Hon. Brian Davis · U.S. District Court for the Middle District of Florida
=== 2019 Trial Schedule ===
2019 CIVIL TRIAL SCHEDULE TRIAL TERM (9:00 a.m.) PRETRIAL CONFERENCE (10:00 a.m.) PRETRIAL STATEMENT & ALL OTHER MOTIONS MOTIONS IN LIMINE January 7, 2019 December 19, 2018 December 12, 2018 December 5, 2018 February 4, 2019 January 23, 2019 January 16, 2019 January 9, 2019 March 4, 2019 February 20, 2019 February 13, 2019 February 6 , 2019 April 1, 2019 May 6, 2019 June 3, 2019 July 8, 2019 August 5, 2019 March 20, 2019 March 13, 2019 April 24, 2019 May 22, 2019 June 26, 2019 July 24, 2019 April 17, 2019 May 15, 2019 June 19, 2019 July 17, 2019 March 6, 2019 April 10, 2019 May 8, 2019 June 12, 2019 July 10, 2019 September 3, 2019 August 21, 2019 August 14, 2019 August 7, 2019 October 7, 2019 September 25, 2019 September 18, 2019 September 11, 2019 November 4, 2019 October 23, 2019 October 16, 2019 October 9, 2019 December 2, 2019 November 20, 2019 November 13, 2019 November 6, 2019 6/13/2017
=== Case Management Report (ERISA Cases Only) (PDF) ===
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION , v. , Plaintiff, Defendant. Case No: 3: CASE MANAGEMENT REPORT (ERISA CASES ONLY) This Case Management Report shall be used in actions brought under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. sec. 1001, et seq. Based on this Report and availability on the Court’s calendar, the assigned United States Magistrate Judge will issue a binding Case Management and Scheduling Order. 1. Meeting of Parties: Pursuant to Local Rule 3.05(c)(2)(B) or (c)(3)(A), a telephone or in- person conference was held on ____________________ (date) between: Name Counsel for (if applicable) 2. Do parties agree to consent to the exercise of jurisdiction over this case by the assigned United States Magistrate Judge? [__] yes [__] no (check one) If yes, the parties shall complete and all counsel and/or unrepresented parties shall execute on the Form AO-85 attached hereto (through the portion for “Consent” – all signatures together on one form); submit the same to the Clerk, and the Court will promptly thereafter enter the “Order of Reference” portion and file the same in the record hereof. (In the absence of consent, the Magistrate Judge will issue a Report and Recommendation to the District Judge) 3. Preliminary Pretrial Conference: Parties (check one) [__] request [__] do not request a preliminary pretrial conference before entry of a Case Management and Scheduling Order in this Track Two case. Unresolved issues to be addressed at such a conference include: 4. Case Plan: A. Date by which defendant will provide the administrative record to plaintiff: B. Requested date by which dispositive motions or cross-briefs should be filed: C. Requested date by which responses to dispositive motions or briefs should be filed: D. Any requests for Special Consideration or Handling (requests can be joint or unilateral): 5. Do the parties request oral argument? [__] yes [__] no (The Magistrate Judge will make the final determination as to whether and when to set the case for oral argument). 6. Mediation: Mediation is mandatory in most Track Two cases. The Order of referral to mediation described in Local Rule 9.04 should be entered by the Court directing that mediation occur on or before ____________ (date) designating ________________ (name) to serve as mediator. (A list of certified mediators is available from the Clerk's Office and on the Court's website. If the parties leave either or both of these fields blank, the Court will designate the mediator and/or the deadline for mediation). 7. Certificate of Interested Persons and Corporate Disclosure Statement: This Court makes an active effort to screen every case in order to identify parties and interested corporations in which the assigned judge may be a shareholder, as well as for other matters that might require consideration of recusal. Therefore, each party, governmental party, intervenor, non-party movant, and Rule 69 garnishee shall file and serve within fourteen (14) days from that party’s first appearance a Certificate of Interested Persons and Corporate Disclosure Statement using the attached mandatory form. No party may seek discovery from any source before filing and serving a Certificate