Case Management Report for Fast Track Cases (PDF); Case Management Report for Patent Cases (PDF); Civil Witness List (PDF); Criminal Witness List (PDF); Defendant’s Exhibit (PDF); Exhibit Labels (PDF); Exhibit List (PDF); Government’s Exhibit (PDF); Interested Persons Order (PDF); Joint Exhibit (PDF

=== Case Management Report for Fast Track Cases (PDF) ===

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION Plaintiff, v. Case No. Defendant. _________________________________________________/ CASE MANAGEMENT REPORT TO BE USED FOR THE FOLLOWING CASES: FAIR LABOR STANDARDS ACT (FLSA); TITLE III AMERICANS WITH DISABILITIES ACT (ADA); FAIR DEBT COLLECTION PRACTICES ACT (FDCPA); TELEPHONE CONSUMER PROTECTION ACT (TCPA); FLORIDA CONSUMER COLLECTION PRACTICES ACT (FCCPA); REAL ESTATE SETTLEMENT PROCEDURES ACT (RESPA); AND FAIR CREDIT REPORTING ACT (FCRA). 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 Certificate of Interested Persons and Corporate Disclosure Statement [1 week after mediation] Mandatory Initial Disclosures [14-30 days after mediation] Discovery Deadline [Approximately 3 months after mediation] Dispositive Motions [30 days after discovery deadline] Meeting In Person to Prepare Joint Final Pretrial Statement [The Court will set a date] Joint Final Pretrial Statement [Including a single set of Jointly-Proposed Jury Instructions and Verdict Form, Voir Dire Questions, Witness Lists, & Exhibit Lists with Objections on Approved Form (to be e-mailed in Word format to [email protected])] [The Court will set a date] Final Pretrial Conference [The Court will set a date] Trial Term Begins [Trial term must be 3 months after dispositive motions deadline (unless filing of such motions is waived); district judge trial terms begin on the first Monday of each month; trials before magistrate judges will be set on a date certain after consultation with the parties] Estimated Length of Trial [Number of trial days] Jury / Non-Jury

=== Case Management Report for Patent Cases (PDF) ===

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION Case No: , v. , Plaintiff, Defendant. CASE MANAGEMENT REPORT FOR PATENT CASES The Court notes that patent cases present unique challenges and require special attention. In an effort to streamline these proceedings, the Court requires the parties to utilize this Case Management Report form in patent cases. Importantly, the Court limits the parties to construction of 10 claims. In that regard, the parties shall jointly identify the 10 terms likely to be most significant to resolving the parties' dispute, including those terms for which construction may be case or claim dispositive. DEADLINE OR EVENT PARTIES’ AGREED DATE Mandatory Initial Disclosures (pursuant to Fed. R. Civ. P. 26(a)(1 [Court recommends 1 month after CMR meeting] Certificate of Interested Persons and Corporate Disclosure Statement [Each party who has not previously filed must file immediately] Motions to Add Parties or Amend Pleadings Plaintiff shall serve Disclosure of Asserted Claims and Preliminary Infringement Contentions and accompanying document production Defendants shall serve the Preliminary Invalidity Contentions and accompanying document production [Court recommends 1-2 months after CMR meeting] [Court recommends 1 month after CMR meeting] [Court recommends 2 months after CMR meeting] Parties shall exchange Proposed Terms and Claim Elements for Construction [Court recommends 3 months after CMR meeting] Parties shall exchange Preliminary Claim Constructions and Extrinsic Evidence [Court recommends 4 months after CMR meeting] Parties shall file Joint Claim Construction and Prehearing Statement [Court recommends 5 months after CMR meeting] Claim Construction Discovery shall be completed First Mediation Conference Plaintiff shall file Opening Claim Construction Brief Defendants shall file Claim Construction Opposition Brief Plaintiff shall file Claim Construction Reply Brief Claim Construction Hearing Second Case Management Hearing Factual Discovery Closes Parties shall serve Opening Expert Reports Parties shall serve Rebuttal Expert Reports Expert Discovery Closes Second Mediation Conference Last day to file summary judgment motions [Court recommends 6 months after CMR meeting] [Court will appoint mediator and set the mediation deadline sometime immediately after claim construction discovery and before completion of Claim Construction briefing] [Court recommends one month after Claim Construction Discovery Completion] [Court recommends 17 days after above deadline] [Court recommends 10 days after above deadline] [to be set after Claim Construction briefing [to be set on same date as above - held immediately after Claim Construction Hearing] [To be set at Second Case Management Hearing] [To be set at Second Case Management Hearing] [To be set at Second Case Management Hearing] [To be set at Second Case Management Hearing] [Court recommends immediately after Expert Discovery closes and before summary judgment briefing] [To be set at Second Case Management Hearing] - 2 - Last day to file opposition to summary judgment motions Last day to file replies to summary judgment motions Parties shall file motions in limine and Daubert motions [To be set at Second Case Management Hearing] [To be set at Second Case Management Hearing] [To be set at Second Case Management Hearing] Parties shall file pretrial statement and single set of jointly proposed jury instructions and verdict form [To be set at Second Case Management Hearing] The Court will hold the pretrial conference Trial Term Begins [district judge trial terms begin on the first Monday of each month; trails before magistrate judges will be set on a date certain after consultation with the parties] Estimated Length of Trial [To be set at Second Case Management Hearing] [To be set at Second Case Management Hearing] Jury/Non-Jury All Parties Consent to Proceed Before Assigned Magistrate Judge Yes __ No ___ Likely to agree in the Future __ - 3 -

