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Order Setting Trial Date 040710

Order Setting Trial Date 040710

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Published by Orlando Tea Party
Order Setting Trial Date 040710
Order Setting Trial Date 040710

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Categories:Types, Research, Law
Published by: Orlando Tea Party on Apr 08, 2010
Copyright:Attribution Non-commercial


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UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF FLORIDACASE NO. 10-80062-CIV-MARRA/JOHNSONSOUTH FLORIDA TEA PARTY, INC.,a florida non-profit corporation, et al.,Plaintiff,vs.TEA PARTY, et al,Defendant. ____________________________________/
THIS CAUSE is before the Court upon receipt of the parties’ joint scheduling report.It is thereupon,
as follows:
Trial Date & Location
1. This case is set for trial on the two-week calendar commencing Monday December 6,2010. Counsel for all parties shall appear at a calendar call commencing at 10:00 o’clock A.M. onFriday, December 3, 2010. Unless instructed otherwise by subsequent order, the trial and all other  proceedings in this case shall be conducted at the U.S. Courthouse, 701 Clematis Street, Courtroom4, Third Floor, West Palm Beach, Florida.
Motion Practice
2. Every motion filed in this case will be accompanied by one proposed original order granting the motion. The order will contain an up-to-date service list of all attorneys in the case,including e-mail addresses. Proposed orders shall be e-mailed in Word or Wordperfect format tochambers atmarra@flsd.uscourts.gov.
Case 9:10-cv-80062-KAM Document 23 Entered on FLSD Docket 04/07/2010 Page 1 of 5
Pretrial Schedule
3. Pretrial discovery will be conducted in accordance with Local Rules 16.1 and 26.1 andthe Federal Rules of Civil Procedure. No pretrial conference shall be held in this action, unless theCourt determines, either 
 sua sponte
or upon motion and order, that a pretrial conference isnecessary. In setting the following deadlines, the Court has considered the parties’ suggesteddiscovery schedule. Dates and other agreements between the parties not otherwise addressed hereinshall be considered part of this Order. To the extent this Order conflicts with the Local Rules, thisOrder supercedes the Local Rules.Amend Pleadings/Add Parties-May 14, 2010Discovery CutoffJuly 15, 2010Substantive Pretrial MotionsAugust 6, 2010Mediation Cutoff60 days before calendar callMandatory Pretrial Stipulation-Fifteen days before calendar callMotions in LimineFifteen days before calendar callResponses to Motions in Limine– Ten days before calendar callJury InstructionsFive days before calendar callProposed Findings & Conclusions– Five days before calendar callVoir Dire QuestionsCalendar callExhibit List for CourtFirst day of Trial(impeachment excepted)Witness List for CourtFirst day of Trial(impeachment excepted)
Mandatory Pretrial Stipulation
4. Counsel must meet at least one month prior to the beginning of the trial period to confer 
Case 9:10-cv-80062-KAM Document 23 Entered on FLSD Docket 04/07/2010 Page 2 of 5
on the preparation of a Pretrial Stipulation in accordance with Local Rule 16.1E.A Pretrial Stipulation lacking substance will not be accepted. Any party causing a unilateral pretrial stipulation to be filed will be required to show cause why sanctions should not be imposed.Each attorney and each self-represented party is charged with the duty of complying with this Order.A motion for continuance shall not stay the requirement for the filing of the Pretrial Stipulation and,unless an emergency situation arises, or good cause is shown, a motion for continuance will not beconsidered unless it is filed at least twenty (20) days prior to the calendar call. Failure to complywith the time schedule may result in dismissal or other sanctions.
Consent Jurisdiction
5. In light of the benefits offered by a trial before a magistrate judge, e.g., trial on a datecertain as opposed to placement on a trial calendar, the parties are urged to consider this option.Therefore, within twenty (20) days of the entry of this order each attorney is ordered to meet withhis or her client and discuss this option. Plaintiff’s counsel shall monitor this process. If there isnot unanimity in favor of magistrate jurisdiction, plaintiff’s counsel need do nothing further. If,however, there is unanimity in favor of magistrate jurisdiction, plaintiff’s counsel shall execute theform (which can be retrieved from www.flsd.uscourts.gov) entitled “Notice of Right to Consent toDisposition of a Civil Case by a United States Magistrate Judge,” and forward the original, executedform to defendants’ counsel. After completion by all defendants or their counsel, the original formshould be forwarded to the Clerk of the Court, West Palm Beach Division.
6. Pursuant to Federal Rule of Civil Procedure 16 and Local Rule 16.2, this case is referredto mediation, to the extent not excluded by Local Rule 16.2.C, as follows:a. The mediation shall be completed sixty (60) days prior to the scheduled calendar 
Case 9:10-cv-80062-KAM Document 23 Entered on FLSD Docket 04/07/2010 Page 3 of 5

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