JOINT SCHEDULING REPORT AND DISCOVERY PLAN

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

FORT LAUDERDALE DIVISION

 

BOYD JOHNSON,

 

Plaintiff,

 

v.

                                                                                           Case No.:  0:22-cv-60884-KMM

PUBLIX SUPER MARKETS, INC.,

IRBY, MARK R., PHILLIPS, DAVID P.

METZ, MERRIANN M., JONES, SR.,

RANDALL T.,

 

            Defendants.

______________________________________/

 

JOINT SCHEDULING REPORT AND DISCOVERY PLAN

 

Plaintiff, BOYD JOHNSON (“Plaintiff”), and Defendant, PUBLIX SUPER MARKETS, INC., (“Defendant”), by and through undersigned counsel and pursuant to Fed. R. Civ. P. 26(f), S.D. Fla. L.R. 16.1, hereby file their Joint Scheduling Report and Discovery Plan and state as follows:

  1. Local Rule 16.1(b)(2) Requirements
  2. The likelihood of settlement

At this point, settlement appears unlikely, but the parties will continue to explore the possibility of settlement as discovery proceeds.

  1. The likelihood of appearance in the action of additional parties

It is unlikely that additional parties will appear in this action.

  1. Time limits

The parties shall adhere to the following schedule:

  1. Joinder of any additional parties and filing of motion to amend the pleadings by June 15, 2022.
  2. Parties shall select a mediator pursuant to Local Rule 16.2 and shall schedule a time, date, and place for mediation by July 31, 2022.
  3. Plaintiffs shall disclose experts, expert witness summaries, and reports as required by Fed. R. Civ. P. 26(a)(2) by November 30, 2022.
  4. Defendant(s) shall disclose experts, expert witness summaries, and reports as required by Fed. R. Civ. P. 26(a)(2) by November 30, 2022.
  5. Exchange of rebuttal expert witness summaries and reports as required by Fed. R. Civ. P. 26(a)(2) by December 15, 2022.
  6. Written lists containing the names and addresses of all fact witnesses intended to be called at trial by November 30, 2022.
  7. Fact discovery shall be completed by December 31, 2022.
  8. Expert discovery shall be completed by December 31, 2022.
  9. Mediation shall be completed by December 31, 2022.
  10. Dispositive motions, including summary judgment and Daubert, shall be filed by January 31, 2023.
  11. Deposition designations and counter designations shall be filed by May 31, 2023.

The parties shall meet and confer prior to submitting the deposition designations and counter-designations in a good faith effort to resolve objections. Failure to comply with the deadline and the meet and confer may result in objections being stricken or other appropriate sanctions.

  1. All pretrial motions and memoranda of law, including motions in limine, shall be filed by May 31, 2023.

Prior to filing any motions in limine, the parties shall meet and confer in a good faith effort to resolve any issues. If a party has multiple motions in limine, they shall be filed as a single omnibus motion. All motions in limine and the responses shall be limited to one page per issue. No replies shall be permitted.

  1. Joint pretrial stipulation, proposed joint jury instructions, proposed joint verdict form, and/or proposed findings of fact and conclusions of law shall be filed by June 15, 2023.

When the parties cannot agree on specific jury instructions, the submitted instructions shall clearly indicate which party has proposed the specific instruction.

  1. Proposals for the formulation and simplification of issues, including the elimination of frivolous claims or defenses, and the number and timing of motions for summary judgment or partial summary judgment.

The parties have begun to discuss the simplification of issues and will continue to engage in such discussions in good faith.

  1. The necessity or desirability of amendments to the pleadings

At the present time, the parties do not foresee the need to amend the pleadings. The parties will continue to assess the need to amend the pleadings as litigation proceeds.

  1. The possibility of obtaining admissions of fact and of documents, electronically stored information or things which will avoid unnecessary proof, stipulations  regarding authenticity of documents, electronically stored information or  things, and the need for advance rulings from the court on admissibility of evidence.

Unknown at this time. The parties will continue to discuss the possibility of entering into factual stipulations and stipulations concerning the admissibility of documents. With respect to electronically stored information, the parties agree that if any information or documents protected from disclosure by the attorney-client privilege, the work product doctrine, or any other applicable privilege, is/are inadvertently disclosed, then the party receiving such information or documents shall immediately return such inadvertently disclosed information or documents (including originals and all copies) to the producing party, and the inadvertently disclosed information or documents shall not be admissible as evidence at any stage of this litigation, including appeals.

