Case 1:22-cv-22706-RNS Document 8 Entered on FLSD Docket 08/30/2022 Page 1 of 4
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`United States District Court
`for the
`Southern District of Florida
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`Civil Action No. 22-22706-Civ-Scola
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`Bell Northern Research, LLC,
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`Plaintiff,
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`v.
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`HMD America, Inc., and others,
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`Defendants.
`Order Requiring Discovery and Scheduling Conference and
`Order Referring Discovery Matters to the Magistrate Judge
`This matter is before the Court upon an independent review of the record.
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`It is ordered and adjudged as follows:
`1. The Plaintiff must forward a copy of this Order to every Defendant
`immediately upon the filing of a response to the complaint by a Defendant in this
`case. If a Defendant has removed this action from state court, the removing
`Defendant must immediately forward a copy of this Order to every party who has
`made an appearance in the state court action. Any party with a pending motion
`in the state-court action must separately refile the motion in this Court or the
`Court will not consider the motion.
`2. Within 21 days of the filing of a response to the complaint by a Defendant
`in this matter, the parties must meet and confer regarding discovery and
`scheduling issues, as set out in Federal Rule of Civil Procedure 26(f) and Local
`Rule 16.1(b). If this case was removed from state court, the parties’ discovery
`and scheduling conference must occur within 21 days of this Order.
`3. Within 14 days of the parties’ discovery-and-scheduling conference, the
`parties must file a joint-discovery-plan-and-conference report, as set forth in
`Federal Rule of Civil Procedure 26(f)(3) and Local Rule 16.1(b)(2).
`4. The parties are ordered to disregard the requirements of Local Rule
`16.1 and Federal Rule of Civil Procedure 26(f)(3)(B) regarding any proposed
`deadlines or dates certain. Instead, the parties are to direct their attention to
`the scheduling timelines set forth in Attachments “A” and “B” to this Order. The
`schedule set forth in Attachment “A” will be used if the parties believe the case is
`straight-forward and may benefit from an expedited scheduling track. In most
`other cases, the standard scheduling track in Attachment “B” will be used. The
`parties are therefore directed to advise the Court whether they would prefer to be
`assigned to the expedited (Attachment “A”) or to the standard (Attachment “B”)
`track. If the parties believe that they have good reason to depart from either of
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`Case 1:22-cv-22706-RNS Document 8 Entered on FLSD Docket 08/30/2022 Page 2 of 4
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`these two tracks, or if the parties believe that this case is uniquely complex and
`requires significantly more time (as described in Local Rule 16.1(2)(C)), the
`parties must set out the reasons justifying a more protracted schedule along
`with a proposed schedule. Any such proposed schedule must be submitted in
`substantially the same format as the schedules presented in the Attachments to
`this Order with all proposed date or event deviations italicized. Regardless of any
`proposed changes, the dispositive motions deadline must be set no later than
`four months before the commencement of the proposed trial period and no
`sooner than two weeks after the close of all fact discovery. Any failure to
`comply with the directions in this paragraph may result in the Court
`unilaterally setting the deadlines itself.
`5. General Motion Practice Before the District Judge. Where there are
`multiple Plaintiffs or Defendants, the parties must file joint motions* and
`consolidated responses and replies unless there are clear conflicts of position.
`If conflicts of position exist, the parties must explain the conflicts in their
`separate filings.
`6. Magistrate Judge Referral. By virtue of 28 U.S.C. § 636 and the Magistrate
`Rules of the Local Rules of the Southern District of Florida, the Court refers all
`discovery matters in this case to United States Magistrate Judge Jonathan
`Goodman to take all necessary and proper action as required by law.
`7. Settlement Conference Before Magistrate Judge. The parties may, at any
`time, file a motion requesting a settlement conference before Judge Goodman.
`The Court encourages the parties to consider a confidential settlement
`conference with Judge Goodman, especially if the parties believe there is a
`meaningful chance of reaching an early, amicable resolution of their dispute.
`8. Discovery Motion Procedures. Judge Goodman will enter a separate order
`regarding his discovery procedures.
`Done and ordered in Miami, Florida, on August 26, 2022.
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`* If multiple Defendants have been served on different days, their deadlines to respond to the
`complaint will likely differ. Therefore, in order to file a joint motion to dismiss the complaint, for
`example, one or more Defendants may need an extension of time to respond to the complaint. To
`that end, those Defendants must confer with opposing counsel, as required by the Local Rules,
`and then seek relief from the Court regarding an appropriate extension. So long as the disparate
`service dates do not result in extensions that will unduly delay the proceedings, the Court will
`accommodate any request that facilitates the joint filing. If any Defendant has not yet been
`served by the time a responsive pleading is due, the parties must advise the Court as to whether
`further extensions may be warranted.