=== Civil Witness List (PDF) ===

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION Plaintiff(s) ___________________________ v. Case No. _____________________ Defendant(s) ________________________ _____ Evidentiary _____ Trial _____ Other WITNESS LIST _____ Plaintiff _____ Defendant Name Subject and Brief Description of Testimony Date(s) Testified (Court Only) 1. 2. 3. 4. 5. 6. 7. 8. 9. Case No. _______________________________ Page _____ of _____ Pages WITNESS LIST – CONTINUATION SHEET _____ Plaintiff _____ Defendant Name Subject and Brief Description of Testimony Date(s) Testified (Court Only) 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21.

=== Criminal Witness List (PDF) ===

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION UNITED STATES OF AMERICA v. Case No. _____________________ Defendant(s) ________________________ _____ Evidentiary _____ Trial _____ Other WITNESS LIST ______ Government _______ Defendant Name Date(s) Testified (Court only) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Case No. _______________________________ Page _____ of _____ Pages WITNESS LIST – CONTINUATION SHEET ______ Government _______ Defendant Name Date(s) Testified (Court only) 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26.

=== Defendant’s Exhibit (PDF) ===

U.S. District Court Middle District of Florida DEFENDANT'S EXHIBIT U.S. District Court Middle District of Florida DEFENDANT'S EXHIBIT U.S. District Court Middle District of Florida DEFENDANT'S EXHIBIT Exhibit Number: Case Number: Date Identified: Date Admitted: Exhibit Number: Case Number: Exhibit Number: Case Number: v. v. v. Date Identified: Date Admitted: Date Identified: Date Admitted: U.S. District Court Middle District of Florida DEFENDANT'S EXHIBIT U.S. District Court Middle District of Florida DEFENDANT'S EXHIBIT U.S. District Court Middle District of Florida DEFENDANT'S EXHIBIT Exhibit Number: Case Number: Date Identified: Date Admitted: Exhibit Number: Case Number: Exhibit Number: Case Number: v. v. v. Date Identified: Date Admitted: Date Identified: Date Admitted: U.S. District Court Middle District of Florida DEFENDANT'S EXHIBIT U.S. District Court Middle District of Florida DEFENDANT'S EXHIBIT U.S. District Court Middle District of Florida DEFENDANT'S EXHIBIT Exhibit Number: Case Number: Date Identified: Date Admitted: Exhibit Number: Case Number: Exhibit Number: Case Number: v. v. v. Date Identified: Date Admitted: Date Identified: Date Admitted:

=== Exhibit Labels (PDF) ===

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:

