CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 10/23/2024; Dispositive motions due by 11/20/2024; Plaintiff disclosure of expert report due by 7/23/2024; Defendant disclosure of expert report due by 8/23/2024; Rebuttal disclosure of expert report due by 9/23/2024; Pretrial Conference set for MAY 19, 2025, at 01:30 PM in Tampa Courtroom 14 A before Judge Thomas P. Barber. Trial set for term commencing 6/2/2025 before Judge Thomas P. Barber. The parties anticipate a JURY TRIAL will take 8 days to complete. Conduct mediation hearing by 11/1/2024. Lead counsel to coordinate dates. Signed by Judge Thomas P. Barber on 12/28/2023. (SRC)
Page 1 PageID
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
TRUMP MEDIA & TECHNOLOGY
GROUP CORP.,
Plaintiff,
v.
Case No: 8:23-cv-1535-TPB-AAS
WP COMPANY LLC,
Defendant.
CASE MANAGEMENT AND SCHEDULING ORDER
This cause is before the Court for consideration of completion of discovery and
the scheduling of pretrial procedures and trial. The Court has considered the positions
of the parties as set forth in their case management report, and hereby enters the
following scheduling and case management requirements. These provisions are
precise and shall be strictly adhered to. Accordingly, it is ORDERED:
1.
Parties are reminded that the Federal Rules of Civil Procedure are
“construed, administered, and employed by the court and the parties to secure the
just, speedy, and inexpensive determination of every action and proceeding.” Rule 1,
Fed. R. Civ. P. It is expected that all parties will refrain from all conduct that violates
Rule 1 by frustrating the just, speedy, and inexpensive determination of the issues in
this case.
2.
Parties are directed to meet the agreed upon terms and time limits set
forth in their case management report, which to the extent not inconsistent with the
terms of this Order are specifically incorporated herein by reference, including as
noted below (including any exceptions deemed appropriate by the Court):
Plaintiff Expert Disclosure
Defendant Expert Disclosure
Rebuttal Expert Disclosure
Discovery Cut-Off
Summary Judgment, Daubert,
and other Dispositive Motions
July 23, August 23, September 23, October 23, November 20, 2024Page 2 PagelD
Parties are further directed to meet the pretrial disclosure requirements and deadlines
in Rule 26(a)(3), Fed. R. Civ. P. and to adhere timely to all requirements in Local Rule
3.06 concerning final pretrial procedures, as supplemented herein.
3. Mediation: The parties shall participate in court-annexed mediation on
or before November 1, 2024. The list of certified mediators is available in the Clerk's
Office or on the internet at www.flmd.uscourts.gov under "Attorney Resources." At
least thirty days prior to the mediation date, Plaintiff shall file a notice that informs
the Court of the date and time of the scheduled mediation, along with the name of the
selected mediator.
4. Case Management Conferences: Regular case management
conferences will be held in this case to facilitate the just, speedy, and inexpensive
determination of this case as required by Rule 1, Fed. R. Civ. P. An initial case
management conference was held in this case on December 13, 2023, and, at that
time a follow-up case management conference was set in Courtroom 14A, 801 North
Florida Avenue, Tampa, Florida, on April 24, 2024, at 1:30 PM. Additional case
management conferences will be set thereafter at the Court’s discretion. During case
management conferences the Court may conduct brief hearings on simple motions.
More complex motions may be set for a hearing at a future date, or decided on the
papers, as appropriate. The parties may (jointly or unilaterally) request additional
case management conferences by contacting Chambers by email at
CHAMBERS_FLMD_BARBER@flmd.uscourts.gov and explaining the reason for such
requests.
5. Trial: This case is set for Jury trial, along with other civil and criminal
matters, during the term commencing June 2, 2025, before the Honorable Tom
Barber in Courtroom 14A, 801 North Florida Avenue, Tampa, Florida. This trial term
is not a “time certain” setting and includes the entire month of June and shall be
verified on a separate trial calendar issued after the pretrial conference. Criminal
cases have priority for trial over civil cases. Counsel must be ready to begin trial at
any time during the assigned trial term upon forty-eight hours’ notice. Parties desiring
more certainty as to scheduling may consent to proceed before a U.S. Magistrate
Judge. See § 15 below. The trial in this case will take no longer than 8 days
(including jury selection if applicable).