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`________________________________
`Robert N. Scola, Jr.
`United States District Judge
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`Case 1:22-cv-22706-RNS Document 8 Entered on FLSD Docket 08/30/2022 Page 3 of 4
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`Attachment “A”: Example Scheduling Timeline for Expedited Track Cases
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`weeks after
`entry of the
`scheduling
`order
`4 weeks
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`9 weeks
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`14 weeks
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`
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`Deadline to join additional parties or to amend pleadings.
`
`Deadline to file joint interim status report.
`Deadline to file Proposed Order Scheduling Mediation, setting forth
`the name of the mediator, and the date, time, and location of the
`mediation, consistent with the Order of Referral to Mediation (which
`immediately follows this scheduling order).
`
`Deadline to complete all fact discovery.
`Deadline to submit joint notice indicating whether the parties consent
`to jurisdiction before the designated magistrate judge for purposes of
`final disposition.
`Deadline to exchange expert witness summaries/reports pursuant to
`Federal Rule of Civil Procedure 26(a)(2). Rebuttal disclosures are
`permitted and must conform to the deadline set forth in Federal Rule
`of Civil Procedure 26(a)(2)(D)(ii).
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`16 weeks
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`Deadline for the filing of all dispositive motions.
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`18 weeks
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`Deadline to complete mediation, consistent with the Order of Referral
`to Mediation (which immediately follows this scheduling order).
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`21 weeks
`8 weeks
`BEFORE
`calendar call
`4 weeks
`BEFORE the
`trial date
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`Deadline to complete all expert discovery.
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`Deadline for the filing of pretrial motions, including motions in limine
`and Daubert motions.
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`Deadline to file joint pretrial stipulation pursuant to Local Rule 16.1(e)
`and pretrial disclosures pursuant to Federal Rule of Civil Procedure
`26(a)(3).
`
`2 weeks
`Deadline to file proposed jury instructions (if the matter is set for a
`BEFORE the
`jury trial) or proposed findings of fact and conclusions of law (if the
`trial date
`matter is set for a bench trial) pursuant to Local Rule 16.1(k).
`33 weeks
`(approximate) Two-week trial period commences (calendar call will be scheduled on
`the Tuesday before the trial period)
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`Case 1:22-cv-22706-RNS Document 8 Entered on FLSD Docket 08/30/2022 Page 4 of 4
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`Attachment “B”: Example Scheduling Timeline for Standard Track Cases
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`weeks after
`entry of the
`scheduling
`order
`5 weeks
`
`
`
`Deadline to join additional parties or to amend pleadings.
`
`14 weeks
`
`Deadline to file joint interim status report.
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`25 weeks
`
`Deadline to file Proposed Order Scheduling Mediation, setting
`forth the name of the mediator, and the date, time, and location
`of the mediation, consistent with the Order of Referral to
`Mediation (which immediately follows this scheduling order).
`
`31 weeks
`
`Deadline to complete all fact discovery.
`Deadline to submit joint notice indicating whether the parties
`consent to jurisdiction before the designated magistrate judge for
`purposes of final disposition.
`Deadline to exchange expert witness summaries/reports
`pursuant to Federal Rule of Civil Procedure 26(a)(2). Rebuttal
`disclosures are permitted and must conform to the deadline set
`forth in Federal Rule of Civil Procedure 26(a)(2)(D)(ii).
`
`33 weeks
`
`Deadline for the filing of all dispositive motions.
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`35 weeks
`
`40 weeks
`8 weeks
`BEFORE
`calendar call
`4 weeks
`BEFORE the
`trial date
`
`Deadline to complete mediation, consistent with the Order of
`Referral to Mediation (which immediately follows this scheduling
`order).
`
`Deadline to complete all expert discovery.
`
`Deadline for the filing of pretrial motions, including motions in
`limine and Daubert motions.
`
`Deadline to file joint pretrial stipulation pursuant to Local Rule
`16.1(e) and pretrial disclosures pursuant to Federal Rule of Civil
`Procedure 26(a)(3).
`
`2 weeks
`Deadline to file proposed jury instructions (if the matter is set for
`BEFORE the
`a jury trial) or proposed findings of fact and conclusions of law (if
`trial date
`the matter is set for a bench trial) pursuant to Local Rule 16.1(k).
`49 weeks
`(approximate) Two-week trial period commences (calendar call will be scheduled
`on the Tuesday before the trial period)
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