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
- 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 Admission: Plaintiff’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 Admission: Defendant’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 Inspection: Defendant’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: Defendant 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, 2008, and 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