6. Pretrial Conference: A pretrial conference will be held before Judge
Tom Barber, in Courtroom 14A, 801 North Florida Avenue, Tampa, Florida, on May
19, 2025, at 1:30 PM.
THE COURT WILL NOT ADDRESS DISCOVERY DISPUTES OF ANY
KIND AT TRIAL. ANY DISCOVERY DISPUTE FOR WHICH THE
PARTIES SEEK JUDICIAL RESOLUTION MUST BE ADDRESSED AT
OR BEFORE THE PRETRIAL CONFERENCE. THE PARTIES MAY
AGREE ON ANY MATTER REGARDING DISCOVERY, BUT EACH
PARTY ASSUMES THE RISK OF NON-COMPLIANCE BY THE
OTHER UNLESS THE ISSUE HAS BEEN ADDRESSED BY THE
COURT AT THE PRETRIAL CONFERENCE.
Page 2 of 3Page 3 PagelD
The Pretrial Conference shall be attended by counsel who will act as lead trial counsel
in the case and who is vested with full authority to make agreements with respect to
all matters pertaining to the trial. Furthermore, every party shall have a client with
full settlement authority (or other person with full settlement authority if the client does
not have such authority) in attendance at the pretrial conference.
7. Final Pretrial Meeting: Pursuant to Local Rule 3.06(a), at least
fourteen days before the pretrial conference, the parties must conduct a final pretrial
meeting to discuss jury instructions, verdict forms, and all matters identified in Local
Rule 3.06(a). All parties share responsibility for scheduling and participation in the
final pretrial meeting. However, Plaintiffs counsel shall have the primary
responsibility to coordinate compliance with the sections of this Order that require
meeting, coordination, and submission of joint materials. If the Plaintiff is proceeding
pro se, defense counsel shall coordinate compliance. If counsel is unable to coordinate
such compliance, counsel shall timely notify the Court by written motion or request for
a status conference.
8. Final Joint Pretrial Statement: Pursuant to Local Rule 3.06(b), at
least seven days before the pretrial conference, the parties shall file a final joint
pretrial statement with the Clerk of Court that will govern the trial and includes all of
the information required by Local Rule 3.06(b)(1-15). Any claim, defense or issue not
included in the Pretrial Statement is deemed abandoned and waived. This is a joint
document and parties shall not file individual pretrial statements.
9. If the case involves a jury trial, at least seven days before the pretrial
conference, the parties shall file with the Clerk of Court the following:
Joint Statement of the Nature of the Action. The parties are directed to
prepare a concise, one paragraph statement to be used in providing a basic
explanation of the case to the jury venire on the morning of jury selection. This
can be identical to that required by Local Rule 3.06(b)(2).
Proposed Jury Instructions and Verdict Form. The parties are directed to
confer on the jury instructions at the final pretrial meeting (as required by { above) and file with the Court a joint set of all proposed jury instructions,
bearing a cover sheet with the complete style of the case. The parties are not
permitted to avoid the requirement to meet and confer to discuss jury
instructions by simply submitting their own proposed jury instructions
individually. The joint set of proposed instructions must include: (1)
instructions that are agreed upon, each titled “Joint Instruction No. __”; and (2)
instructions proposed by each party, each titled “Plaintiffs [or Defendant’s]
Proposed Instruction No. __.” There should be no more than one instruction
per page. Each instruction must include at the bottom of the last page of the
instruction: (1) a brief citation to supporting authority (including the Eleventh
Circuit Pattern Jury Instruction, where applicable); and (2) a notation whether
the opposing party objects to the instruction and, if so, brief citation to opposing
authority. In addition to the set of proposed jury instructions, the parties
should submit an agreed-upon verdict form. If the parties are not in agreement,
Page 3 of 4Page 4 PagelD
then each side should file its proposed verdict form. The proposed instructions
and verdict form(s) should be based to the extent possible on the United States
Court of Appeals for the Eleventh Circuit Pattern Jury Instructions and the
parties should use the Eleventh Circuit's jury instruction builder. By utilizing
Eleventh Circuit Pattern Jury Instructions, it is expected that agreement will
be reached on most instructions. In addition to filing a copy, counsel must e-
mail the set of proposed jury instructions and verdict form(s) in Microsoft Word
(.doc or .docx) format to CHAMBERS_FLMD_BARBER@flmd.uscourts.gov. The
cover e-mail should include the case number and case name in the subject line.