of Interested Persons and Corporate Disclosure Statement. All papers, including emergency motions, are subject to being denied or stricken unless the filing party has previously filed and served its Certificate of Interested Persons and Corporate Disclosure Statement. Any party who has not already filed and served the required certificate is required to do so immediately. Each party has a continuing obligation to file and serve an amended Certificate of Interested Persons and Corporate Disclosure Statement within eleven days of 1) discovering any ground for amendment, including notice of case reassignment to a different judicial officer; or 2) discovering any ground for recusal or disqualification of a judicial officer. A party should not routinely list an assigned district judge or magistrate judge as an “interested person” absent some non-judicial interest. Date: ______________________________ Signatures of Counsel (with information required by Local Rule 1.05(d and Signature of any unrepresented party: CERTIFICATE OF INTERESTED PERSONS AND CORPORATE DISCLOSURE STATEMENT I hereby disclose the following pursuant to this Court’s interested persons order: the name of each person, attorney, association of persons, firm, 1.) law firm, partnership, and corporation that has or may have an interest in the outcome of this action — including subsidiaries, conglomerates, affiliates, parent corporations, publicly-traded companies that own 10% or more of a party’s stock, and all other identifiable legal entities related to any party in the case: [insert list] 2.) the name of every other entity whose publicly-traded stock, equity, or debt may be substantially affected by the outcome of the proceedings: [insert list] 3.) the name of every other entity which is likely to be an active participant in the proceedings, including the debtor and members of the creditors’ committee (or twenty largest unsecured creditors) in bankruptcy cases: [insert list] 4.) the name of each victim (individual or corporate) of civil and criminal conduct alleged to be wrongful, including every person who may be entitled to restitution: [insert list] I hereby certify that, except as disclosed above, I am unaware of any actual or potential conflict of interest involving the district judge and magistrate judge assigned to this case, and will immediately notify the Court in writing on learning of any such conflict. [Date] [Certificate of Service] _____________________________ [Counsel of Record or Pro Se Party] [Address and Telephone]
=== Exhibit List (PDF) ===
UN I T E D ST A T E S D I S T R I C T CO U R T MI D D L E D I S T R I C T O F FL O R I D A OF F I C E O F T H E CL E R K ME G A N A. M A N N , CL E R K NOTICE REGARDING PRE-MARKING EXHIBITS Under Local Rule 3.07(a), each party must pre-mark and identify exhibits proposed to be offered in evidence at a trial or evidentiary hearing using exhibit labels obtained from the Clerk or the Court’s website. Under Local Rule 3.07(b), each party must deliver an exhibit list to each opposing party and deliver three copies of the exhibit list to the judge before a trial or an evidentiary hearing. A court-approved exhibit list and exhibit labels are attached to this notice. When completing the exhibit labels, be sure to select the appropriate party and to include the case number and style. Exhibits must be consecutively numbered, and the labels should be stapled to the upper right corner of each exhibit. The exhibit list must sequentially list and briefly describe each exhibit. Note that these instructions are purposely general in nature and are intended to supplement the Local Rules. Individual judges might have additional preferences that the Court’s website, can be flmd.uscourts.gov/judges/all. judge’s name on found under each U.S. District Court Middle District of Florida EXHIBIT U.S. District Court Middle District of Florida EXHIBIT U.S. District Court Middle District of Florida EXHIBIT Exhibit Number: __________________ Exhibit Number: __________________ Exhibit Number: __________________ Case Number: Case Style: v. Date Identified: Date Admitted: Case Number: Case Number: Case Style: Case Style: v. v. Date Identified: Date Identified: Date Admitted: Date Admitted: U.S. District Court Middle District of Florida