Template Scheduling Order; Jury Trial Period Spreadsheet; Sentencing Procedures; Procedures for Motions for Default Judgment

=== Template Scheduling Order ===

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No.: xx-cv-xxxx-JB/Torres Plaintiff, XX, v. XX, Defendant. _________________________________________/ ORDER SETTING TRIAL, CALENDAR CALL, REFERENCE TO MAGISTRATE JUDGE, PRETRIAL DEADLINES, AND PRETRIAL PROCEDURES This Court enters the following Order setting the trial in this matter and to establish pretrial deadlines and procedures. I. TRIAL SETTING, CALENDAR CALL Trial Date: Trial is scheduled to commence during the two-week period beginning Monday, [counsel to input date that is 120 days after the filing deadline for dispositive motions]1, at 9:30 a.m. at the Wilkie D. Ferguson, Jr. Courthouse, 400 N. Miami Avenue, Courtroom 11-4, Miami, Florida 33128. Calendar Call: Tuesday, [counsel to input date that is the Tuesday prior to the first day of trial], at 8:30 a.m. at the Wilkie D. Ferguson, Jr. Courthouse, 400 N. Miami Avenue, Courtroom 11-4, Miami, Florida 33128. II. PRETRIAL DEADLINES [approx. 60 days from the filing of the joint scheduling report] All motions to join additional parties and amend the complaint must be filed. 1 Counsel should refer to the Jury Trial Period Spreadsheet located under the “Civil Procedures” tab of the website. 1 [counsel to input date that is two months prior to discovery deadline] [counsel to input date that is one month prior to discovery deadline] of any testify. permitted Parties shall exchange a written list containing the names, addresses and expert summaries/reports witnesses intended to be called at trial. Only those expert witnesses listed shall be The to summaries/reports shall include the information required by Fed. R. Civ. P. 26(a)(2): expert’s of qualifications to be offered at trial, publications and writings, style of the case and name of court and judge in cases in which the expert has previously testified and the subject of that expert testimony, the substance of the facts and all opinions to which the expert is expected to testify, and a summary of the grounds for each opinion. lists the Parties shall exchange a written list containing the names, addresses and summaries/reports of any rebuttal expert witnesses intended to be called at trial. Only those expert witnesses listed shall be permitted to testify. The summaries/reports shall include the information required by Fed. R. Civ. P. 26(a)(2): expert’s of qualifications to be offered at trial, publications and writings, style of case and name of court and judge in cases in which the expert has previously testified and the subject of that expert testimony, the substance of the facts and all opinions to which the expert is expected to testify, and a summary of the grounds for each opinion. lists the [Expedited Track: counsel to input date that is 135 days from the filing of the joint scheduling report. All discovery shall be completed. 2 Standard Track: counsel to input date that is 225 days from the filing of the joint scheduling report. Complex Track: counsel to input date that is 315 days from the filing of the joint scheduling report.] [counsel to input date that is one week after close of discovery] Mediation shall be completed. [counsel to input date that is 60 days from the close of discovery] All dispositive pretrial motions and memoranda of law, as well as any motions to exclude or limit proposed expert testimony must be filed. Any Daubert motion shall be accompanied by appropriate affidavits. If any party moves to strike an expert affidavit filed in support of a motion for summary judgment for reasons stated in Daubert v. Merrill Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), the motion to strike shall be that party’s responsive memorandum. filed with [counsel to input date that is 45 days prior to calendar call] All pretrial motions and memoranda of law must be filed. [counsel to input date that is one week prior to calendar call] Parties must Stipulation, as set forth herein. file Joint Pretrial The Court has selected the trial date and dispositive motion deadline that the Parties proposed in their Joint Scheduling Report. As such, the Court will not extend those deadlines absent extraordinary circumstances. Further, a motion for continuance of the trial shall not stay or otherwise change any of the deadlines above. Unless a true emergency situation arises, a motion for continuance will not be considered unless it is filed at least thirty days prior to the scheduled trial date. Compliance with all deadlines—whether set by Court order or under the Federal and Local Rules—is mandatory. Requests for extensions of time, including unopposed 3 motions, will only be granted by the Court upon an appropriate motion showing good cause why the deadline cannot be met. Absent an emergency, motions for extensions of time must be filed no later than three business days prior to the deadline from which relief is being sought. All requests for extensions of time must include (1) the conferral statement required under Local Rule 7.1 specifying what methods were used to confer; (2) a list of any prior motions for extension of time, the basis for those requests, and whether they were granted; (3) a specific statement regarding the circumstances necessitating the requested relief; (4) a specific period for the relief requested, and (5) a statement as to whether the request impacts the deadline to file a dispositive motion or trial date. III. LOCAL RULES Unless otherwise directed by this Order, the Court requires compliance with the Local Rules. The filing of any motion, including motions for summary judgement, that are not in compliance with the Local Rules are subject to being stricken or denied. The procedures below supplement the Local Rules. This Order controls if the Local Rules conflict with any requirement herein or require different deadlines. IV. DISCOVERY AND REFERRAL TO THE MAGISTRATE JUDGE Pursuant to 28 U.S.C. Section 636 and this District’s Magistrate Judge Rules, all discovery matters are hereby referred to United States Magistrate Judge ______. Furthermore, in accordance with 28 U.S.C. Section 636(c)(1), the parties may consent to trial and final disposition by the Magistrate Judge. The deadline to submit a consent is at the close of the discovery period. The parties are to follow the Magistrate Judge’s Discovery Procedures for any discovery dispute. The parties may stipulate to extend the time to answer interrogatories, produce documents, and answer requests for admissions without the need to file a written motion or stipulation. However, no extension that interferes with the deadlines set forth above may be entered into without seeking leave of Court. V. MEDIATION Mediation is required in accordance with the Local Rules and the deadline set forth above. It is not necessary for the parties to file a motion requesting the Court to enter an order scheduling the mediation. Instead, the parties are required to file a Notice of Mediation with the name of the mediator and the date of the mediation at least thirty days before the mediation. The parties shall notify the Court of the results of the mediation (e.g., settled, impasse, or adjourned to continue discussions) within two days of the conclusion of the mediation. 