Proposed Voir Dire Questions (optional). The Court will conduct a limited
voir dire focusing on general matters including scheduling, comprehension, and
trial procedures. Attorneys will be permitted to conduct their own individual
voir dire with reasonable time limits determined on a case-by-case basis. If the
parties wish, the Court to ask questions beyond general matters, proposed voir
dire should be submitted, individually or jointly, and discussed at the pretrial
conference.
Motions in Limine. Motions in limine shall be filed no later than seven days
before the pretrial conference and will be discussed at the pretrial conference.
The Court does not generally have availability to hear motions in limine
between the pretrial conference and before the start of trial. Motions in limine
concerning complex and/or time-consuming issues shall be filed well in advance
of the pretrial conference to allow the Court adequate time to consider them and
schedule any necessary hearings. The Court will not grant continuances to
accommodate hearings on untimely-filed motions in limine. Counsel shall
certify compliance with Local Rule 3.01(g) in any such motions.
Deposition Designations and Objections. The parties must file with the
Court color-coded copies of deposition transcripts (preferably mini-script
versions) reflecting, in different highlighted colors, the deposition excerpts each
party has designated to be read at trial, with objections noted in the margin.
10. Bench Trial: If the case involves a bench trial, at least seven days
before the pretrial conference, the parties shall file with the Clerk of Court their
proposed findings of fact and conclusions of law (each shall be separately stated in
numbered paragraphs; findings of fact shall contain a detailed listing of the relevant
material facts the party intends to prove, in a simple, narrative form; conclusions of
law shall contain a full exposition of the legal theories relied upon by counsel). These
documents shall be emailed in Word format to
CHAMBERS_FLMD_BARBER@flmd.uscourts. gov.
11. Trial Briefs: Trial briefs are permitted, but they are not required. In
some cases, the Court may request them. Trial briefs are limited to ten pages and
may be filed at any time before trial. Trial briefs should include citations to
authorities and arguments specifically addressing disputed issues of law likely to arise
at trial. Ifa party chooses to file a trial brief, a response is not required, unless
requested by the Court, and shall also be limited to ten pages.
Page 4 of 5Page 5 PagelD
12. Motions to Amend or Continue: Motions to amend any pleading or
motions for continuance of any pretrial conference, hearing, or trial filed after issuance
of this Case Management and Scheduling Order are highly disfavored.
13. Settlements: Counsel shall immediately notify Chambers or the
Courtroom Deputy Clerk if their case has settled. See Local Rule 3.09. Notices of
settlement must be in writing.
14. Summary Judgment Procedures: The following procedures shall be
followed by the parties:
(a) Generally, only one motion for summary judgment may be filed by
a party (or multiple parties represented by the same counsel) absent leave of Court.
However, the Court may grant leave to file multiple motions for summary judgment,
including at different stages of the proceedings, if appropriate and if it appears
possible to expedite resolution of the case.
(b) A motion for summary judgment shall specify the material facts as
to which the moving party contends there is no genuine issue for trial, shall include a
memorandum of law, and shall be accompanied by affidavits and other evidence in the
form required by Rule 56, Fed. R. Civ. P. The motion for summary judgment and
supporting memorandum of law shall be presented in a single document of not more
than twenty-five pages. Local Rule 3.01(a).
(c) Each party opposing a motion for summary judgment shall serve,
within twenty-one days after being served with such motion, a legal memorandum of
not more than twenty pages with citation of authorities in opposition to the relief
requested as required by Local Rule 3.01(b). The memorandum in opposition shall
specify the material facts as to which the opposing party contends there exists a
genuine issue for trial, and shall be accompanied by affidavit(s) and other evidence in
the form required by Rule 56, Fed. R. Civ. P.
(d) Both the movant and the party opposing summary judgment shall
provide pinpoint citations to the pages and lines of the record supporting each
material fact. General references to a deposition are inadequate.