EXHIBIT U.S. District Court Middle District of Florida EXHIBIT U.S. District Court Middle District of Florida EXHIBIT Exhibit Number: __________________ Exhibit Number: __________________ Exhibit Number: __________________ Case Number: Case Number: Case Number: Case Style: Case Style: Case Style: v. v. v. Date Identified: Date Identified: Date Identified: Date Admitted: Date Admitted: Date Admitted: U.S. District Court Middle District of Florida EXHIBIT U.S. District Court Middle District of Florida EXHIBIT U.S. District Court Middle District of Florida EXHIBIT Exhibit Number: __________________ Exhibit Number: __________________ Exhibit Number: __________________ Case Number: Case Number: Case Number: Case Style: Case Style: Case Style: v. v. v. Date Identified: Date Identified: Date Identified: Date Admitted: Date Admitted: Date Admitted: UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA Plaintiff(s), v. Case No.: Defendant(s). / EXHIBIT LIST ☐ Government ☐ Plaintiff(s) ☐ Defendant(s) ☐ Court ☐ Other: Exhibit No. Date Identified Date Admitted Witness Description Exhibit No. Date Identified Date Admitted Witness Description 2
=== Court Tags (Use White Paper) (PDF) ===
U.S. District Court Middle District of Florida U.S. District Court Middle District of Florida U.S. District Court Middle District of Florida COURT’S EXHIBIT COURT’S EXHIBIT COURT’S EXHIBIT Exhibit Number: Exhibit Number: Exhibit Number: Case Number: v. Date Identified: Date Admitted: Case Number: Case Number: v. Date Identified: Date Admitted: v. Date Identified: Date Admitted: U.S. District Court Middle District of Florida U.S. District Court Middle District of Florida U.S. District Court Middle District of Florida COURT’S EXHIBIT COURT’S EXHIBIT COURT’S EXHIBIT Exhibit Number: Exhibit Number: Exhibit Number: Case Number: v. Date Identified: Date Admitted: Case Number: v. Date Identified: Date Admitted: Case Number: v. Date Identified: Date Admitted:
=== Defendant Tags (Use Yellow Paper) (PDF) ===
U.S. District Court Middle District of Florida U.S. District Court Middle District of Florida U.S. District Court Middle District of Florida DEFENDANT’S EXHIBIT DEFENDANT’S EXHIBIT DEFENDANT’S EXHIBIT Exhibit Number: Exhibit Number: Exhibit Number: Case Number: Case Number: Case Number: v. v. Date Identified: Date Admitted: Date Identified: Date Admitted: v. Date Identified: Date Admitted: U.S. District Court Middle District of Florida U.S. District Court Middle District of Florida U.S. District Court Middle District of Florida DEFENDANT’S EXHIBIT DEFENDANT’S EXHIBIT DEFENDANT’S EXHIBIT Exhibit Number: Exhibit Number: Exhibit Number: Case Number: v. Date Identified: Date Admitted: Case Number: v. Date Identified: Date Admitted: Case Number: v. Date Identified: Date Admitted:
=== Government Tags (Use Blue Paper) (PDF) ===
U.S. District Court Middle District of Florida U.S. District Court Middle District of Florida U.S. District Court Middle District of Florida GOVERNMENT’S EXHIBIT GOVERNMENT’S EXHIBIT GOVERNMENT’S EXHIBIT Exhibit Number: Exhibit Number: Exhibit Number: Case Number: v. Date Identified: Date Admitted: Case Number: Case Number: v. v. Date Identified: Date Admitted: Date Identified: Date Admitted: U.S. District Court Middle District of Florida U.S. District Court Middle District of Florida U.S. District Court Middle District of Florida GOVERNMENT’S EXHIBIT GOVERNMENT’S EXHIBIT GOVERNMENT’S EXHIBIT Exhibit Number: Exhibit Number: Exhibit Number: Case Number: Case Number: Case Number: v. Date Identified: Date Admitted: v. Date Identified: Date Admitted: v. Date Identified: Date Admitted:
=== Joint Tags (Use Green Paper) (PDF) ===
U.S. District Court Middle District of Florida U.S. District Court Middle District of Florida U.S. District Court Middle District of Florida JOINT EXHIBIT JOINT EXHIBIT JOINT EXHIBIT Exhibit Number: Exhibit Number: Exhibit Number: Case Number: v. Date Identified: Date Admitted: Case Number: v. Date Identified: Date Admitted: Case Number: v. Date Identified: Date Admitted: U.S. District Court Middle District of Florida U.S. District Court Middle District of Florida U.S. District Court Middle District of Florida JOINT EXHIBIT JOINT EXHIBIT JOINT EXHIBIT Exhibit Number: Exhibit Number: Exhibit Number: Case Number: Case Number: Case Number: v. v. Date Identified: Date Admitted: Date Identified: Date Admitted: v. Date Identified: Date Admitted:
=== Plaintiff Tags (Use Blue Paper) (PDF) ===
U.S. District Court Middle District of Florida U.S. District Court Middle District of Florida U.S. District Court Middle District of Florida PLAINTIFF’S EXHIBIT PLAINTIFF’S EXHIBIT PLAINTIFF’S EXHIBIT Exhibit Number: Exhibit Number: Exhibit Number: Case Number: v. Date Identified: Date Admitted: Case Number: Case Number: v. Date Identified: Date Admitted: v. Date Identified: Date Admitted: U.S. District Court Middle District of Florida U.S. District Court Middle District of Florida U.S. District Court Middle District of Florida PLAINTIFF’S EXHIBIT PLAINTIFF’S EXHIBIT PLAINTIFF’S EXHIBIT Exhibit Number: Exhibit Number: Exhibit Number: Case Number: Case Number: Case Number: v. v. v. Date Identified: Date Admitted: Date Identified: Date Admitted: Date Identified: Date Admitted:
=== Civil: Juror Questionnaire (PDF) ===
Case No. Juror # Date JUROR QUESTIONNAIRE IN CIVIL CASES - JUDGE DAVIS Please answer the following questions truthfully and correctly under penalty of perjury: 1. What is your name? and date of birth? 2. Please describe your current employment, and past work history. 3. What is your educational background (i.e., grade school, high school, college, etc.)? 4. Are you married? ___ Divorced? ___ Separated? ___ Widowed? ___ Single Please describe your spouse or partner’s current and past occupation and describe his/her educational background. 5. Do you have any children and if so, what are their ages? If you have any adult children, describe their level of schooling and employment. 6. Have you served in the military? If so, please describe such service. 7. Have you ever served on a jury before? If so, state how many times; the type of case; whether the trial was in state or federal court; if you reached a verdict and if you were the foreperson. 8. Briefly describe any personal hobbies and/or interests you have. 9. What newspaper and/or magazines do you read regularly? Also, do you have any favorite T.V. shows and/or websites? . Have you or a close family member ever been a party to a lawsuit (i.e., sued someone or 10. been sued by someone) please describe the circumstances. 11. Do you participate in any organizations or groups (community, social, civic, union, religious, political)? If yes, please state the name of the group and any leadership position held:
=== Criminal: Juror Questionnaire (PDF) ===
Case No. Juror # Date JUROR QUESTIONNAIRE IN CRIMINAL CASES - JUDGE DAVIS Please answer the following questions truthfully and correctly under penalty of perjury: 1. What is your name? and date of birth? 2. Please describe your current employment, and past work history. 3. What is your educational background (i.e., grade school, high school, college, etc.)? 4. Are you married? ___ Divorced? ___ Separated? ___ Widowed? ___ or Single Please describe your spouse or partner’s current and past occupation and describe his/her educational background. 5. Do you have any children and if so, what are their ages? If you have any adult children, describe their level of schooling and employment. 6. Have you served in the military? If so, please describe such service. 7. Have you ever served on a jury before? If so, state how many times; the type of case; whether the trial was in state or federal court; if you reached a verdict and if you were the foreperson. 8. Briefly describe any personal hobbies and/or interests you have. 9. What newspaper and/or magazines do you read regularly? Also, do you have any favorite T.V. shows and/or websites? 10. Have you or a close family member or friend ever been accused, arrested or convicted of a crime? If so, please indicate the year, type of offense charged, and disposition. 11. Have you, a close family member or friend ever been the victim of a serious crime? If so, please indicate the nature of the crime, date and location. 12. Have you, a family member or close friend ever worked for a law enforcement agency? If so, please specify. 13. Do you participate in any organizations or groups (community, social, civic, union, religious, If yes, please state the name of the group and any leadership position held: political)?
