Silvers v. Google, Inc.

Filing 3

PRETRIAL ORDER filed: Scheduling Conference deadline: <date not set> Scheduling Meeting Report due <date not set> ( Signed by Judge Kenneth L. Ryskamp on 05/05/05) [EOD Date: 5/6/05] (dj, Deputy Clerk)

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Case 9:05-cv-80387-KLR Document 3 Entered on FLSD Docket 05/06/2005 Page 1 of 3 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORID A Case #05-80387-CIV - RYSKAMP \VITUNA C Steven A . Silvers Plaintiff vs . MAY d 5 200 5 CLARENCE MAPDOX CLERK U DUST S . D. OE .S i T- nT F 1 Google, Inc . ORDER OF PRETRIAL PROCEDURE S Defendant This Order has been entered upon the filing of the Complaint . Plaintiffs counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. The Court directs the parties to review and comply with all Federal Rules of Civil Procedure governing pretrial procedures, and with all relevant general rules promulgated in the Southern District of Florida, including S .D . Fla. LR 26 .1 and 16 .1 . The parties shall hold a scheduling meeting within twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within ninety (90) days after the filing of a complaint, whichever shall first occur, and prepare a scheduling report (that complies with Rule 16 .1(B)(2)) and a joint proposed Scheduling Order (a copy of which is attached), which shall be submitted to the court . It is no longer necessary to submit stamped, self-addressed envelopes for mailing ; however, you must submit a service list of all counsel to be served in this action . At the aforementioned scheduling meeting the parties shall fulfill all the purposes and requirements of the discovery planning meeting required by Fed . R. Civ . P . 26(f), as amended . FAILURE OF COUNSEL TO FILE A SCHEDULING REPORT WILL RESULT IN DISMISSAL, DEFAULT AND THE IMPOSITION OF OTHER SANCTIONS INCLUDING ATTORNEYS FEES, COSTS AND EXPENSES . See S .D . Fla. LR 16.1(M) DONE AND ORDERED in Chambers at West Palm Beach , Flo ri da, this 2 2005 . day of May, NNETH L . RYSKAM P : rtJNITED STATES DISTRICT JUDGE Copies Provided Gail A. McQuilkin Case 9:05-cv-80387-KLR Document 3 Entered on FLSD Docket 05/06/2005 Page 2 of 3 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORID A Case #05-80387-CIV-RYSKAM P Steven A. Silvers 1 lairluii SAMPLE SCHEDULING ORDER Pursuant to Local Rule 16 .1(b)(7), IT IS ORDERED AND ADJUDGED as follows : 1 . No pretrial conference shall be held in this action, unless the parties so request or the Court determines, sua sponte, that a pretrial conference is necessary . Should a pretrial conference be set, the compliance deadlines as set forth in the remainder of this Order shall remain unaltered . 2 . Counsel shall meet at least ONE MONTH prior to the beginning of the trial calendar to confer on the preparation of a pretrial stipulation . 3 . The original and one copy of a joint pretrial stipulation shall be filed on or before the date set forth in the attached Notice of Trial and shall conform to Local Rule 16 .1(e) . The Court will not allow unilateral pretrial stipulations . 4 . In cases tried before a jury, each party shall file the original and one copy of the proposed jury instructions at least ONE WEEK prior to the beginning of the trial calendar . Each jury instruction shall be typed on a separate sheet and must be supported by citation of authority . In preparing their requested jury instructions, the parties shall utilize as a guide the Pattern Jury Instructions for civil cases approved by the United States Eleventh Circuit, including the Directions to Counsel contained therein . At the close of the evidence, a party may file additional instructions covering matters occurring at the trial that could not reasonably be anticipated, and with the Court's permission, file untimely requests for instructions on any issue . 1 Case 9:05-cv-80387-KLR Document 3 Entered on FLSD Docket 05/06/2005 Page 3 of 3 5 . In cases tried before the Court, each party shall file the original and one copy of the proposed findings of fact and conclusions of law at least ONE WEEK prior to the beginning of the trial calendar . Proposed conclusions of law shall be supported by citations of authority. 6 . All exhibits must be pre-marked . The plaintiff and defendant shall both mark their exhibits numerically . A typewritten exhibit list setting forth the number, and description of eac h 1 Y ' . _1 _11 1 _ VAlll Vll O 11Gl V v -A . . . .- ... . . . .- -- T1,a part ;ac _11n11 cnhmit s iid exhibit list on Form AO 187, which is available from the Clerk's office . motion for contin u stipulation and, unless an emergency situation arises, a motion for continuance will not be considered unless it is filed at least twenty (20) days prior to the date on which the trial calendar is scheduled to commence . 8 . Non-compliance with any provision of this order may subject the offending party to sanctions or dismissal . It is the duty of all counsel to enforce the timetable set forth herein in order to insure an expeditious resolution of this cause . 9 . The following timetable shall govern the pretrial procedure in this case . This schedule shall not be modified absent compelling circumstances . * Joinder of additional parties and amended pleading s * Plaintiff shall furnish opposing counsel with a written list containing the names and addresses of all expert witnesses intended to be called at trial and only those expert witnesses listed shall be permitted to testify . Within the 14 day period following this disclosure, the plaintiff shall make its experts available for deposition by the defendant . The experts' depositions may be conducted without further order from the Court . Defendant shall furnish opposing counsel with a written list containing the names and addresses of all expert witnesses intended to be called at trial and only those exe rt witnesses listed shall be permitted to testify . Within the 14 day period following this disclosure, the defendant shall make its experts available for deposition by the plaintiff . The experts' depositions may be conducted without further order from the Court . * 2

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