(e) When resolving a motion for summary judgment, the Court has no
independent duty to search and consider any part of the record not otherwise
referenced and pinpoint cited in the statement of material facts and response thereto.
See Rule 56(c)(8), Fed. R. Civ. P. ('The court need consider only the cited materials,
but it may consider other materials in the record.").
(f) Pursuant to Rule 56(c), Fed. R. Civ. P., as interpreted by the
Eleventh Circuit Court of Appeals, the parties are hereby put on notice that the Court
will take any motion for summary judgment and all materials in support or in
opposition thereto under advisement as of the last day of filing papers pertaining to
the motion for summary judgment, as that date is mandated by the rules of procedure
or by order of the Court. Failure to respond to a motion for summary judgment shall
Page 5 of 6Page 6 PagelD
indicate there is no opposition to the motion and may result in final judgment being
entered without a trial or other proceeding.
(g) | Motions to extend time or to alter any requirements set forth in
this Order or the other rules governing summary judgment motions, including the
page limit for memoranda of law pursuant to the Local Rules, are distinctly
disfavored.
(h) Insome cases, hearings may be held on summary judgment
motions, but counsel should not assume this will happen in all cases.
(i) A violation of any of these directives may result in the Court sua
sponte striking a party’s motion for summary judgment and incorporated
memorandum of law without notice.
15. Consent to Magistrate Judge: In accordance with 28 U.S.C. § 636(c)
and Rule 73, Fed. R. Civ. P., at any point in the proceedings the parties may consent to
have the assigned United States Magistrate Judge conduct any and all further
proceedings in this case, including the trial. United States Magistrate Judges are able
to provide “time certain” trial dates.
DONE and ORDERED in Chambers, in Tampa, Florida this 28th day of
December, 2023.
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TOM BARBER
UNITED STATES DISTRICT JUDGE
Copies to:
Counsel of Record
Unrepresented Parties
Page 6 of
PDF Page 1
PlainSite Cover Page
PDF Page 2
Case 8:23-cv-01535-TPB-AAS Document 45 Filed 12/28/23 Page 1 of 6 PageID 395
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
TRUMP MEDIA & TECHNOLOGY
GROUP CORP.,
Plaintiff,
v.
Case No: 8:23-cv-1535-TPB-AAS
WP COMPANY LLC,
Defendant.
CASE MANAGEMENT AND SCHEDULING ORDER
This cause is before the Court for consideration of completion of discovery and
the scheduling of pretrial procedures and trial. The Court has considered the positions
of the parties as set forth in their case management report, and hereby enters the
following scheduling and case management requirements. These provisions are
precise and shall be strictly adhered to. Accordingly, it is ORDERED:
1.
Parties are reminded that the Federal Rules of Civil Procedure are
“construed, administered, and employed by the court and the parties to secure the
just, speedy, and inexpensive determination of every action and proceeding.” Rule 1,
Fed. R. Civ. P. It is expected that all parties will refrain from all conduct that violates
Rule 1 by frustrating the just, speedy, and inexpensive determination of the issues in
this case.
2.
Parties are directed to meet the agreed upon terms and time limits set
forth in their case management report, which to the extent not inconsistent with the
terms of this Order are specifically incorporated herein by reference, including as
noted below (including any exceptions deemed appropriate by the Court):
Plaintiff Expert Disclosure
Defendant Expert Disclosure
Rebuttal Expert Disclosure
Discovery Cut-Off
Summary Judgment, Daubert,
and other Dispositive Motions
July 23, 2024
August 23, 2024
September 23, 2024
October 23, 2024
November 20, 2024
PDF Page 3
Case 8:23-cv-01535-TPB-AAS Document 45 Filed 12/28/23 Page 2 of 6 PagelD 396
Parties are further directed to meet the pretrial disclosure requirements and deadlines
in Rule 26(a)(3), Fed. R. Civ. P. and to adhere timely to all requirements in Local Rule
3.06 concerning final pretrial procedures, as supplemented herein.
