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8-K/A - 8-K/A - GLOBAL DIGITAL SOLUTIONS INC | gdsi_8ka.htm |
UNITED
STATES DISTRICT COURT
SOUTHERN
DISTRICT OF FLORIDA
Case
No. 18-80106-Civ-Middlebrooks/Brannon
GLOBAL
DIGITAL SOLUTIONS, INC.,
Plaintiff,
v.
GRUPO
RONTAN ELECTRO
METLURGICA,
S.A., et al.,
Defendants.
_________________________________________
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PRETRIAL SCHEDULING ORDER
AND ORDER REFERRING CASE TO MEDIATION
THIS
CAUSE is before the Court upon order of reference from the district
court.
Pursuant to S.D. Fla. L. R. 16.1(b), the Court ORDERS the following:
1.
Trial: This case is set for trial before U.S. District
Judge Middlebrooks duringthe two-week trial period commencing
October 1, 2018 at 9:00 a.m., with a status conference/calendar
call set for September 26, 2018, at 1:15 p.m. This Court hereby
advises the parties of the opportunity to consent to a specially
set trial before a U.S. Magistrate Judge pursuant to 28 U.S.C.
§ 636(c). A fully executed consent form should be filed within
30 days from this Order’s date if the parties wish to consent
to trial before a U.S. Magistrate Judge. A sample form is attached
as Appendix A to this Scheduling Order.
2. Pretrial
Discovery, Rule 26(f) Conference and Discovery
Plan: Pretrial discovery
shall be conducted in accordance with S.D. Fla. L.R. 16.1 and 26.1,
and the Federal
1
Rules of Civil Procedure. The parties are directed to meet and
confer pursuant to Federal Rule of Civil Procedure 26(f). The
parties must consider the nature and basis of their claims and
defenses and the possibilities for promptly settling or resolving
the case; make or arrange for the disclosures required by Rule
26(a)(1); discuss any issues about preserving discoverable
information; and develop a proposed discovery plan. The
parties’ joint discovery plan must be filed by the deadline
set forth in paragraph 10 this Order and include:
(1)
an
estimated valuation of the case from the perspective of Plaintiff
and Defendant;
(2)
the
date for exchanging initial disclosures pursuant to Rule
26(a)(1);
(3)
the
subjects on which discovery may be needed;
(4)
whether
the Parties can agree to limit discovery on particular issues
through stipulation;
(5)
what
document discovery is needed;
(6)
whether
discovery should be conducted in phases;
(7)
whether
the Parties expect to have disclosure, discovery, or preservation
of electronically stored information, and if so,
explain:
(a)
the
main information and documents sought;
(b)
the
expected costs of e-discovery; and
(c)
whether
alternatives to e-discovery are possible.
(8)
what
individuals each side intends to depose;
(9)
any
issues about claims of privilege or of protection as
trial-preparation materials, including—if the parties agree
on a procedure to assert these claims after
production—whether to ask the court to include their
agreement in an order under Federal Rule of Evidence
502;
(10)
what
changes should be made in the limitations on discovery imposed by
the Federal Rules of Civil Procedure or the Local Rules;
and
(11)
whether
early mediation or a settlement conference with a Magistrate Judge
prior to the close of discovery would be helpful.
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 deadlines set forth in this Order
shall remain unaltered.
3. Pretrial
Stipulation: Counsel must meet
at least 45 days prior to the beginningof the trial calendar to
confer on the preparation of a Joint Pretrial Stipulation. The
Joint Pretrial
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Stipulation shall be filed by the date set forth below and shall
conform to S.D. Fla. L.R. 16.1(e). The Court will not accept
unilateral pretrial stipulations, and will strike sua sponte any
such submissions. Should any of the parties fail to cooperate in
preparing the Joint Pretrial Stipulation, all other parties shall
file a certification with the Court stating the circumstances. Upon
receipt of such certification, the Court will issue an order
requiring the non-cooperating party or parties to show cause why
such party or parties (and their respective attorneys) should not
be held in contempt for failure to comply with the Court’s
order. The pretrial disclosures and objections required under Fed.
R. Civ. P. 26(a)(3) should be served, but not filed with the
Clerk’s Office, as the same information is required to be
attached to the parties’ Joint Pretrial
Stipulation.
4. Cases
Tried Before A Jury: In cases
tried before a jury, at least ONE WEEKprior to the beginning of the
trial calendar, the parties shall submit A SINGLE JOINT SET of
proposed jury instructions and verdict form, though the parties
need not agree on the proposed language of each instruction or
question on the verdict form. Where the parties do agree on a
proposed instruction or question, that instruction or question
shall be set forth in Times New Roman 14 point typeface.