=== case management report ===
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION Plaintiff(s), v. Case No. Defendant(s). ______________________________________ CASE MANAGEMENT REPORT The parties have agreed on the following dates and discovery plan pursuant to Fed.R.Civ.P. 26(f) and Local Rule 3.05(c): DEADLINE OR EVENT AGREED DATE Mandatory Initial Disclosures (pursuant to Fed.R.Civ.P. 26(a)(1 [Court recommends 30 days after CMR meeting] Certificate of Disclosure Statement [all parties are directed to complete and file the attached] Interested Persons and Corporate Motions to Add Parties or to Amend Pleadings Disclosure of Expert Reports Plaintiff: Defendant: Discovery Deadline [Court recommends 5 months before trial to allow time for dispositive motions to be filed and decided; all discovery must be commenced in time to be completed before this date] Dispositive and Daubert Motions [Court requires 4 months or more before trial term begins] DEADLINE OR EVENT Trial Term Begins [Local Rule 3.05 (c)(2)(E) sets goal of trial within 1 year of filing complaint in most Track Two cases, and within 2 years in all Track Two cases; trial term must not be less than 4 months after dispositive motions deadline (unless filing of such motions is waived). Trials before the District Judge will generally be set on a rolling trial term toward the beginning of each month, with a Final Pretrial Conference to be set by the Court the preceding month. If the parties consent to trial before the Magistrate Judge, they will be set for a date certain after consultation with the parties] Estimated Length of Trial [trial days] Jury / Non-Jury Mediation Deadline: Mediator: Address: Telephone: [Mediation is mandatory in most Track Two cases; Court recommends either 2 - 3 months after CMR meeting, or just after discovery deadline; if the parties do not so designate, the Court will designate the mediator and the deadline for mediation. A list of certified mediators is available on the Court’s website and from the Clerk’s Office.] All Parties Consent to Proceed Before Magistrate Judge If yes, the parties shall complete and all counsel and/or unrepresented parties shall execute the attached Form AO-85. AGREED DATE (month, year) Yes____ No____ I. Meeting of Parties Lead counsel shall meet in person or, upon agreement of all parties, by telephone. (If all parties agree to conduct the case management conference by telephone, they may do so without filing a motion with the Court.) Pursuant to Local Rule 3.05(c)(2)(B) or (c)(3)(A), a meeting was held on ___________________ (date) at (time) and was attended by: Name Counsel for (if applicable) _______________________________________ _________________________________ _______________________________________ _________________________________ _______________________________________ _________________________________ II. Preliminary Pretrial Conference Local Rule 3.05(c)(3)(B) provides that preliminary pretrial conferences are mandatory in Track Three cases. Track Two cases: Parties (check one) [__] request [__] do not request a preliminary pretrial conference before entry of a Case Management and Scheduling Order in this Track Two case. Unresolved issues to be addressed at such a conference include: ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ III. Pre-Discovery Initial Disclosures of Core Information Fed.R.Civ.P. 26(a)(1)(A) - (D) Disclosures The parties (check one) [__] have exchanged [__] agree to exchange information described in Fed.R.Civ.P. 26(a)(1)(A) - (D) on or by (date). IV. Agreed Discovery Plan for Plaintiffs and Defendants A. Certificate of Interested Persons and Corporate Disclosure Statement This Court makes an active effort to screen every case in order to identify parties and interested corporations in which the assigned judge may be a shareholder, as well as for other matters that might require consideration of recusal. Therefore, each party, governmental party, intervenor, non-party movant, and Rule 69 garnishee shall file and serve within fourteen (14) days from that party’s first appearance a Certificate of Interested Persons and Corporate Disclosure Statement using the attached mandatory form. No party may seek discovery from any source before filing and serving a Certificate of Interested Persons and Corporate Disclosure Statement. All papers, including emergency motions, are subject to being denied or stricken unless the filing party has previously filed and served its Certificate of Interested Persons and Corporate Disclosure Statement. Any party who has not already filed and served the required certificate is required to do so immediately. Each party has a continuing obligation to file and serve an amended Certificate of Interested Persons and Corporate Disclosure Statement within eleven days of 1) discovering any ground for amendment, including notice of case reassignment to a different judicial officer; or 2) discovering any ground for recusal or disqualification of a judicial officer. A party should not routinely list an assigned district judge or magistrate judge as an “interested person” absent some non-judicial interest. B. Discovery Plan/Deadline The parties shall not file discovery materials with the Clerk except as provided in Local Rule 3.03. Parties should exchange discovery in the most efficient way, which usually means electronically. In propounding and responding to discovery, the