3. Mediation: The parties shall participate in court-annexed mediation on
or before November 1, 2024. The list of certified mediators is available in the Clerk's
Office or on the internet at www.flmd.uscourts.gov under "Attorney Resources." At
least thirty days prior to the mediation date, Plaintiff shall file a notice that informs
the Court of the date and time of the scheduled mediation, along with the name of the
selected mediator.
4. Case Management Conferences: Regular case management
conferences will be held in this case to facilitate the just, speedy, and inexpensive
determination of this case as required by Rule 1, Fed. R. Civ. P. An initial case
management conference was held in this case on December 13, 2023, and, at that
time a follow-up case management conference was set in Courtroom 14A, 801 North
Florida Avenue, Tampa, Florida, on April 24, 2024, at 1:30 PM. Additional case
management conferences will be set thereafter at the Court’s discretion. During case
management conferences the Court may conduct brief hearings on simple motions.
More complex motions may be set for a hearing at a future date, or decided on the
papers, as appropriate. The parties may (jointly or unilaterally) request additional
case management conferences by contacting Chambers by email at
CHAMBERS_FLMD_BARBER@flmd.uscourts.gov and explaining the reason for such
requests.
5. Trial: This case is set for Jury trial, along with other civil and criminal
matters, during the term commencing June 2, 2025, before the Honorable Tom
Barber in Courtroom 14A, 801 North Florida Avenue, Tampa, Florida. This trial term
is not a “time certain” setting and includes the entire month of June and shall be
verified on a separate trial calendar issued after the pretrial conference. Criminal
cases have priority for trial over civil cases. Counsel must be ready to begin trial at
any time during the assigned trial term upon forty-eight hours’ notice. Parties desiring
more certainty as to scheduling may consent to proceed before a U.S. Magistrate
Judge. See § 15 below. The trial in this case will take no longer than 8 days
(including jury selection if applicable).
6. Pretrial Conference: A pretrial conference will be held before Judge
Tom Barber, in Courtroom 14A, 801 North Florida Avenue, Tampa, Florida, on May
19, 2025, at 1:30 PM.
THE COURT WILL NOT ADDRESS DISCOVERY DISPUTES OF ANY
KIND AT TRIAL. ANY DISCOVERY DISPUTE FOR WHICH THE
PARTIES SEEK JUDICIAL RESOLUTION MUST BE ADDRESSED AT
OR BEFORE THE PRETRIAL CONFERENCE. THE PARTIES MAY
AGREE ON ANY MATTER REGARDING DISCOVERY, BUT EACH
PARTY ASSUMES THE RISK OF NON-COMPLIANCE BY THE
OTHER UNLESS THE ISSUE HAS BEEN ADDRESSED BY THE
COURT AT THE PRETRIAL CONFERENCE.
Page 2 of 3
PDF Page 4
Case 8:23-cv-01535-TPB-AAS Document 45 Filed 12/28/23 Page 3 of 6 PagelD 397
The Pretrial Conference shall be attended by counsel who will act as lead trial counsel
in the case and who is vested with full authority to make agreements with respect to
all matters pertaining to the trial. Furthermore, every party shall have a client with
full settlement authority (or other person with full settlement authority if the client does
not have such authority) in attendance at the pretrial conference.
7. Final Pretrial Meeting: Pursuant to Local Rule 3.06(a), at least
fourteen days before the pretrial conference, the parties must conduct a final pretrial
meeting to discuss jury instructions, verdict forms, and all matters identified in Local
Rule 3.06(a). All parties share responsibility for scheduling and participation in the
final pretrial meeting. However, Plaintiffs counsel shall have the primary
responsibility to coordinate compliance with the sections of this Order that require
meeting, coordination, and submission of joint materials. If the Plaintiff is proceeding
pro se, defense counsel shall coordinate compliance. If counsel is unable to coordinate
such compliance, counsel shall timely notify the Court by written motion or request for
a status conference.
8. Final Joint Pretrial Statement: Pursuant to Local Rule 3.06(b), at
least seven days before the pretrial conference, the parties shall file a final joint
pretrial statement with the Clerk of Court that will govern the trial and includes all of
the information required by Local Rule 3.06(b)(1-15). Any claim, defense or issue not
included in the Pretrial Statement is deemed abandoned and waived. This is a joint
document and parties shall not file individual pretrial statements.
