward. The Court has not located an updated address for this
party. After two unsuccessful noticing attempts, notices from the Court will no
longer be sent to this party in this case until a correct address is provided.US
Mail returned for Sun Chun Hui. First return/attempt (Entered: 05/11/2011)

05/17/2011

243

Unopposed MOTION for Extension of Time extend pre-trial deadline for
disclosure of expert witnesses and reports Plaintiffs' Unopposed Motion to
Extend Pre-Trial Deadline for Disclosure of Expert Witnesses and Reports re
233 Notice (Other) by Michael Chow. Responses due by 6/3/2011
(Attachments: # 1 Text of Proposed Order)(Miner, Curtis) (Entered:
05/17/2011)

05/18/2011

244

Paperless ORDER granting 243 Unopposed Motion for Extension of Time.
The parties shall serve their disclosure of expert witnesses and reports on or
before June 17, 2011. Signed by Senior Judge William M. Hoeveler on
5/18/2011. (gm1) (Entered: 05/18/2011)

06/22/2011

245

NOTICE of Change of Address by Anthony Accetta (Accetta, Anthony)
(Entered: 06/22/2011)

06/22/2011

246

Unopposed MOTION to Withdraw as Attorney by Matthew A. Cuomo. by
Chak Yam Chau, Dave 60 NYC, Inc., Costin Dumitrescu, Yao Wu Fang,
Manny Hailey, Ping Ching Kwok, David Lee, Stratis Morfogen, Philippe
Express LLC, Philippe Miami LLC, Philippe North America Restaurants,

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Case 1:05-cv-20265-JEM Document 63

Entered on FLSD Docket 10/25/2006 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF FLORIDA
CASE NO. 05-20265-CIV-MARTINEZ-BANDSTRA
“Consent Motion”

COMMERCIAL JET, INC., a
Florida corporation,
Plaintiff,
vs.
WREN EQUIPMENT FINANCE LTD.,
a foreign corporation,
Defendant.
________________________________________/

JOINT MOTION TO SPECIAL SET NONJURY TRIAL
As suggested by the Court, Defendant WREN EQUIPMENT FINANCE
LTD. (“Wren”) and Plaintiff COMMERCIAL JET, INC. (“CJI”) hereby jointly
move for the entry of an Order specially setting this matter for nonjury trial and
state in support thereof:
1.

On March 2, 2006, this Court entered an Order setting the trial in

this matter for the two-week trial period commencing Monday, October 16, 2006
and ending Friday, October 28, 2006. [DE 38]. The parties and counsel
accordingly cleared their respective schedules to proceed with the trial during that
period.

Case 1:05-cv-20265-JEM Document 63

2.

Entered on FLSD Docket 10/25/2006 Page 2 of 4

On October 12, 2006, the parties appeared at the Court’s Calendar

Call at which they were informed by the Court that this matter would not be called
for trial during the previously set October 16 – October 28 period. The Court
stated, however, that this matter may be called for trial as a back-up case to a
criminal trial which was specially set to begin on Monday, October 30, 2006,
United States v. Layne and Scarpon, Case No.: 05-20419-CR-JEM. The Court
further informed that this matter would not be called for trial any earlier than
October 30, 2006, and that the parties would be provided with sufficient advance
notice and consideration of their respective scheduling conflicts thereupon. The
Court instructed counsel to provide any conflicts during this potential interval to
its courtroom and law clerks.
3.

Counsel for Plaintiff has advised of its conflicts which include:

October 30 – November 1, 2006 (trial in Key West, Florida), November 22 – 29,
2006 and February 1 – 2, 2007. Specific details of said conflicts will be provided
to the Court upon request.
4.

Defendant Wren is an English company and its business and

Defendant’s sole witness are located in London, England. As a result, Defendant
requires advance notice so that the appropriate arrangements can be timely made
to travel from London to attend trial in Miami, Florida. As requested, Defendant
has provided the Judge’s clerk with its party and counsel’s conflicts. These
include: November 2, 3, 7, 8, 16, 22 - 29, 2006; December 5, 8, 2006; January 8-

2

Case 1:05-cv-20265-JEM Document 63

Entered on FLSD Docket 10/25/2006 Page 3 of 4

10, 2007. Specific details of said conflicts will also be provided to the Court upon
request.
5.