parties are directed to consult and comply with the Federal Rules of Civil Procedure, the Local Rules of the United States District Court for the Middle District of Florida, and the Middle District of Florida’s Discovery Handbook, available on the Court's website: www.flmd.uscourts.gov/forms/Civil/2015-Civil_Procedure_Handbook.pdf. Each party shall timely serve discovery requests so that the rules allow for a response prior to the discovery deadline. The Court may deny as untimely all motions to compel filed after the discovery deadline or those that fail to comply with the meet and confer requirements contained in Local Rule 3.01(g). The Court notes that the words "confer" and "good faith" contemplate the parties will exchange thoughts and arguments to try to resolve an issue and will not simply engage in unilateral noticing that a motion will be filed. In addition to agreeing to comply with the above, the parties agree as follows: _____________________________________________________________________ _____________________________________________________________________ C. Confidentiality Agreements/Motions to File Under Seal Whether documents filed in a case may be filed under seal is a separate issue from whether the parties may agree that produced documents are confidential. The Court is a public forum, and disfavors motions to file under seal. The Court will permit the parties to file documents under seal only upon motion and order entered under Local Rule 1.09. The parties may reach their own agreement (without Court endorsement) regarding the designation of materials as “confidential.” The Court discourages unnecessary stipulated motions for a protective order. The Court will enforce appropriate stipulated and signed confidentiality agreements. See Local Rule 4.15. Each confidentiality agreement or order shall provide, or shall be deemed to provide, that “no party shall file a document under seal without first having obtained an order granting leave to file under seal on a showing of particularized need.” With respect to confidentiality agreements, the parties agree as follows: ______________________________________________________ ____________________________________________________________________ D. Disclosure or Discovery of Electronically Stored Information and Assertion of Claims of Privilege Pursuant to Fed.R.Civ.P. 26(f)(3), the parties have made the following agreements regarding the disclosure and discovery of electronically stored information as well as the assertion of claims of privilege or protection of trial preparation materials after production: ____________________________________________________________________ ____________________________________________________________________ V. Mediation Absent a Court order to the contrary, the parties in every case will participate in Court-annexed mediation as detailed in Chapter Nine of the Court’s Local Rules. The parties have agreed on a mediator from the Court’s approved list of mediators as set forth in the table above, and have agreed to the date stated in the table above as the last date for mediation. The list of mediators is available from the Clerk, and is posted on the Court’s web site at www.flmd.uscourts.gov. If the parties do not so designate, the Court will designate the mediator and the deadline for mediation. VI. Requests for Special Handling Requests for special consideration or handling (requests may be joint or unilateral): ____________________________________________________________________ ____________________________________________________________________ __________________________________________________________________ Date: _____________________ Signature of Counsel (with information required by Local Rule 1.05(d and Signature of Unrepresented Parties. ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ CERTIFICATE OF INTERESTED PERSONS AND CORPORATE DISCLOSURE STATEMENT I hereby disclose the following pursuant to this Court’s interested persons order: the name of each person, attorney, association of persons, 1.) firm, law firm, partnership, and corporation that has or may have an interest in the outcome of this action — including subsidiaries, conglomerates, affiliates, parent corporations, publicly-traded companies that own 10% or more of a party’s stock, and all other identifiable legal entities related to any party in the case: [insert list] 2.) the name of every other entity whose publicly-traded stock, equity, or debt may be substantially affected by the outcome of the proceedings: [insert list] 3.) the name of every other entity which is likely to be an active participant in the proceedings, including the debtor and members of the creditors’ committee (or twenty largest unsecured creditors) in bankruptcy cases: [insert list] the name of each victim (individual or corporate) of civil and 4.) criminal conduct alleged to be wrongful, including every person who may be entitled to restitution: [insert list] I hereby certify that, except as disclosed above, I am unaware of any actual or potential conflict of interest involving the district judge and magistrate judge assigned to this case, and will immediately notify the Court in writing on learning of any such conflict. [Date] [Certificate of Service] _____________________________ [Counsel of Record or Pro Se Party] [Address and Telephone]
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