9. If the case involves a jury trial, at least seven days before the pretrial
conference, the parties shall file with the Clerk of Court the following:
Joint Statement of the Nature of the Action. The parties are directed to
prepare a concise, one paragraph statement to be used in providing a basic
explanation of the case to the jury venire on the morning of jury selection. This
can be identical to that required by Local Rule 3.06(b)(2).
Proposed Jury Instructions and Verdict Form. The parties are directed to
confer on the jury instructions at the final pretrial meeting (as required by { 7
above) and file with the Court a joint set of all proposed jury instructions,
bearing a cover sheet with the complete style of the case. The parties are not
permitted to avoid the requirement to meet and confer to discuss jury
instructions by simply submitting their own proposed jury instructions
individually. The joint set of proposed instructions must include: (1)
instructions that are agreed upon, each titled “Joint Instruction No. __”; and (2)
instructions proposed by each party, each titled “Plaintiffs [or Defendant’s]
Proposed Instruction No. __.” There should be no more than one instruction
per page. Each instruction must include at the bottom of the last page of the
instruction: (1) a brief citation to supporting authority (including the Eleventh
Circuit Pattern Jury Instruction, where applicable); and (2) a notation whether
the opposing party objects to the instruction and, if so, brief citation to opposing
authority. In addition to the set of proposed jury instructions, the parties
should submit an agreed-upon verdict form. If the parties are not in agreement,
Page 3 of 4
PDF Page 5
Case 8:23-cv-01535-TPB-AAS Document 45 Filed 12/28/23 Page 4 of 6 PagelD 398
then each side should file its proposed verdict form. The proposed instructions
and verdict form(s) should be based to the extent possible on the United States
Court of Appeals for the Eleventh Circuit Pattern Jury Instructions and the
parties should use the Eleventh Circuit's jury instruction builder. By utilizing
Eleventh Circuit Pattern Jury Instructions, it is expected that agreement will
be reached on most instructions. In addition to filing a copy, counsel must e-
mail the set of proposed jury instructions and verdict form(s) in Microsoft Word
(.doc or .docx) format to CHAMBERS_FLMD_BARBER@flmd.uscourts.gov. The
cover e-mail should include the case number and case name in the subject line.
Proposed Voir Dire Questions (optional). The Court will conduct a limited
voir dire focusing on general matters including scheduling, comprehension, and
trial procedures. Attorneys will be permitted to conduct their own individual
voir dire with reasonable time limits determined on a case-by-case basis. If the
parties wish, the Court to ask questions beyond general matters, proposed voir
dire should be submitted, individually or jointly, and discussed at the pretrial
conference.
Motions in Limine. Motions in limine shall be filed no later than seven days
before the pretrial conference and will be discussed at the pretrial conference.
The Court does not generally have availability to hear motions in limine
between the pretrial conference and before the start of trial. Motions in limine
concerning complex and/or time-consuming issues shall be filed well in advance
of the pretrial conference to allow the Court adequate time to consider them and
schedule any necessary hearings. The Court will not grant continuances to
accommodate hearings on untimely-filed motions in limine. Counsel shall
certify compliance with Local Rule 3.01(g) in any such motions.
Deposition Designations and Objections. The parties must file with the
Court color-coded copies of deposition transcripts (preferably mini-script
versions) reflecting, in different highlighted colors, the deposition excerpts each
party has designated to be read at trial, with objections noted in the margin.
10. Bench Trial: If the case involves a bench trial, at least seven days
before the pretrial conference, the parties shall file with the Clerk of Court their
proposed findings of fact and conclusions of law (each shall be separately stated in
numbered paragraphs; findings of fact shall contain a detailed listing of the relevant
material facts the party intends to prove, in a simple, narrative form; conclusions of
law shall contain a full exposition of the legal theories relied upon by counsel). These
documents shall be emailed in Word format to
CHAMBERS_FLMD_BARBER@flmd.uscourts. gov.
11. Trial Briefs: Trial briefs are permitted, but they are not required. In
some cases, the Court may request them. Trial briefs are limited to ten pages and
may be filed at any time before trial. Trial briefs should include citations to
authorities and arguments specifically addressing disputed issues of law likely to arise
at trial. Ifa party chooses to file a trial brief, a response is not required, unless
requested by the Court, and shall also be limited to ten pages.
