Case 9:10-cv-80062-KAM Document 22-1 Entered on FLSD Docket 04/06/2010 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT

IN AND FOR THE SOUTHERN DISTRICT OF FLORIDA

CASE NO.: 10-80062-CV-MARRA/JOHNSON

SOUTH FLORIDA TEA PARTY, INC.,

A Florida non-profit corporation, et al.,

Plaintiffs,

vs.

TEA PARTY, et al.

Defendants.
_____________________________________/

PROPOSED JOINT SCHEDULING REPORT

In accordance with the Initial Scheduling Order of the Court, the parties provide the
following information:
1. The following persons participated in a Rule 26(f) planning conference on April
____, 2010, by email exchange:
(a) Frank Herrera, Counsel for Plaintiffs.
(b) Frederic O’Neal.
(c ) Nicholas Egoroff.
(d) Douglas Guetzloe.

2. Initial Disclosures. The parties will exchange the information required by Fed. R.
Civ. P. 26(a)(1) on or before April 30, 2010.
3. Discovery Plan. The parties jointly propose to the Court the following discovery
plan:
(a) Discovery will be needed on the following subjects: (1) all information
relevant to the issues raised in the pleadings herein; (2) who is funding
Plantiffs’ lawsuit and why; (3) communications between Everett Wilkinson
and Robin Steublen regarding whether there existed a dispute over use of
the name “Tea Party” between Plaintiffs and Defendants at the time

1
Case 9:10-cv-80062-KAM Document 22-1 Entered on FLSD Docket 04/06/2010 Page 2 of 4

Plaintiffs filed their Amended Complaint; (4) whether the Amended

Complaint was presented for any improper purpose, such as to harass
Defendants or to manufacture a non-existent controversy for the purpose of
driving a wedge between Defendants and other Tea Party groups.
(b) All discovery commenced in time to be completed by July 15, 2010.
(c) Interrogatories are to be governed by the applicable Federal Rules of Civil
Procedure and Local Rules of this Court.
(d) Requests for admissions are to be governed by the applicable Federal Rules
of Civil Procedure and Local Rules of this Court.
(e) There is a limit of ten (10) depositions for Plaintiffs and ten (10)
depositions for Defendants, collectively.
(f) Each deposition in this case shall be no longer than one business day (8
hours), or otherwise in conformity with the Federal Rules of Civil
Procedure.
(g) Reports from retained experts under Rule 26(a)(2) are due:
(1) From Plaintiffs by May 15, 2010.
(2) From Defendants by June 20, 2010.
(h) Supplements are due within a reasonable time after discovering the need
to supplement.
(i) The parties will propose and request entry of a Stipulated Protective Order
in order to protect issues of privileged material or other sensitive material.
4. Other Items.
(a) The parties do not request a conference with the Court before entry of the
Scheduling Order.
(b) The parties request a Pretrial Conference on or after September 27, 2010.
(c)-(d) Joinder of additional parties and amendments of pleadings shall be allowed
as governed by the Federal Rules of Civil Procedure or the Local Rules of
this Court.
(e) All potentially dispositive motions should be filed 20 days after the close of
discovery.

2
Case 9:10-cv-80062-KAM Document 22-1 Entered on FLSD Docket 04/06/2010 Page 3 of 4

(f) Upon completion of discovery, the parties will confer to discuss settlement
as to the issue of damages before the scheduled mediation.
(g) Mediation shall be held within 28 days after the close of discovery.
(h) Final list of witnesses and exhibits under Rule 26(a)(3) should be due in
accordance with the trial scheduling order from this Court.
(i) Parties should have one week after service of final list of witnesses and
exhibits to list objections under Rule 26(a)(3).
(j) This case should be ready for trial on September 27, 2010; the trial is
anticipated to take approximately three (3) days
(k) The parties have conferred regarding their willingness to consent to
magistrate judge jurisdiction.
(l) Nature and Basis of Claims and Defenses.
(i) Plaintiffs assert that they have an unqualified right to use the phrase
“TEA PARTY” or similar terms and phrases in connection with their
activities and should not be required to request permission from any of the
Defendants prior to such use.
(ii) Defendants filed a Motion to Dismiss the Amended Complaint,
wherein Defendants claim there is no actual controversy between Plaintiffs
and Defendants over the use of the name “Tea Party” in Plaintiffs’
organizational names.
(m) Factual and Legal Issues in Dispute:
Whether Plaintiffs must obtain prior approval from the Defendants in order
to use the phrase “TEA PARTY”, or similar terms and phrases. If the
statutes relied upon by the Defendants are legitimate or whether they are
preempted by the Lanham Act, or otherwise inconsistent with trademark
doctrine.
(n) Following discovery, there is the potential that the parties may agree on
settlement. Mediation will take place within the time limits prescribed
above.
(o) All timetables and cutoffs, as set forth herein, are approved by the parties.

3
Case 9:10-cv-80062-KAM Document 22-1 Entered on FLSD Docket 04/06/2010 Page 4 of 4

(p) Discovery of Electronic/Computer-Based Media. Plaintiffs will likely

request information regarding Defendants email correspondences with any
person or entity that uses or has used “TEA PARTY”. Also, Plaintiffs may
seek electronic information relating to Defendants’ websites.
(i) The discovery sought will likely be data that is reasonably available
to the parties in the ordinary course of business.
(ii) If the data sought to be discovered is not reasonably available to the
parties in the ordinary course of business, Plaintiffs and Defendants will
agree how and by whom the costs will be covered.
(q) Trial. In good faith, the parties will be ready for trial in September 2010.

The parties respectfully request that the above-referenced timetables and cut-off dates be
approved.
Dated this _6th_day of April, 2010.

Respectfully submitted,

/s/ Frank Herrera

Frank Herrera [FBN 494801]
QUINTAIROS, PRIETO, WOOD
& BOYER
9300 S. Dadeland Blvd.
Fourth Floor
Miami, Florida 33156
Telephone: 305-670-1101
Facsimile: 305-670-1161
Fherrera@qpwblaw.com
ATTORNEY FOR PLAINTIFFS

/s/ FREDERICK O’NEAL

Frederick B. O’Neal [FBN 252611]
O’NEAL LAW
P.O. Box 842
Windermere, Florida 34786
Tel.: (407) 719-6796
Fax.: (407) 292-5368
Fredonealatlaw@aol.com