11-Cv-60947 Docket 12 Joint Scheduling Report

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case No. 0:11-cv-60947

IO GROUP, INC., Plaintiff, v. ANTONIO ALMEIDA, Defendant. /

JOINT SCHEDULING REPORT AND JOINT PROPOSED SCHEDULING ORDER

Plaintiff, IO GROUP, INC., and Defendant, ANTONIO ALMEIDA, by and through their

undersigned attorneys, pursuant to Federal Rules of Civil Procedure 26(f) and Local Rule 16(b),

file their Joint Scheduling Report and Joint Proposed Scheduling Order addressing discovery and

other pretrial issues.

I. REPORT OF THE PARTIES’ CONFERENCE PURSUANT TO LOCAL RULE 16.1(B)(2)

a. Likelihood of Settlement:

The parties agree that settlement of this case is likely once a sufficient amount of

discovery has been completed.

b. Likelihood of Appearance of Additional Parties:

The parties acknowledge a need to join any additional parties to this case.

Plaintiff may add responsible parties revealed through discovery as defendants.

Additionally, Defendant anticipates potentially filing one or more third-party

actions.

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2 Joint Scheduling Report and

Joint Proposed Scheduling Order

c. Proposed Time Limits to:

i. Joining Parties and Amending Pleadings: The Parties request that

parties be joined and that pleadings be amended no later than January 24,

2012.

ii. To File and Hear Motions: The Parties request that all dispositive pre-

trial motions and memoranda of law, including all motions for summary

judgment and motions for judgment on the pleadings be directed to be

filed on or before February 24, 2012. The Parties have further agreed

that all motions in limine shall be filed and served in accordance with

Local Rule 16.1(J).

iii. To Complete Discovery: The Parties request that all discovery be

directed to be completed on or before January 24, 2012. The Parties have

further agreed that in order to comply with the discovery cut-off, written

discovery must be served on or before 30 days before the discovery cut-off.

d. Proposals for the formulation and simplification of the issues:

Defendant has agreed to stipulate to the timeliness and validity of Plaintiff’s

copyright registration. Counsel shall meet before the Pretrial Conference or

Calendar Call to discuss any additional proposals for the formulation and

simplification of the issues.

e. Necessity of Amendments to the Pleadings:

The parties acknowledge that the Pleadings may require amendment to conform

to facts learned through discovery.




f. Possibility of obtaining admissions of facts and of documents:

Counsel will meet after the applicable discovery cut-off date and before the pre-

trial conference to discuss stipulations regarding the authenticity of documents

and the need for advance rulings from the Court on the admissibility of evidence.

g. Suggestions for the avoidance of unnecessary proof and cumulative evidence:

At this time, the Parties have no suggestions for the avoidance of unnecessary

proof and cumulative evidence, but will endeavor to find ways to litigate this case

efficiently in the event this action is not dismissed.

h. Referring matters to a magistrate judge or master:

The parties jointly and voluntarily elect to have a United States Magistrate Judge

decide the following motions and issue final orders or judgment with respect

thereto: Motions for Costs, Motions for Attorneys’ Fees, and Motions for

Sanctions

i. Preliminary estimate of time for trial:

The parties estimate a three (3) day jury trial following voir dire.

j. Dates for conferences before trial, a final pretrial conference, and trial:

A Pre-Trial Conference shall be scheduled by the Court.

k. Any other information helpful to the Court:

None at this time.




In addition to the foregoing Joint Scheduling Report, the parties submit herewith

Attachment A, which is a worksheet of Pretrial Deadlines, Pretrial Conference and Trial Date.

Dated: July 27, 2011 Respectfully Submitted

THE WALLACE LAW GROUP, P.L. RANDAZZA LEGAL GROUP 1375 Gateway Boulevard 2 South Biscayne Blvd., Suite 2600 Boynton Beach, Florida 33426 Miami, Florida 33131 Telephone: 561-767-4413 Telephone: 888-667-1113 Facsimile: 561-767-4414 Facsimile: 305-397-2772

s/Steven E. Wallace s/Jason A. Fischer Steven E. Wallace (Fla. Bar. 585661) Marc J. Randazza (Fla. Bar. 625566) [email protected] [email protected] Jason A. Fischer (Fla. Bar. 68762) [email protected]


(include dates) Pretrial Deadlines, Pretrial Conference and Trial Date

January 24, 2012 Joinder of parties and amendment of pleadings.