Instructions and questions proposed only by the plaintiff(s) to
which the defendant(s) object shall be italicized. Instructions and
questions proposed only by defendant(s) to which plaintiff(s)
object shall be bold-faced. Each jury instruction shall be typed on
a separate page and, except for Eleventh Circuit Pattern
instructions clearly identified as such, must be supported by
citations to authority. In preparing the requested jury
instructions, the parties shall use as a guide the Pattern Jury
Instructions for civil cases approved by the Eleventh Circuit,
including the directions to counsel contained therein. A copy of
the proposed jury
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Instructions and verdict form shall be sent in
Word or WordPerfect format to: middlebrooks@flsd.uscourts.gov.
5. Cases Tried Before The
Court: In cases tried before
the Court, at least ONE
WEEK prior to the beginning of the trial calendar,
a copy of the proposed Findings of Fact and Conclusions of Law
shall be sent in Word or WordPerfect format to: middlebrooks@flsd.uscourts.gov.
Proposed Conclusions of Law must be
supported by citations to
authority.
6. Exhibits: All exhibits must be pre-marked. A typewritten
exhibit list setting forth
the number, or letter, and description of each exhibit must be
submitted at the time of trial. The parties shall submit said
exhibit list on Form AO 187, which is available from the
Clerk’s office.
7. Motions to Continue
Trial: A Motion to Continue
Trial shall not stay the requirement
for the filing of a Pretrial Stipulation and, unless an emergency
situation arises, such Motion will not be considered unless it is
filed at least 20 days before the date on which the trial calendar
is scheduled to commence.
8. Pretrial Motions:
Any party filing a pretrial motion
shall submit a proposed order
granting the motion.
9. Non-compliance With This
Order: 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 ensure an expeditious resolution of this
cause.
4
10. Pretrial Schedule:
The parties shall adhere to the
following schedule, which shall
not be modified absent compelling circumstances. Any motions to
modify this schedule shall be directed to the attention of U.S.
District Judge Donald M. Middlebrooks.
Within 14 days of first
Defendant’s appearance
Discovery Plan shall be filed. See Fed. R. Civ. P.
26(f)(3).
March 21,
201
Joinder of Additional Parties and Amend Pleadings.
April 2, 2018Any motions for
class certification shall be filed.
April 16, 2018
Plaintiff
shall provide opposing counsel with a written list with 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. Plaintiff shall also furnish opposing counsel with expert
reports or summaries of its expert witnesses’ anticipated
testimony in accordance with Fed. R. Civ. P. 26(a)(2). Within the
30 day period following this disclosure, Plaintiff shall make its
experts available for deposition by Defendant. The experts’
deposition may be conducted without further Court
order.
May 14, 2018
Defendant
shall provide opposing counsel with a written list with 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. Defendant shall also furnish opposing counsel with expert
reports or summaries of its expert witnesses’ anticipated
testimony in accordance with Fed. R. Civ. P. 26(a)(2). Within the
30 day period following this disclosure, Defendant shall make its
experts available for deposition by Plaintiff. The experts’
deposition may be conducted without further Court
order.
Note:
The above provisions pertaining to
expert
witnesses do not apply to treating
physicians, psychologists or other health
providers.
June 11, 2018
Parties
shall furnish opposing counsel with a written list containing the
names and addresses of all witnesses intended to be called at trial
and only those witnesses listed shall be permitted to
testify.
June 25,
2018
All
discovery shall be completed.
July 23,
2018
All
Pretrial Motions, including summary judgment motions and
Daubert motions, and motions in limine shall be filed.
5
September 4, 2018
Joint
Pretrial Stipulation shall be filed. Designations of deposition
testimony shall be made.
September 17,
2018
Objections
to designations of deposition testimony shall be filed.
Late
designations shall not be admissible absent exigent
circumstances.
September 24, 2018
Jury
Instructions or Proposed Findings of Fact and Conclusions of Law
shall be filed.
September 26,
2018
Status
Conference/Calendar Call.
11.
Order of Referral to
Mediation/Settlement Conference: Pursuant to Local Rule
16.2, this case is referred to mediation as follows:
a. All
parties must complete mediation or a settlement conference at least
60 days before the scheduled trial date.
b. The
parties may request a settlement conference before the undersigned
Magistrate Judge in lieu of mediation with a certified mediator.
