Case Management Report

The following Case Management Report was filed for the lawsuit.

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

ORLANDO DIVISION

Chief Judge Patricia C. Fawsett and

Assigned Magistrate Judge

 

                                                                                   CASE No. 6:07-CV-495-Orl-19KRS

 

 

BOLESLAW TADEUSZ SZOCIK,

45 Englewood Road

London SW129PA, UK

 

                        Plaintiff,

 

vs.

 

THE SECURITY SERVICE OF THE

UNITED KINGDOM and

SEVEN UNKNOWN MEN,

 

                        Defendants.

________________________________/

 

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) as amended effective December 1, 2000)

 

 

May 28, 2007

 

Motions to Add Parties or to Amend Pleadings

 

September 28, 2007

 

 

Disclosure of Expert Reports                                      

 

 

Plaintiff: March 31, 2008

Defendant: April 30, 2008

 

Discovery Deadline

 

 

May 30, 2008

 

Dispositive Motions, Daubert, and Markman Motions 

 

 

June 30, 2008

 

Meeting In Person to Prepare Joint Final Pretrial Statement

 

July 31, 2008

 

Joint Final Pretrial Statement (Including a Single Set of             Jointly-Proposed Jury Instructions and Verdict Form (with diskette), Voir Dire Questions, Witness Lists, Exhibit Lists with Objections on Approved Form)

 

August 29, 2008

 

All Other Motions Including Motions In Limine, Trial Briefs

 

August 29, 2008

 

Final Pretrial Conference

 

 

September 30, 2008

 

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 1/2 months after dispositive motions deadline (unless filing of such motions is waived); district judge trial terms begin on the first business day of each month; trials before magistrate judges will be set on a date certain after consultation with the parties]

 

On or after

September 30, 2008

 

Estimated Length of Trial  [trial days]

 

 1-2 days

 

Jury / Non-Jury

 

Non-Jury

 

Mediation                                                                         Deadline:

                                                                                          Mediator: Address:

                                                                                                           

 

 

Telephone:

 

 

 

By

December 31, 2007

 

 

 

All Parties Consent to Proceed Before Magistrate Judge

 

 

Yes____           No  X_

 

Likely to Agree in          Future _____                

 

 

1.         Meeting of Parties:  Pursuant to Local Rule 3.05(c)(2)(B) and (c)(3)(A), a teleconference was held on, Monday, May 14 2007, at   10:00a.m. by telephone and was attended by:

            Name                                                              Counsel for (if applicable)

 

            Frederick S. Jaeger, Jr.                                Plaintiff, Boleslaw Tadeusz Szocik

 

            Christa C. Werder, Esq.                                Defendant, The Security Service of the

                                                                                    United Kingdom

           

           

2.               Initial Disclosures:

 

            a.         Fed.R.Civ.P. 26(a)(1) as amended December 1, 2000 provides that “[e]xcept in categories of proceedings specified in Rule 26(a)(1)(E), or to the extent otherwise stipulated or directed by order, a party must, without awaiting a discovery request, provide to other parties: (A) the name and, if known, the address and telephone number of each individual likely to have discoverable information that the disclosing party may use to support its claims or defenses, unless solely for impeachment, identifying the subjects of the information; (B) a copy of, or a description by category and location of, all documents, data compilations, and tangible things that are in the possession, custody, or control of the party and that the disclosing party may use to support its claims or defenses, unless solely for impeachment; (C) a computation of any category of damages claimed by the disclosing party, making available for inspection and copying as under Rule 34 the documents or other evidentiary material, not privileged or protected from disclosure, on which such computation is based, including materials bearing on the nature and extent of injuries suffered; and (D) for inspection and copying as under Rule 34 any insurance agreement under which any person carrying on an insurance business may be liable to satisfy part or all of a judgment which may be entered in the action or to indemnify or reimburse for payments made to satisfy the judgment.:  Fed.R.Civ.P. 26(a)(1).1

The parties (check one)

 

    X                 have exchanged information referenced by Fed.R.Civ.P. 26(a)(1)(A)-(D) or agree to exchange such information on or before   Monday, May 28, 2007.2

                        Stipulate to not disclose information referenced by Fed.R.Civ.P. 26(a)(1)(A)-(D) for the specific reason(s) that:

                                                                                                                                                                                                                                                                                                                       

                                                                                                                                                           

                        Have been unable to reach agreement on whether to disclose information referenced by Fed.R.Civ.P. 26(a)(1)(A)-(D).  (Identity party or parties)                                                                  objects to disclosure of such information for the specific reason(s) that:

                                                                                                                                                           

                                                                                                                                                           

                                                                                                                                                           

 

 

3.         Discovery Plan - Plaintiff:  The parties jointly propose the following Plaintiff’s discovery plan:

                        a.         Plaintiff’s Planned Discovery:  A description of every discovery effort Plaintiff plans to pursue is described below.  The description of each discovery effort will be listed under the appropriate heading below and will include the subject matter of the discovery and the time during which the discovery will be pursued:

                                    (1)       Requests for AdmissionPlaintiff’s discovery may include requests for admissions, all of which will be served so that the response due date will precede the discovery cut-off of May 30, 2008.