Page 4 of 5
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Case 8:23-cv-01535-TPB-AAS Document 45 Filed 12/28/23 Page 5 of 6 PagelD 399
12. Motions to Amend or Continue: Motions to amend any pleading or
motions for continuance of any pretrial conference, hearing, or trial filed after issuance
of this Case Management and Scheduling Order are highly disfavored.
13. Settlements: Counsel shall immediately notify Chambers or the
Courtroom Deputy Clerk if their case has settled. See Local Rule 3.09. Notices of
settlement must be in writing.
14. Summary Judgment Procedures: The following procedures shall be
followed by the parties:
(a) Generally, only one motion for summary judgment may be filed by
a party (or multiple parties represented by the same counsel) absent leave of Court.
However, the Court may grant leave to file multiple motions for summary judgment,
including at different stages of the proceedings, if appropriate and if it appears
possible to expedite resolution of the case.
(b) A motion for summary judgment shall specify the material facts as
to which the moving party contends there is no genuine issue for trial, shall include a
memorandum of law, and shall be accompanied by affidavits and other evidence in the
form required by Rule 56, Fed. R. Civ. P. The motion for summary judgment and
supporting memorandum of law shall be presented in a single document of not more
than twenty-five pages. Local Rule 3.01(a).
(c) Each party opposing a motion for summary judgment shall serve,
within twenty-one days after being served with such motion, a legal memorandum of
not more than twenty pages with citation of authorities in opposition to the relief
requested as required by Local Rule 3.01(b). The memorandum in opposition shall
specify the material facts as to which the opposing party contends there exists a
genuine issue for trial, and shall be accompanied by affidavit(s) and other evidence in
the form required by Rule 56, Fed. R. Civ. P.
(d) Both the movant and the party opposing summary judgment shall
provide pinpoint citations to the pages and lines of the record supporting each
material fact. General references to a deposition are inadequate.
(e) When resolving a motion for summary judgment, the Court has no
independent duty to search and consider any part of the record not otherwise
referenced and pinpoint cited in the statement of material facts and response thereto.
See Rule 56(c)(8), Fed. R. Civ. P. ('The court need consider only the cited materials,
but it may consider other materials in the record.").
(f) Pursuant to Rule 56(c), Fed. R. Civ. P., as interpreted by the
Eleventh Circuit Court of Appeals, the parties are hereby put on notice that the Court
will take any motion for summary judgment and all materials in support or in
opposition thereto under advisement as of the last day of filing papers pertaining to
the motion for summary judgment, as that date is mandated by the rules of procedure
or by order of the Court. Failure to respond to a motion for summary judgment shall
Page 5 of 6
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Case 8:23-cv-01535-TPB-AAS Document 45 Filed 12/28/23 Page 6 of 6 PagelD 400
indicate there is no opposition to the motion and may result in final judgment being
entered without a trial or other proceeding.
(g) | Motions to extend time or to alter any requirements set forth in
this Order or the other rules governing summary judgment motions, including the
page limit for memoranda of law pursuant to the Local Rules, are distinctly
disfavored.
(h) Insome cases, hearings may be held on summary judgment
motions, but counsel should not assume this will happen in all cases.
(i) A violation of any of these directives may result in the Court sua
sponte striking a party’s motion for summary judgment and incorporated
memorandum of law without notice.
15. Consent to Magistrate Judge: In accordance with 28 U.S.C. § 636(c)
and Rule 73, Fed. R. Civ. P., at any point in the proceedings the parties may consent to
have the assigned United States Magistrate Judge conduct any and all further
proceedings in this case, including the trial. United States Magistrate Judges are able
to provide “time certain” trial dates.
DONE and ORDERED in Chambers, in Tampa, Florida this 28th day of
December, 2023.
rake 4 NAN (7
wf / | Vv / oh
/ | # Se
~~ i
| I)
| ‘Be
—.../
—.|
f
TOM BARBER
UNITED STATES DISTRICT JUDGE
Copies to:
Counsel of Record
Unrepresented Parties
Page 6 of 6
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