The parties have since been advised, both by the Court and counsel

in United States v. Layne and Scarpon, Case No.: 05-20419-CR-JEM, that the case
will be proceeding to trial as scheduled on October 30, 2006. The parties have
also been informed that the United States v. Layne trial is expected to last at least
two to three weeks, thus consuming the entire October 30 trial period. The Court
has informed that it has another specially set two week trial commencing
November 13, 2006.
6.

On October 17, 2006, the Court, sua sponte, entered an Order asking

the parties to consider bilateral consent to a trial before a Magistrate Judge.
7.

However, on October 20, 2006, the parties respectfully filed a Notice

of Non-Consent to a Magistrate trial.
8.

As a result of (1) this matter not being called for trial during the

October 16 – October 28 period as previously scheduled, (2) the aforementioned
scheduling conflicts and (3) information that the October 30 specially set trial will
be proceeding as scheduled for two to three weeks, the Court has suggested that
the parties file a Joint Motion to specially set this nonjury trial, and to set out in
the Motion time periods that are mutually available for both parties.
9.

Therefore, at the Court’s suggestion, the parties jointly move to have

this trial specially set during a period mutually convenient for the parties and
available to the court. The trial in this matter is expected to last 3 - 4 days.
3

Case 1:05-cv-20265-JEM Document 63

Entered on FLSD Docket 10/25/2006 Page 4 of 4

As the Court requested, the parties suggest the following mutually available trial
periods for a special setting:
January 15 – January 19, 2007;
January 22 – January 26, 2007.
In addition to Plaintiff’s conflicts of February 1 - 2, 2007, counsel for
Plaintiff is on a four week calendar for a two day trial during the month of
February. If the Court would give consideration to these four conflicting days, the
parties would also be available during the remaining days of February for a special
setting.
10.

A jointly approved proposed form of Order is attached for entry by

the Court.
WHEREFORE, the parties, as suggested by the Court, respectfully request
the entry of an Order specially setting the trial in this matter at time mutually
convenient for the parties and the court.
Respectfully submitted,

Respectfully submitted,

McDONALD & McDONALD
Attys. for Commercial Jet, Inc.
1393 S.W. 1st Street
Suite 200
Miami, FL 33135-2386
[phone]
[phone] – fax
[e-mail]

JOHN C. DOTTERRER
COUNSELLORS AT LAW, P.A.
Attys. for Wren Equipment Finance Ltd.
125 Worth Avenue
Suite 310
Palm Beach, FL 33480
[phone]
[phone] – fax
[e-mail]

________/s/__________________
David M. McDonald, Esq.
Fla. Bar No. 0844380

_______/s/_________________
John C. Dotterrer, Esq.
Fla. Bar No. 267260

4

Case 1:05-cv-20265-JEM Document 64

Entered on FLSD Docket 11/02/2006 Page 1 of 1

UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF FLORIDA
Miami Division
Case Number: 05-20265-CIV-MARTINEZ-BANDSTRA
COMMERCIAL
Corporation,

JET,

INC.,

a

Florida

Plaintiff,
vs.
WREN EQUIPMENT FINANCE LTD., a foreign
corporation,
Defendant.
_____________________________________/
ORDER GRANTING JOINT MOTION TO SPECIAL SET NONJURY TRIAL
THIS CAUSE comes before the Court on the parties' Joint Motion to Special Set Nonjury
Trial (D.E. No. 63), filed on October 25, 2006. It is hereby:
ORDERED AND ADJUDGED that
1.

The parties' Joint Motion to Special Set Nonjury Trial (D.E. No. 63) is

GRANTED. Trial is specially set to begin on Tuesday, January 16, 2007 at 9:30 AM and to
continue until Friday, January 19, 2007 with calendar call commencing on Thursday,
January 4, 2007 at 1:30 p.m.
2.

All pretrial deadlines have expired and are not restarted by this Order.

DONE AND ORDERED in Chambers at Miami, Florida, this 1 day of November, 2006.
____________________________________
JOSE E. MARTINEZ
UNITED STATES DISTRICT JUDGE
Copies provided to:
Magistrate Judge Bandstra
All Counsel of Record