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`CustomPlay
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`Exhibit 2014
`Exhibit 2014
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`Case 9:17-cv-80884-KAM Document 31 Entered on FLSD Docket 10/12/2017 Page 1 of 5
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF FLORIDA
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`CASE NO. 17-80884-CIV-MARRA/MATTHEWMAN
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`CUSTOMPLAY, LLC,
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`
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`Plaintiff,
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`vs.
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`AMAZON, INC.,
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`Defendant.
`____________________________________/
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`SCHEDULING ORDER SETTING TRIAL DATE & DISCOVERY DEADLINES,
`REFERRING CASE TO MEDIATION & REFERRING DISCOVERY MOTIONS TO
`UNITED STATES MAGISTRATE JUDGE
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`THIS CAUSE is before the Court upon receipt of the parties’ joint scheduling report.
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`It is thereupon, ORDERED AND ADJUDGED as follows:
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`Trial Date & Location
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`1. This case is set for trial on the two-week calendar commencing Monday, March 4, 2019
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`at 9:00 a.m. Counsel for all parties shall appear at a calendar call commencing Friday, March 1,
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`2019 at 10:00 a.m. Unless instructed otherwise by subsequent order, the trial and all other
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`proceedings in this case shall be conducted at the U.S. Courthouse, 701 Clematis Street, Courtroom
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`4, Third Floor, West Palm Beach, Florida.
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`Motion Practice
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`2. Every motion filed in this case must comply with Local Rule 7.1(a)(3) if applicable (pre-
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`filing conference and certification) and be accompanied by a proposed order granting the motion,
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`except motions to dismiss and motions for summary judgment. Proposed orders shall be e-mailed
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`in Word or Wordperfect format to chambers at marra@flsd.uscourts.gov. The case number
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`Case 9:17-cv-80884-KAM Document 31 Entered on FLSD Docket 10/12/2017 Page 2 of 5
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`along with the words, "proposed order," should be in the subject heading.
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`Pretrial Schedule
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`3. Pretrial discovery will be conducted in accordance with Local Rules 16.1 and 26.1 and
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`the Federal Rules of Civil Procedure. No pretrial conference shall be held in this action, unless the
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`Court determines, either sua sponte or upon motion and order, that a pretrial conference is
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`necessary. In setting the following deadlines, the Court has considered the parties’ suggested
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`discovery schedule. Dates and other agreements between the parties not otherwise addressed herein
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`shall be considered part of this Order. To the extent this Order conflicts with the Local Rules, this
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`Order supercedes the Local Rules.
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`Amend Pleadings/Add Parties
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`– February 15, 2018
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`Discovery Cutoff
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`– September 17, 2018
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`Substantive Pretrial Motions
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`– October 1, 2018
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`Mediation Cutoff
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`– 60 days before calendar call
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`Mandatory Pretrial Stipulation
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`– Fifteen days before calendar call
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`Motions in Limine
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`– Fifteen days before calendar call
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`Responses to Motions in Limine
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`– Ten days before calendar call
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`Jury Instructions
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`– Five days before calendar call
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`Proposed Findings & Conclusions
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`– Five days before calendar call
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`Voir Dire Questions
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`Exhibit List for Court
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`Witness List for Court
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`– Calendar call
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`– First day of Trial (2 copies)
`(impeachment excepted)
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`– First day of Trial (2 copies)
`(impeachment excepted)
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`2
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`Case 9:17-cv-80884-KAM Document 31 Entered on FLSD Docket 10/12/2017 Page 3 of 5
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`Mandatory Pretrial Stipulation
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`4. Counsel must meet at least one month prior to the beginning of the trial period to confer
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`on the preparation of a Pretrial Stipulation in accordance with Local Rule 16.1E.
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`A Pretrial Stipulation lacking substance will not be accepted. Any party causing a unilateral
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`pretrial stipulation to be filed will be required to show cause why sanctions should not be imposed
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`against that party. Each attorney and each self-represented party is charged with the duty of
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`complying with this Order. A motion for continuance shall not stay the requirement for the filing of
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`the Pretrial Stipulation and, unless an emergency situation arises, or good cause is shown, a motion
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`for continuance will not be considered unless it is filed at least twenty (20) days prior to the calendar
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`call. Failure to comply with the time schedule may result in dismissal or other sanctions.