The parties agree that the producing party shall have the option of producing relevant and responsive electronically stored information in either hard-copy format or in PDF format.

  1. Suggestions for the avoidance of unnecessary proof and of cumulative evidence

None at this time. The parties will continue to discuss means of avoiding the presentation of unnecessary proof and cumulative evidence.

  1. Suggestions on the advisability of referring matters to a magistrate judge or master.

Pursuant to 28 U.S.C. § 636(b)(1) and Rule 1 of the Magistrate Rules of the Southern District of Florida, the parties agree to the referral to the assigned Magistrate Judge of all motions for attorney’s fees, costs, and sanctions, plus all non-dispositive pretrial motions.

  1. A preliminary estimate of the time required for trial.

The parties estimate that this case will require 3 to 5 days for trial.

  1. Requested date or dates for conferences before trial, a final pre-trial conference, and trial.

Final Pretrial Conference:  July 1, 2023

Trial:  July 15, 2023

  1. Any other information that might be helpful to the court in setting the case for status or pre-trial conference.

None at this time.

  1. Federal Rule 26(f) Requirements
  2. Whether changes should be made in the timing, form, or requirement for disclosures under Rule 26(a), including a statement of when initial disclosures were made or will be made.

The parties will exchange initial disclosures by no later than June 30, 2022, and those disclosures will take the form and substance set forth in Fed. R. Civ. P. 26(a)(1)(A).

  1. The subjects on which discovery may be needed, when discovery should be completed, and whether discovery should be conducted in phases or be limited to or focused on particular issues.

The parties intend to conduct discovery on the following issues:

  • The factual allegations contained in Plaintiff’s Complaint;
  • Defendant’s affirmative and other defenses;
  • Whether Plaintiff sustained any damages as a result of Defendant’s alleged unlawful conduct (and if so, the extent/amount of those damages);

At this time, the parties do not foresee the need to conduct discovery in phases.

  1. Any issues about disclosure or discovery of electronically stored information, including the form or forms in which it should be produced.

The parties will exercise reasonable diligence in securing and preserving electronically stored information that may be relevant to the claims and/or defenses in this matter. In response to a discovery request, the producing party shall have the option of producing relevant and responsive electronically stored information in either hard-copy format or in PDF format.

The parties do intend for electronically stored information to be exchanged, in the form of CCTV video footage and/or screenshots.

  1. Any issues about claims of privilege or of protection as trial-preparation materials, including – if the parties agree on a procedure to assert these claims after production – whether to ask the court to include their agreement in an order

The parties anticipate this case will involve discovery of confidential business records. The parties will endeavor to agree on a method of protecting the confidential business records. To the extent necessary, the parties agree to enter into and be bound by a confidentiality order.

  1. What changes should be made in the limitations on discovery imposed under these rules or by local rule, and what other limitations should be imposed

None at this time.

  1. Any other orders that the Court should issue under Rule 26(c) or under Rule 16(b) and (c)

None at this time.

            Dated: June 28, 2022.

/s/ Boyd Johnson                              

Boyd Johnson

T: 305.781.7431

boyd5307@gmail.com

 

Plaintiff, Pro Se

 Respectfully submitted,

 

/s/ John C. Getty                               

Jennifer Monrose Moore; FBN: 35602

John C. Getty; FBN: 1013911

OGLETREE, DEAKINS, NASH,

SMOAK & STEWART, P.C.

100 North Tampa Street, Suite 3600

Tampa, FL  33602

T: 813.289.1247; F: 813.289.6530

jennifer.moore@ogletree.com

john.getty@ogletree.com

 

Attorneys for Defendant Publix Super Markets, Inc.

 

 

 

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on June 28, 2022, the foregoing was filed with the Court using the CM/ECF System. I FURTHER CERTIFY I served a true and correct copy of the foregoing document by e-mail to:

Boyd Johnson

Email: boyd5307@gmail.com[1]

 

Plaintiff, Pro Se

 

                                                                              /s/ John C. Getty                         

Attorney

 

[1] Plaintiff, Pro Se refuses to provide Defendant with a mailing address, and indicates that his only contact is e-mail.  He confirmed that he is receiving the e-mails from us.