=== Exhibit List (PDF) ===

(cid:56)(cid:49)(cid:44)(cid:55)(cid:40)(cid:39)(cid:3)(cid:54)(cid:55)(cid:36)(cid:55)(cid:40)(cid:54)(cid:3)(cid:39)(cid:44)(cid:54)(cid:55)(cid:53)(cid:44)(cid:38)(cid:55)(cid:3)(cid:38)(cid:50)(cid:56)(cid:53)(cid:55)(cid:3) (cid:48)(cid:44)(cid:39)(cid:39)(cid:47)(cid:40)(cid:3)(cid:39)(cid:44)(cid:54)(cid:55)(cid:53)(cid:44)(cid:38)(cid:55)(cid:3)(cid:50)(cid:41)(cid:3)(cid:41)(cid:47)(cid:50)(cid:53)(cid:44)(cid:39)(cid:36)(cid:3)(cid:3) Choose Division (cid:51)(cid:79)(cid:68)(cid:76)(cid:81)(cid:87)(cid:76)(cid:73)(cid:73)(cid:11)(cid:86)(cid:12)(cid:15) (cid:89)(cid:17) (cid:38)(cid:68)(cid:86)(cid:72)(cid:3)(cid:49)(cid:82)(cid:17)(cid:29) (cid:39)(cid:72)(cid:73)(cid:72)(cid:81)(cid:71)(cid:68)(cid:81)(cid:87)(cid:11)(cid:86)(cid:12)(cid:17) / (cid:40)(cid:59)(cid:43)(cid:44)(cid:37)(cid:44)(cid:55)(cid:3)(cid:47)(cid:44)(cid:54)(cid:55) (cid:1798) (cid:42)(cid:82)(cid:89)(cid:72)(cid:85)(cid:81)(cid:80)(cid:72)(cid:81)(cid:87)(cid:3) (cid:1798) (cid:51)(cid:79)(cid:68)(cid:76)(cid:81)(cid:87)(cid:76)(cid:73)(cid:73)(cid:11)(cid:86)(cid:12) (cid:1798) (cid:39)(cid:72)(cid:73)(cid:72)(cid:81)(cid:71)(cid:68)(cid:81)(cid:87)(cid:11)(cid:86)(cid:12)(cid:3) (cid:1798) (cid:38)(cid:82)(cid:88)(cid:85)(cid:87)(cid:3) (cid:1798) (cid:50)(cid:87)(cid:75)(cid:72)(cid:85)(cid:29) (cid:40)(cid:91)(cid:75)(cid:76)(cid:69)(cid:76)(cid:87) (cid:49)(cid:82)(cid:17) (cid:39)(cid:68)(cid:87)(cid:72) I(cid:71)(cid:72)(cid:81)(cid:87)(cid:76)(cid:73)(cid:76)(cid:72)(cid:71) (cid:39)(cid:68)(cid:87)(cid:72) (cid:36)(cid:71)(cid:80)(cid:76)(cid:87)(cid:87)(cid:72)(cid:71) (cid:58)(cid:76)(cid:87)(cid:81)(cid:72)(cid:86)(cid:86) (cid:39)(cid:72)(cid:86)(cid:70)(cid:85)(cid:76)(cid:83)(cid:87)(cid:76)(cid:82)(cid:81) (cid:40)(cid:91)(cid:75)(cid:76)(cid:69)(cid:76)(cid:87) (cid:49)(cid:82)(cid:17) (cid:39)(cid:68)(cid:87)(cid:72) (cid:44)(cid:71)(cid:72)(cid:81)(cid:87)(cid:76)(cid:73)(cid:76)(cid:72)(cid:71) (cid:39)(cid:68)(cid:87)(cid:72) (cid:36)(cid:71)(cid:80)(cid:76)(cid:87)(cid:87)(cid:72)(cid:71) (cid:58)(cid:76)(cid:87)(cid:81)(cid:72)(cid:86)(cid:86) (cid:39)(cid:72)(cid:86)(cid:70)(cid:85)(cid:76)(cid:83)(cid:87)(cid:76)(cid:82)(cid:81) (cid:21)