4 VI. FILING OF MOTIONS All filings must be in a 12-point font and double spaced. Single spacing is only permitted for footnotes. The required conferral under Local Rule 7.1 must be by telephone or in person. An e-mail conferral will only be permitted if counsel provided at least forty-eight hours for a response before the filing of the motion. VII. TRIAL PROCEDURES Preparation of Pretrial Stipulation and Pretrial Conference: Counsel and all pro se litigants must meet to confer on the preparation of a joint pretrial stipulation, which must be filed by the deadline set forth above. The stipulation shall conform to Local Rule 16.1(e) and include a joint, neutral summary of the claims and defenses in the case, not to exceed one short paragraph per litigant claim, to be read as an introduction for voir dire examination. The Court will not accept unilateral pretrial stipulations and will sua sponte strike any such submissions. Any requests for daily copy trial transcripts must be made no later than seven days before the Calendar Call. Those requests must be made by email to Vernita Allen- Williams at vernita [email protected]. The Court will determine whether a pretrial conference is necessary. Should a pretrial conference be set, the deadlines as set forth in this Order shall remain unaltered. Jury Instructions: The parties shall file a joint set of proposed jury instructions and a joint proposed verdict form by no later than the Friday before Calendar Call. In preparing proposed jury instructions, the parties shall utilize as a guide the Pattern Jury Instructions for Civil Cases approved by the United States Eleventh Circuit, including the Directions to Counsel contained therein. Instructions and questions proposed only by the plaintiff(s) to which the defendant(s) object shall be italicized. Instructions and questions proposed only by the defendant(s) to which the plaintiff(s) object shall be boldfaced. Each jury instruction shall be typed on a separate sheet and must be supported by citations of authority. Each disputed jury instruction shall also state the legal basis for the objection(s) with citations to authority. A Word version copy of the joint proposed jury instructions and verdict form or the proposed findings of fact and conclusions of law shall be e-mailed to [email protected] at the time of filing. Bench Trials: Each party shall file proposed findings of fact and conclusions of law by no later than the Friday before Calendar Call. Proposed findings of fact shall 5 be supported by citations to the documentary evidence, if applicable. Conclusions of law shall be supported by citations of authority. Copies of each party’s proposed findings of fact and conclusions of law in Word format shall be e-mailed to [email protected] at the time of filing. Instructions Regarding the Use of Depositions at Trial: If deposition transcripts will be used at trial, the parties shall comply with the following guidelines. At least twenty-eight (28) days in advance of the Calendar Call, a party seeking to use a deposition in its affirmative case shall serve a copy of such designations. Five (5) days after receipt of the designations, the opposing party shall serve its counter-designations, together with any objections. Five (5) days after receipt of the counter designations, the moving party shall serve its objections to the counter-designations. No later than seven days before the Calendar Call, the parties shall prepare and jointly file one transcript for each deposition to be used during trial. The parties shall edit the transcript, using a mini-transcript when available, to remove all irrelevant, extraneous and unnecessary pages. Each portion of the testimony designated shall be bracketed to indicate beginning and end. A notice of filing setting forth each party’s designated testimony by line and page, and setting forth all objections, shall be filed with the transcript. In addition to listing objections in the notice of filing, the objections shall also be indicated in the margin of the transcript. The parties may either write their objections in the margins or use logical abbreviations that will be apparent to the Court and other parties (for example “H” for hearsay). If the parties use abbreviations, the notice of filing must include a key for the Court’s reference. A courtesy copy of the notice and transcript shall be delivered to chambers at the time of filing. Each party shall mark the courtesy copy of the transcript with a different color ink or highlighter to identify its designated portions of the transcript. Voir Dire: The Court will provide each prospective juror with a brief questionnaire prior to the commencement of questioning in the courtroom. Any party may submit proposed, case-specific questions for the Court’s consideration. The proposed questions must be filed with the Court at the time of the filing of the joint pretrial stipulation. The Court will begin voir dire by questioning the venire individually and as a whole and will permit, at its discretion, attorney-directed voir dire. The Court will not permit back striking of jurors. Trial Witnesses: Counsel must provide to opposing counsel, no later than 12:00 p.m., the names of the witnesses who will be called the following day. If this 6 procedure is violated, the Court may preclude a witness from testifying at the time counsel intended. NON-COMPLIANCE WITH ANY PROVISION OF THIS ORDER MAY SUBJECT THE OFFENDING PARTY TO SANCTIONS OR DISMISSAL. DONE AND ORDERED in Miami, Florida, this ____ day of ________, 202[__]. _______________________________________________ JACQUELINE BECERRA UNITED STATES DISTRICT JUDGE 7