 

 

Number of Requests for Admission:  Parties may seek to limit the number of Plaintiff’s requests for admission in accordance with Fed.R.Civ.P. 26(b)(2).  Any such request must be made in paragraph 6 below and approved by the court.

                                    (2)       Written Interrogatories: Plaintiff’s discovery may include written interrogatories, all of which will be served so that the response due date will precede the discovery cut-off of May 30, 2008.

 

 

Number of Interrogatories:  Local Rule 3.03(a) provides “[u]nless otherwise permitted by the Court for cause shown, no party shall serve upon any other party, at one time or cumulatively, more than twenty-five (25) written interrogatories pursuant to Rule 33, Fed.R.Civ.P., including all parts and subparts.”  Any request by Plaintiff to exceed this limit must be made in paragraph 6 below and approved by the court.

                                    (3)       Requests for Production or Inspection: Plaintiff’s discovery may include requests for production, all of which will be served so that the response due date will precede the discovery cut-off of May 30, 2008.

 

 

                                    (4)       Oral Depositions:  Plaintiff will take oral depositions of witnesses which will conclude prior to the discovery cut-off of May 30, 2008.

 

 

Number of Depositions:  Local Rule 3.02(b) provides, “[i]n accordance with Fed.R.Civ.P. 30(a)(2)(A) and 31(a)(2)(A), no more than ten depositions per side may be taken in any case unless otherwise ordered by the Court.”  Any request by Plaintiff to exceed this limit must be made in paragraph 6 below and approved by the court.

 

Time Permitted for Each Deposition:  Each deposition is limited to one day of seven hours in accordance with Fed.R.Civ.P. 30(d)(2) unless extended by agreement of the parties or order of the Court.

 

The parties stipulate/request a court order to extend the time to take the deposition of the following individuals:

 

 

                        b.         Disclosure of Non-Expert Testimony:  Parties stipulate that they will disclose all non-expert witnesses by the date listed below (no later than sixty [60] days prior to pre-trial conference):     April 30, 2008.

                        c.         Disclosure of Expert Testimony:  Parties stipulate, in accordance with Fed.R.Civ.P. 26(a)(2)(C), that Plaintiff’s Fed.R.Civ.P. 26(a)(2) disclosure will be due as noted here:  _March 31, 2008.

                        d.         Completion of Discovery:  Plaintiff will commence all discovery in time for it to be completed on or before __May 30, 2008__________

4.         Discovery Plan – Defendant:  The parties jointly propose the following Defendant’s discovery plan:

                        a.         Defendant’s Planned Discovery:  A description of every discovery effort Defendant plans to pursue is described below.  The description of each discovery effort will be listed under the appropriate heading below and will include the subject matter of the discovery and the time during which the discovery will be pursued:

                                    (1)       Requests for AdmissionDefendant’s discovery may include requests for admissions, all of which will be served so that the response due date will precede the discovery cut-off of May 30, 2008.

 

                                                                       

Number of Requests for Admission:  Parties may seek to limit the number of Defendant’s requests for admission in accordance with Fed.R.Civ.P. 26(b)(2).  Any such request must be made in paragraph 6 below and approved by the court.

 

                              (2)       Written Interrogatories: Defendant’s discovery may include written interrogatories, all of which will be served so that the response due date will precede the discovery cut-off of May 30, 2008.

 

Number of Interrogatories:  Local Rule 3.03(a) provides “[u]nless otherwise permitted by the Court for cause shown, no party shall serve upon any other party, at one time or cumulatively, more than twenty-five (25) written interrogatories pursuant to Rule 33, Fed.R.Civ.P., including all parts and subparts.”  Any request by Defendant to exceed this limit must be made in paragraph 6 below and approved by the court.

                                    (3)       Requests for Production or InspectionDefendant’s discovery may include requests for production, all of which will be served so that the response due date will precede the discovery cut-off of May 30, 2008.

 

                       

                                    (4)       Oral DepositionsDefendant will take oral depositions of witnesses which will conclude prior to the discovery cut-off of May 30, 2008.

                       

Number of Depositions:  Local Rule 3.02(b) provides, “[i]n accordance with Fed.R.Civ.P. 30(a)(2)(A) and 31(a)(2)(A), no more than ten depositions per side may be taken in any case unless otherwise ordered by the Court.”  Any request by Defendant to exceed this limit must be made in paragraph 6 below and approved by the court.