Such conference will satisfy the requirement of court-ordered
mediation, assuming good faith participation by the parties. To
make the request, a designated party should contact Judge
Brannon’s Chambers (561-803-3470) within 60 days of this
Order’s date with proposed conference dates. Thereafter, an
order will issue setting forth the date, time, place, and
procedures for the settlement conference.
c. Otherwise,
Plaintiff’s counsel, or other designated counsel, shall
schedule a mediation conference. The parties are encouraged to
avail themselves of the services of any mediator on the List of
Certified Mediators, maintained in the office of the Clerk of the
Court, but may select any other mediator. The parties shall agree
upon a mediator and file a Notice of Mediator Selection within 14
days of Defendant’s appearance. If there is no agreement,
lead counsel shall promptly file a Request for Clerk to Appoint
Mediator. The Clerk of the Court
6
shall
then designate, on a blind rotation basis, a mediator from the List
of Certified Mediators. If the parties cannot mutually agree to a
place, date, and time for the mediation, they may move the Court
for an order dictating the place, date, and time.
d. The
appearance of counsel and each party or representatives of each
party with full authority to enter into a full and complete
compromise and settlement is mandatory. If insurance is involved,
an adjuster with authority to settle up to the policy limits or the
most recent demand, whichever is lower, shall attend.
e. The
Court may impose sanctions against parties or counsel who do not
comply with the attendance or settlement authority requirements.
The mediator shall report non- attendance and may recommend
imposition of sanctions by the Court for
non-attendance.
f. If
the parties elect to proceed to mediation but no complete
settlement is reached, they may move for a settlement conference
before the undersigned later in the proceedings.
12. Settlement: If the case is settled, counsel shall promptly
inform the Court by calling
the chambers of U.S. District Judge Donald M. Middlebrooks at (561)
514-3720 and, within 10 days of notification of settlement to the
Court, submit an appropriate Motion and proposed order for
dismissal, pursuant to Federal Rule of Civil Procedure 41(a). The
parties shall attend all hearings and abide by all time
requirements unless and until an order of dismissal is
filed.
DONE AND ORDERED
in Chambers at West Palm Beach in the
Southern District of Florida, this 5th day of February,
2018.
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DAVE
LEE BRANNON
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U.S.
MAGISTRATE JUDGE
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7
APPENDIX A
UNITED
STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
NOTICE
OF RIGHT TO CONSENT TO DISPOSITION OF A CIVIL CASE BY A U.S.
MAGISTRATE JUDGE
Counsel
shall review this notice with their client(s) before executing
their notice of consent to trial before a U.S. Magistrate
Judge.
Under 28 U.S.C. ∍636(c),
a U.S. Magistrate Judge may, upon the consent of all the parties in
a civil case, conduct all proceedings, including a trial and all
post-judgment proceedings. A consent form is attached and is also
available from the Clerk of the Court.
You
have a right to trial by a U.S. District Judge. Your decision to
consent to the referral of your case to a U.S. Magistrate Judge for
disposition is entirely voluntary on your part; your lawyer cannot
make this decision for you. You may, without adverse substantive
consequences, withhold your consent, but this will prevent the
Court’s jurisdiction from being exercised by a Magistrate
Judge. If any party withholds consent, the identity of the parties
consenting or withholding consent will not be communicated to any
Magistrate Judge or to the District Judge to whom the case has been
assigned.
Parties
cannot withdraw their consent once given, although a District Judge
may vacate a referral upon a showing of extraordinary circumstances
by a party. An appeal from a judgment entered by a Magistrate Judge
shall be taken directly to the U.S. Court of Appeals for this
judicial circuit in the same manner as an appeal from any other
judgment of this District Court.
8
UNITED
STATES DISTRICT OF FLORIDA SOUTHERN DISTRICT OF
FLORIDA
Case No.
[
]-Civ-Middlebrooks/Brannon
[
],
Plaintiff(s),
v.
[
],
Defendant(s).
____________________________________
/
NOTICE OF CONSENT TO
EXERCISE OF JURISDICTION BY A U.S.
MAGISTRATE JUDGE
In accordance with the provisions of 28
U.S.C. ∍
636(c) and Federal Rule of Civil
Procedure 73, the parties in this case consent to have a U.S.
Magistrate Judge conduct any and all proceedings in this case, the
Parties consent to the exercise of jurisdiction by the Magistrate
Judge over all further proceedings in this case, including trial
and all post-judgment proceedings.
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