=== Jury Trial Period Spreadsheet ===

Two Week Jury Trial Period 2023 01/02/2023 01/16/2023 01/30/2023 2024 01/02/2024 01/16/2024 01/29/2024 2025 01/13/2025 01/27/2025 2026 01/12/2026 01/26/2026 2027 01/11/2027 01/25/2027 02/13/2023 02/27/2023 02/12/2024 02/26/2024 02/10/2025 02/24/2025 02/09/2026 02/23/2026 02/08/2027 02/22/2027 03/13/2023 03/27/2023 03/11/2024 03/25/2024 03/10/2025 03/24/2025 03/09/2026 03/23/2026 03/08/2027 03/22/2027 04/10/2023 04/24/2023 04/08/2024 04/22/2024 04/07/2025 04/21/2025 04/06/2026 04/20/2026 04/05/2027 04/19/2027 05/08/2023 05/22/2023 05/06/2024 05/20/2024 05/05/2025 05/19/2025 05/04/2026 05/18/2026 06/05/2023 06/19/2023 06/03/2024 06/17/2024 06/02/2025 06/16/2025 06/30/2025 06/01/2026 06/15/2026 06/29/2026 05/03/2027 05/17/2027 05/31/2027 06/14/2027 06/28/2027 07/03/2023 07/17/2023 07/31/2023 07/01/2024 07/15/2024 07/29/2024 07/14/2025 07/28/2025 07/13/2026 07/27/2026 07/12/2027 07/26/2027 08/14/2023 08/28/2023 08/12/2024 08/26/2024 08/11/2025 08/25/2025 08/10/2026 08/24/2026 08/09/2027 08/23/2027 09/11/2023 09/25/2023 09/09/2024 09/23/2024 09/08/2025 09/22/2025 09/08/2026 09/21/2026 09/07/2027 09/20/2027 10/09/2023 10/23/2023 10/07/2024 10/21/2024 10/06/2025 10/20/2025 10/05/2026 10/19/2026 10/04/2027 10/18/2027 11/06/2023 11/20/2023 11/04/2024 11/18/2024 11/03/2025 11/17/2025 12/04/2023 12/18/2023 12/02/2024 12/16/2024 12/30/2024 12/01/2025 12/15/2025 12/29/2025 11/02/2026 11/16/2026 11/30/2026 12/14/2026 12/28/2026 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43