=== Government’s Exhibit (PDF) ===

U.S. District Court Middle District of Florida GOVERNMENT'S EXHIBIT U.S. District Court Middle District of Florida GOVERNMENT'S EXHIBIT U.S. District Court Middle District of Florida GOVERNMENT'S EXHIBIT Exhibit Number: Case Number: Date Identified: Date Admitted: Exhibit Number: Case Number: Exhibit Number: Case Number: v. v. v. Date Identified: Date Admitted: Date Identified: Date Admitted: U.S. District Court Middle District of Florida GOVERNMENT'S EXHIBIT U.S. District Court Middle District of Florida GOVERNMENT'S EXHIBIT U.S. District Court Middle District of Florida GOVERNMENT'S EXHIBIT Exhibit Number: Case Number: Date Identified: Date Admitted: Exhibit Number: Case Number: Exhibit Number: Case Number: v. v. v. Date Identified: Date Admitted: Date Identified: Date Admitted: U.S. District Court Middle District of Florida GOVERNMENT'S EXHIBIT U.S. District Court Middle District of Florida GOVERNMENT'S EXHIBIT U.S. District Court Middle District of Florida GOVERNMENT'S EXHIBIT Exhibit Number: Case Number: Date Identified: Date Admitted: Exhibit Number: Case Number: Exhibit Number: Case Number: v. v. v. Date Identified: Date Admitted: Date Identified: Date Admitted:

=== Interested Persons Order (PDF) ===

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, law firm, 1.) 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] the name of every other entity whose publicly-traded stock, equity, or 2.) debt may be substantially affected by the outcome of the proceedings: [insert list] the name of every other entity which is likely to be an active participant in 3.) 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 criminal 4.) 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] _____________________________ [Counsel of Record or Pro Se Party] [Address and Telephone]

=== Joint Exhibit (PDF) ===

U.S. District Court Middle District of Florida JOINT EXHIBIT U.S. District Court Middle District of Florida JOINT EXHIBIT U.S. District Court Middle District of Florida JOINT EXHIBIT Exhibit Number: Case Number: Date Identified: Date Admitted: Exhibit Number: Case Number: Exhibit Number: Case Number: v. v. v. Date Identified: Date Admitted: Date Identified: Date Admitted: U.S. District Court Middle District of Florida JOINT EXHIBIT U.S. District Court Middle District of Florida JOINT EXHIBIT U.S. District Court Middle District of Florida JOINT EXHIBIT Exhibit Number: Case Number: Date Identified: Date Admitted: Exhibit Number: Case Number: Exhibit Number: Case Number: v. v. v. Date Identified: Date Admitted: Date Identified: Date Admitted: U.S. District Court Middle District of Florida JOINT EXHIBIT U.S. District Court Middle District of Florida JOINT EXHIBIT U.S. District Court Middle District of Florida JOINT EXHIBIT Exhibit Number: Case Number: Date Identified: Date Admitted: Exhibit Number: Case Number: Exhibit Number: Case Number: v. v. v. Date Identified: Date Admitted: Date Identified: Date Admitted:

=== Notice of Pendency of Other Actions (PDF) ===

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION Plaintiff, v. Case No. Defendant. ______________________________________ NOTICE OF PENDENCY OF OTHER ACTIONS In accordance with Local Rule 1.04(d), I certify that the instant action: _____ IS related to pending or closed civil or criminal case(s) previously filed in this Court, or any other Federal or State court, or administrative agency as indicated below: _______________________________________________________ _______________________________________________________ _______________________________________________________ _______________________________________________________ _____ IS NOT related to any pending or closed civil or criminal case filed with this Court, or any other Federal or State court, or administrative agency. I further certify that I will serve a copy of this NOTICE OF PENDENCY OF OTHER ACTIONS upon each party no later than fourteen days after appearance of the party. Dated: _____________________________ Counsel of Record or Pro Se Party [Address and Telephone]

=== Plaintiff’s Exhibit (PDF) ===

U.S. District Court Middle District of Florida PLAINTIFF'S EXHIBIT U.S. District Court Middle District of Florida PLAINTIFF'S EXHIBIT U.S. District Court Middle District of Florida PLAINTIFF'S EXHIBIT Exhibit Number: Case Number: Date Identified: Date Admitted: Exhibit Number: Case Number: Exhibit Number: Case Number: v. v. v. Date Identified: Date Admitted: Date Identified: Date Admitted: U.S. District Court Middle District of Florida PLAINTIFF'S EXHIBIT U.S. District Court Middle District of Florida PLAINTIFF'S EXHIBIT U.S. District Court Middle District of Florida PLAINTIFF'S EXHIBIT Exhibit Number: Case Number: Date Identified: Date Admitted: Exhibit Number: Case Number: Exhibit Number: Case Number: v. v. v. Date Identified: Date Admitted: Date Identified: Date Admitted: U.S. District Court Middle District of Florida PLAINTIFF'S EXHIBIT U.S. District Court Middle District of Florida PLAINTIFF'S EXHIBIT U.S. District Court Middle District of Florida PLAINTIFF'S EXHIBIT Exhibit Number: Case Number: Date Identified: Date Admitted: Exhibit Number: Case Number: Exhibit Number: Case Number: v. v. v. Date Identified: Date Admitted: Date Identified: Date Admitted:

=== Public Notice: Service to Persons with Communications Disabilities (PDF) ===

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA OFFICE OF THE CLERK Elizabeth M. Warren Clerk of Court Tel.: 407-835-4200 Fax: 407-835-4228 PUBLIC NOTICE Services to Persons with Communications Disabilities Pursuant to Judicial Conference policy and the Guide to Judiciary Policy, Vol. 5, Ch. §255, Services to the Hearing Impaired and Others with Communication Disabilities, the court must provide sign language interpreters or other auxiliary aids and services to participants in federal court proceedings who are deaf, hearing impaired, or have other communication disabilities. Participants in court proceedings include parties, attorneys, and witnesses of in-court or out-of- court events. Court proceedings include in-court events such as trials, hearings, ceremonies and other public programs or activities conducted by a judicial officer. These services will generally not be provided to spectators unless the court deems appropriate. The court will also provide a sign language interpreter or other appropriate auxiliary aid or service to a qualified juror with a communication disability. Access Coordinators Fort Myers Kim Arnett (239) 461-2003 (239) 461-2000 Jacksonville Lenore Benoit (904) 549-1313 (904) 549-1900 Ocala Lisa Fannin (352) 369-4863 (352) 369-4860 Orlando Gloria Schafer (407) 835-4202 (407) 835-4200 Tampa Sonya Cohn (813) 301-5455 (813) 301-5400 Access coordinators have working knowledge of the types of auxiliary aids and services available to serve the needs of disabled persons and of the local sources from which auxiliary aids and services (including real time reporting) may be procured. The coordinators can also be contacted by email at [email protected]. Auxiliary Aids and Services The U.S. District Court for the Middle District of Florida currently has infrared systems at each location for use by persons with communications disabilities. All divisions of the court have an IR/Assisted Listening fixed system with 8 headsets in each courtroom. If you are a party, prospective juror or witness and you believe you will require CART (Communication Access Realtime Translation) or an American Sign Language interpreter in the courtroom, please contact the access coordinator for the courthouse where the proceedings will be held. Requests for the use of auxiliary aids must be made directly to the access coordinator in the division where the case is pending a minimum of 7 days prior to a scheduled court proceeding to make the necessary arrangements. ______________________________________________________________________________________________________________________________ Fort Myers Division Jacksonville Division U.S. Courthouse U.S. Courthouse 2110 First Street 300 North Hogan Street Fort Myers, FL 33901 Jacksonville, FL 32202 Ocala Division U.S. Courthouse 207 N.W. Second Street 401 W. Central Blvd. Ocala, FL 34475 Tampa Division U.S. Courthouse 801 N. Florida Avenue Tampa, FL 33602 Orlando Division U.S. Courthouse Orlando, FL 32801 7/20/17