 

Time Permitted for Each Deposition:  Each deposition is limited to one day of seven hours in accordance with Fed.R.Civ.P. (30)(d)(2) unless extended by agreement of the parties or order of the Court.

 

 

                        b.         Disclosure of Non-Expert Testimony:  Parties stipulate that they will disclose all non-expert witnesses by the date listed below (no later than sixty [60] days prior to pre-trial conference):   April 30, 2008.

 

                        c.         Disclosure of Expert Testimony:  Parties stipulate, in accordance with Fed.R.Civ.P. 26(a)(2)(C), that Defendant’s Fed.R.Civ.P. 26(a)(2) disclosure will be due as noted here:    April 30, 2008.

 

                        d.         Completion of Discovery:  Defendant will commence all discovery in time for it to be completed on or before      May 30, 2008.

 

           

 

5.         Third Party Claims, Joinder of Parties, Amendments to Pleadings, Potentially Dispositive Motions:  Parties agree that the final date for filing motions for leave to file third party claims, motions to join parties, motions for summary judgment, and all other potentially dispositive motions should be:    September 28, 2007

           

6.         Settlement and Alternative Dispute Resolution.  Pursuant to Local Rule 3.05(c)(2)(C)(v), the parties submit the following statement concerning their intent regarding Alternative Dispute Resolution:

 

Parties agree that settlement is

[X  ] likely                        (Check one)

[  ] unlikely

Parties agree to consent to binding arbitration pursuant to Local Rules 8.02(a)(3) and 8.05(b).                yes                   X         no                    likely to agree in future

 

If binding arbitration is not agreed to, the court may order nonbinding arbitration pursuant to Chapter Eight of the Local Rules of the Middle District of Florida, mediation pursuant to Chapter Nine of the Local Rules of the Middle District of Florida, or both.

 

            7.         Consent to Magistrate Judge Jurisdiction:  The parties agree to consent to the jurisdiction of the United States Magistrate Judge for final disposition, including trial.  See 28. U.S.C. § 636.

 

            yes                               X         no                                likely to agree in future

 

 

 

8.         Preliminary Pretrial Conference:

 

Track Three Cases:  Local Rule 3.05(c)(3)(B) provides that preliminary pretrial conferences are mandatory in Track Three Cases.

Track Two Cases:  Parties

                         request           (check one)

            X         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: 

 

 

9.         Final Pretrial Conference and Trial:  Parties agree that they will be ready for a final pretrial conference on or after      August 29, 2008and for trial on or after       September 30, 2008.  This Jury                     Non-Jury       X          trial is expected to take approximately  1-2 days.

 

 

                                                                                    Date: _____________________________ 

 

                                                                                    Signature of Counsel (with information

                                                                                    Required by Local Rule 1.05(d) and

                                                                                    Signature of Unrepresented Parties

 

 

________________________________                    ___________________________________ 

Frederick S. Jaeger                                                     Christa C. Werder                             

Florida Bar No. 0219282                                            Florida Bar No. 0076627       

GREG KIMBALL, ATTORNEY, P.A.                       BAKER & HOSTETLER LLP          

4475 U.S. 1 South, Suite 100                                     2300 Sun Trust Center                      

St. Augustine, Florida 32086                                     200 South Orange Avenue                            

Telephone:  (904) 797-7770                                       Post Office Box 112  

Facsimile:   (904) 797-7454                                       Orlando, Florida  32802-0112                       

E-mail:  fjaegerjr@bellsouth.net                               Telephone:  (407) 649‑4000  

                                                                                    Facsimile:  (407) 841-0168                                                                                                                E-mail:  cwerder@bakerlaw.com

 

ATTORNEYS FOR PLAINTIFF                                ATTORNEYS FOR DEFENDANT,

BOLESLAW TADEUSZ SZOCIK                             THE SECURITY SERVICE OF THE

                                                                                    UNITED KINGDOM                                                                                                                                                                         

 

89805, 00001, 501370429.1, UK Case Management Report



1 A party must make its initial disclosures based on the information then reasonably available to it and is not excused from making its disclosures because it has not fully completed its investigation of the case or because it challenges the sufficiency of another party’s disclosures or because another party has not made its disclosures.  See Fed.R.Civ.P. 26(a)(1).

 

2 Information referenced by Fed.R.Civ.P. 26(a)(1)(A)-(D) must be made “at or within 14 days of the Rule 26(f) conference unless a different time is set by stipulation or court order, or unless a party objects during the conference that initial disclosures are not appropriate in the circumstances of the action and states the objection in the Rule 26(f) discovery plan.”  Fed.R.Civ.P. 26(a)(1).  Any party first served or otherwise joined after the Rule 26(f) conference must make these disclosures within 30 days after being served or joined unless a different time is set by stipulation or court order.  See Fed.R.Civ.P. 26(a)(1)

As you can see, a Federal lawsuit takes a long time to complete.

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