=== Sentencing Procedures ===

JUDGE JACQUELINE BECERRA’S SENTENCING PROCEDURES 1. The Court sets aside 30 minutes for sentencing hearings. If any party requires more than 30 minutes, counsel for that party shall file, no later than 14 days prior to the hearing, a motion in which the moving party specifies how much time will be needed and why more time is necessary. If a party will be presenting evidence at the hearing, they must notify the Court and opposing counsel no later than 14 days prior to the hearing. Failure to notify the Court and opposing counsel may lead to the evidence being stricken or disregarded by the Court. The following deadlines apply with respect to the preparation of and objections 2. to the Presentence Investigation Report (“PSR”). The failure to comply with these deadlines may lead to the objection or argument being stricken or otherwise disregarded by the Court. Disclosure of Draft PSR: The Probation Office shall disclose the Draft PSR (“PSR”) no later than 35 days prior to the sentencing hearing. Objections to Draft PSR and/or Sentencing Memoranda: Each party shall file its objections, if any, to the Draft PSR and any motions for sentencing departures or variances no later than 14 days after the disclosure of the Draft PSR. Any memorandum or other filings made in support of a parties’ sentencing recommendations are also to be filed no later than 14 days after the disclosure of the Draft PSR. Response to Objections to Draft PSR: The non-moving party must respond to any objection filed within 7 days of the objection being filed. The non-moving party must respond to each objection to the PSR, as well as to any motion for a variance or departure, even if the non-moving party plans to concede the objection, variance, or departure. Final PSR: The Probation Office shall disclose the Final PSR and Addendum no later 7 days before the sentencing hearing. Objections to Final PSR: Any party that has previously filed an objection to the PSR shall, no later than 3 days before the sentencing hearing, file a notice setting forth those previously filed objections, if any, that have been resolved and those that remain outstanding. 3. Defendants released on bond pending trial and who are sentenced to a term of incarceration should be prepared to surrender to the U.S. Marshal’s Service at the conclusion of the sentencing hearing. Any motion seeking leave for Defendant to surrender after the date of sentencing must be filed at the time set for the filing of objections to the PSR.

=== Procedures for Motions for Default Judgment ===

JUDGE JACQUELINE BECERRA’S STANDING PROCEDURES REGARDING MOTIONS FOR DEFAULT FINAL JUDGMENT 1. Within seven (7) days of the entry of a Clerk’s Default, Plaintiff(s) must file a Motion for Default Final Judgment. The Motion must include affidavits of any sum certain due by Defendant(s), and any other supporting documentation necessary to determine Plaintiff(s)’ measure of damages. The Motion shall also be accompanied by: (1) the necessary affidavit under the Servicemembers Civil Relief Act, 50 U.S.C. app. section 521(b), if applicable; (2) a memorandum of law supporting entitlement to final judgment; (3) a proposed order; and (4) a proposed final judgment. Plaintiff(s)’ failure to file a Motion for Default Final Judgment within the specified time frame will result in a dismissal without prejudice and without further notice. 2. Pursuant to CM/ECF Administrative Procedures, the proposed order and proposed final judgment shall be submitted to the Court by e-mail in Word format at [email protected]. The email subject line must include the case number as follows: XX-cv-XXXX-JB. Plaintiff shall send a copy of the Motion to Defendant(s)’ counsel, or, if Defendant(s) are pro se, to Defendant(s) . In the certificate of service, Plaintiff(s) shall indicate that notice was sent and list the address(es) where notice was sent. 3. In multi-defendant cases, if there are no allegations of joint and several liability, and no possibility of inconsistent liability between Defendants, Plaintiff(s) shall file a motion for default final judgment as provided for above. However, if there a re allegations of joint and several liability, or the possibility of inconsistent liability between Defendants, Plaintiff(s) shall also file a notice of joint liability. See Frow v. De La Vega, 82 U.S. 552, 554 (1872); 10A Charles Alan Wright et al., Federal Practice and Procedure § 2690 (4th ed. 2021) (citing Frow, 82 U.S. at 554); see also Gulf Coast Fans, Inc. v. Midwest Elecs. Imps., Inc., 740 F.2d 1499, 1512 (11th Cir. 1984). The notice of joint liability must be filed with the Motion for Default Final Judgment and shall briefly describe the allegations and advise the Court of the status of the other Defendant(s)’ liability. 4. If Defendant(s) fail(s) to move to set aside the Clerk’s Default or respond to the Motion within the time permitted by the Rules, default final judgment may be entered without further hearing or notice.