=== Case Management Report ===

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION v. Case No. Plaintiff, ______________________________________ Defendant. 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 [Approximately 30 days after CMR meeting] Certificate of Interested Persons and Corporate Disclosure Statement [Each party who has not previously filed must file immediately] Motions to Add Parties or to Amend Pleadings [Approximately 1 - 2 months after CMR meeting] Disclosure of Expert Reports Plaintiff: Defendant: [Approximately 1 - 2 months before discovery deadline to allow expert depositions] Discovery Deadline [Approximately 6 - 8 months after defendant’s first appearance] Dispositive Motions, Daubert, and Markman Motions [Court requires 5 months or more before trial term begins] Meeting In Person to Prepare Joint Final Pretrial Statement [Court will set a date] Joint Final Pretrial Statement (Including a Single Set of Jointly-Proposed Jury Instructions and Verdict Form, Witness Lists, Exhibit Lists with Objections on Approved Form – all to be emailed in a Word document to chambers at: [email protected].) [Court will set a date] All Other Motions Including Motions In Limine [Court requires 2 months before Trial term begins] Final Pretrial Conference [Court will set a date]] Trial Term Begins [Trial term must not be less than 5 months after dispositive motions deadline (unless filing of such motions is waived); district judge trial terms begin on the first Monday of each month; trials before magistrate judges will be set on a date certain after consultation with the parties] DEADLINE OR EVENT AGREED DATE Estimated Length of Trial [Number of trial days] Jury / Non-Jury Mediation Deadline: Proposed Date of Mediation: Mediator: Address: Telephone: [Absent arbitration, mediation is mandatory; the Court recommends 7 days after the discovery deadline] All Parties Consent to Proceed Before Magistrate Judge Yes____ No____ Likely to Agree in Future _____ I. Preparation of the Case Management Report Lead counsel may meet in person or by telephone to prepare the Case Management Report. Pursuant to Local 1 Rule 3.05(c)(2)(B) or (c)(3)(A), a meeting was held in person or by telephone on ___________________ (date) and was attended by: Name Counsel for (if applicable) Once the parties have met and a case management report has been filed, discovery in this case can commence. II. Pre-Discovery Initial Disclosures of Core Information Fed. R. Civ. P. 26(a)(1)(A) - (D) Disclosures Fed. R. Civ. P. 26, as amended effective December 1, 2000, provides that these disclosures are mandatory in Track Two and Track Three cases, except as stipulated by the parties or otherwise ordered by the Court (the amendment to Rule 26 supersedes Middle District of Florida Local Rule 3.05, to the extent that Rule 3.05 opts out of the mandatory discovery requirements): The parties ____ have exchanged ____ agree to exchange (check one) information described in Fed. R. Civ. P. 26(a)(1)(A) - (D) 1A copy of the Local Rules may be viewed at http://www.flmd.uscourts.gov. 2 on by (check one) (date). Below is a description of information disclosed or scheduled for disclosure, including electronically stored information as further described in Section III below. III. Electronic Discovery The parties have discussed issues relating to disclosure or discovery of electronically stored information (“ESI”), including Pre-Discovery Initial Disclosures of Core Information in Section II above, and agree that (check one): ___ No party anticipates the disclosure or discovery of ESI in this case; ___ One or more of the parties anticipate the disclosure or discovery of ESI in this case. 2 If disclosure or discovery of ESI is sought by any party from another party, then the following issues shall be discussed: A. The form or forms in which ESI should be produced. B. Nature and extent of the contemplated ESI disclosure and discovery, including specification of the topics for such discovery and the time period for which discovery will be sought C. Whether the production of metadata is sought for any type of ESI, and if so, what types of metadata. D. The various sources of ESI within a party’s control that should be searched for ESI, and whether either party has relevant ESI that it contends is not reasonably accessible under Rule 26(b)(2)(B), and if so, the estimated burden or costs of retrieving and reviewing that information. E. The characteristics of the party’s information systems that may contain relevant ESI, including, where appropriate, the identity of individuals with special knowledge of a party’s computer systems. F. Any issues relating to preservation of discoverable ESI. G. Assertions of privilege or of protection as trial-preparation materials, including whether the parties can facilitate discovery by agreeing on procedures and, if appropriate, an Order under the Federal Rules of Evidence Rule 502. If the parties agree that a protective order is needed, they shall attach a copy of the proposed order to the Case Management Report. The parties should attempt to agree on protocols that minimize the risk of waiver. Any protective order shall comply with Local Rule 1.09 and Section IV. F. below on Confidentiality Agreements. H. Whether the discovery of ESI should be conducted in phases, limited, or focused upon particular issues. Please state if there are any areas of disagreement on these issues and, if so, summarize the parties’ position on each: _________________________________________________________________________________________________ 2 See Generally: Rules Advisory Committee Notes to the 2006 Amendments to Rule 26 (f) and Rule 16. 