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`Consent Jurisdiction
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`5. In light of the benefits offered by a trial before a magistrate judge, e.g., trial on a date
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`certain as opposed to placement on a trial calendar, the parties are urged to consider this option.
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`Therefore, within twenty (20) days of the entry of this order each attorney is ordered to meet with
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`his or her client and discuss this option. Plaintiff’s counsel shall monitor this process. If there is
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`not unanimity in favor of magistrate jurisdiction, plaintiff’s counsel need do nothing further. If,
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`however, there is unanimity in favor of magistrate jurisdiction, plaintiff’s counsel shall execute the
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`form (which can be retrieved from www.flsd.uscourts.gov) entitled “Notice of Right to Consent to
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`Disposition of a Civil Case by a United States Magistrate Judge,” and forward the original, executed
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`form to defendants’ counsel. After completion by all defendants or their counsel, the original form
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`should be forwarded to the Clerk of the Court, West Palm Beach Division.
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`6. Pursuant to Federal Rule of Civil Procedure 16 and Local Rule 16.2, this case is referred
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`Mediation
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`3
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`Case 9:17-cv-80884-KAM Document 31 Entered on FLSD Docket 10/12/2017 Page 4 of 5
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`to mediation, to the extent not excluded by Local Rule 16.2.C, as follows:
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`a. The mediation shall be completed sixty (60) days prior to the scheduled calendar
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`call;
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`b. The parties shall, within sixty (60) days hereof, agree upon a mediator and advise
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`the Clerk’s office of their choice, failing which the Clerk will designate a mediator from the list of
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`certified mediators on a blind random basis;
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`c. Plaintiff’s counsel shall be responsible for coordinating the mediation conference
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`date and location agreeable to the mediator and all counsel of record;
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`d. Within five (5) days following the mediation conference, the mediator shall file a
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`Mediation Report indicating who attended the mediation and the result thereof.
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`Discovery Referred to Magistrate Judge
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`7. In accordance with 28 U.S.C. § 636 and the Magistrate Rules of the Local Rules of the
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`Southern District of Florida, the above-captioned cause is referred to United States Magistrate Judge
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`William Matthewman for appropriate disposition of all pretrial discovery motions, and all motions
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`that relate directly to these motions, such as motions for extension of time, motions for
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`reconsideration, motions for sanctions, and motions for mental or physical examinations. This Order
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`does not refer any motion which requests a continuance or extension of the trial or pretrial
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`scheduling dates.
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`Exhibits
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`8. Exhibits must be pre-marked and exchanged prior to execution of the Pretrial Stipulation.
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`Each exhibit should be marked with a sticker identifying the case number, exhibit number, and
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`party offering the exhibit.
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`4
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`Case 9:17-cv-80884-KAM Document 31 Entered on FLSD Docket 10/12/2017 Page 5 of 5
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`Jury Instructions and Proposed Findings of Fact and Conclusions of Law
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`9. In cases tried before a jury, each party shall file joint, stipulated proposed jury
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`instructions and a joint, stipulated proposed verdict form and e-mail in Word or Wordperfect
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`format to marra@flsd.uscourts.gov . All requested instructions shall be typed on a separate page,
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`double spaced and except for Eleventh Circuit Pattern instructions, must be supported by citations
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`of authority. Any objections to the proposed instructions shall be stated clearly and concisely and
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`also shall be supported by citations of authority.
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`In cases tried before the Court, each party shall file proposed Findings of Fact &
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`Conclusions of Law and e-mail a copy to the above address in Word or Wordperfect format.
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`Proposed Findings of Fact must be supported by record and/or exhibit cites and all proposed
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`Conclusions of Law must be supported by citations of authority.
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`Settlement
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`10. If a case is settled, counsel are directed to inform the Court promptly at (561) 514-3760
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`and to submit an appropriate Stipulation for Order of Dismissal, pursuant to Fed. R. Civ. P.
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`41(a)(1). Such an Order must be filed within ten (10) days of notification to the Court, or prior to
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`the Calendar Call, whichever occurs first. Cases are not removed from the trial calendar unless a
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`stipulation for dismissal is filed with the Court.
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`DONE AND ORDERED in Chambers at West Palm Beach, Florida, this 11 day of
`th
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`October, 2017.
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`______________________________________
`KENNETH A. MARRA
`United States District Judge
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`Copies furnished to:
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`Magistrate Judge William Matthewman
`All counsel of record
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`5
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