January 24, 2012 Parties shall furnish opposing counsel with a written list containing the names and addresses of all fact witnesses intended to be called at trial and only those witnesses listed shall be permitted to testify unless good cause is shown and there is no prejudice to opposing party. The parties are under a continuing obligation to supplement discovery responses within ten (10) days of receipt or other notice of new or revised information.

January 24, 2012 All fact discovery must be completed.

February 24, 2012 Plaintiff must furnish expert witness list to the Defendant, along with the summaries/reports required by Local Rule 16.1.K, and only those expert witnesses shall be permitted to testify. Within the fourteen-day period thereafter, Plaintiff shall make its experts available for deposition by Defendant.

February 24, 2012 All dispositive and other pretrial motions not explicitly excluded by S.D. Fla. L.R. 7.1.A.1, and accompanying memoranda of law must be filed. A minimum of seventeen (17) weeks is required for the Court to review dispositive motions prior to filing of the joint pretrial stipulation. If no dispositive motions will be filed, clearly note this fact in the Joint Scheduling Report.

March 26, 2012 Defendant must furnish expert witness list to the Plaintiff along with the summaries/reports required by Local Rule 16.1.K, and only those expert witnesses shall be permitted to testify. Within the fourteen day period thereafter, Defendant shall make its experts available for deposition by Plaintiff.

April 26, 2012 All expert discovery must be completed. If a Daubert or Markman hearing is necessary, the parties are to add that as an additional deadline at the bottom of Attachment A. All Daubert and Markman briefing shall be complete two (2) weeks prior to any scheduled hearing on the same.

November 28, 2011 Mediation must be completed. (The parties should select the earliest date to maximize resolution of the case in a manner that promotes client and judicial economy.)

May 28, 2012 (a) Joint pretrial stipulation must be filed pursuant to Local Rule 16.1.E. The pretrial stipulation shall include Plaintiff’s non-binding breakdown of damages with corresponding amounts; the witness lists shall be pared down to those witnesses the parties actually intend to call at trial; and the exhibit lists shall identify the

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witness introducing each exhibit. The parties shall meet at least one (1) month prior to the deadline for filing the pretrial stipulation to confer on the preparation of that stipulation. The Court will not accept unilateral pretrial stipulations, and will strike, sua sponte, any such submissions; and

(b) A joint statement outlining (1) the legal elements of Plaintiff’s claims, including damages, and (2) the legal elements of the defenses raised, either in the form of a proposed jury instruction (for jury cases) or proposed conclusions of law (for non-jury cases); and

(c) Joint Summary of Respective Motions in Limine must be filed. The Summary shall contain a cover page providing the style of the case and an index of the motions in limine. The Summary shall also include for each evidentiary issue: (i) a one (1) page motion identifying the evidence sought to be precluded at trial and citing legal authority supporting exclusion; and (ii) a one (1) page response to the motion providing a statement of the purpose for which the challenged evidence would be offered and citing legal authority in support of admission of the challenged evidence. The parties shall work together to prepare the Summary. Prior to submission of the Summary, the parties are encouraged to resolve evidentiary issues through stipulation.

May 28, 2012 Final proposed jury instructions or findings of fact and conclusions of law must be submitted. (A courtesy copy shall be submitted to chambers at [email protected], in Wordperfect format), each party’s list indicating each witness who will testify at trial, a one sentence synopsis of the testimony, and in consultation with opposing counsel, indicate the amount of time needed for direct and cross examination.

To be announced Pretrial conference. Usually 30 minutes are allotted for pretrial conference unless the parties or the Court, sua sponte, indicate a greater time is needed.

June 28, 2012 Trial Date.

Date of any other deadline the parties adopt as part of their case management plan

[Attachment A]

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11-Cv-60947 Docket 12 Joint Scheduling Report

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