3 __________________________________________________________________________________________________ __________________________________________________________________________________________________ _______________________________________________________________________________________________ If there are disputed issues specified above, or elsewhere in this report, then (check one): ___ One or more of the parties requests that a preliminary pre-trial conference under Rule 16 be scheduled to discuss these issues and explore possible resolutions. Although this will be a non-evidentiary hearing, if technical ESI issues are to be addressed, the parties are encouraged to have their information technology experts with them at the hearing. If a preliminary pre-trial conference is requested, a motion shall also be filed pursuant to Rule 16(a), Fed. R. Civ. P. ___ All parties agree that a hearing is not needed at this time because they expect to be able to promptly resolve these disputes without assistance of the Court. IV. Agreed Discovery Plan for Plaintiffs and Defendants A. Certificate of Interested Persons and Corporate Disclosure Statement — This Court has previously ordered each party, governmental party, intervenor, non-party movant, and Rule 69 garnishee to file and serve a Certificate of Interested Persons and Corporate Disclosure Statement using a mandatory form. No party may seek discovery from any source before filing and serving a Certificate of Interested Persons and Corporate Disclosure Statement. A motion, memorandum, response, or other paper — including emergency motion — is 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. Every party that has appeared in this action to date has filed and served a Certificate of Interested Persons and Corporate Disclosure Statement, which remains current: _______ Yes _______ No Amended Certificate will be filed by ____________________ (party) on or before ____________________ (date). 4 B. Discovery Not Filed — The parties shall not file discovery materials with the Clerk except as provided in Local Rule 3.03. The Court encourages the exchange of discovery requests on diskette. See Local Rule 3.03 (f). The parties further agree as follows: C. Limits on Discovery — Absent leave of Court, the parties may take no more than ten depositions per side (not per party). Fed. R. Civ. P. 30(a)(2)(A); Fed. R. Civ. P. 31(a)(2)(A); Local Rule 3.02(b). Absent leave of Court, the parties may serve no more than twenty-five interrogatories, including sub-parts. Fed. R. Civ. P. 33(a); Local Rule 3.03(a). Absent leave of Court or stipulation of the parties each deposition is limited to one day of seven hours. Fed. R. Civ. P. 30(d)(2). The parties may agree by stipulation on other limits on discovery. The Court will consider the parties’ agreed dates, deadlines, and other limits in entering the scheduling order. Fed. R. Civ. P. 29. In addition to the deadlines in the above table, the parties have agreed to further limit discovery as follows: 1. Depositions 2. Interrogatories 3. Document Requests 4. Requests to Admit 5. Supplementation of Discovery D. Discovery Deadline — 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. In addition, the parties agree as follows: E. Disclosure of Expert Testimony — On or before the dates set forth in the above table for the disclosure of expert reports, the parties agree to fully comply with Fed. R. Civ. P. 26(a)(2) and 26(e). Expert testimony on direct examination at trial will be limited to the opinions, basis, reasons, data, and other information disclosed in the written expert report disclosed pursuant to this order. 5 Failure to disclose such information may result in the exclusion of all or part of the testimony of the expert witness. The parties agree on the following additional matters pertaining to the disclosure of expert testimony: F. Confidentiality Agreements — 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 a finding of extraordinary circumstances and particularized need. See Brown v. Advantage Engineering, Inc., 960 F.2d 1013 (11th Cir. 1992); Wilson v. American Motors Corp., 759 F.2d 1568 (11th Cir. 1985). A party seeking to file a document under seal must file a motion to file under seal requesting such Court action, together with a memorandum of law in support. The motion, whether granted or denied, will remain in the public record. The parties may reach their own agreement regarding the designation of materials as “confidential.” There is no need for the Court to endorse the confidentiality agreement. 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: G. Other Matters Regarding Discovery — V. Settlement and Alternative Dispute Resolution. A. Settlement — The parties agree that settlement is _____ likely ______ unlikely (check one) The parties request a settlement conference before a United States Magistrate Judge. yes ____ no likely to request in future _______ B. Arbitration — The Local Rules no longer designate cases for automatic arbitration, but the parties may elect arbitration in any case. Do the parties agree to arbitrate? yes ______ no ______ likely to agree in future ______ 6 _______ Binding ________Non-Binding C. Mediation — Absent arbitration or 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 http://www.flmd.uscourts.gov. D. Other Alternative Dispute Resolution — The parties intend to pursue the following other methods of alternative dispute resolution: Date: _____________________ Signature of Counsel (with information required by Local Rule 1.05(d and Signature of Unrepresented Parties. ____________________________________ _________________________________ ____________________________________ _________________________________ ____________________________________ _________________________________ ____________________________________ _________________________________ 7