Case 0:11-cv-60947-PAS Document 12

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 0:11-cv-60947 IO GROUP, INC., Plaintiff, v. ANTONIO ALMEIDA, Defendant. / JOINT SCHEDULING REPORT AND JOINT PROPOSED SCHEDULING ORDER Plaintiff, IO GROUP, INC., and Defendant, ANTONIO ALMEIDA, by and through their undersigned attorneys, pursuant to Federal Rules of Civil Procedure 26(f) and Local Rule 16(b), file their Joint Scheduling Report and Joint Proposed Scheduling Order addressing discovery and other pretrial issues. I. REPORT OF THE PARTIES CONFERENCE PURSUANT TO LOCAL RULE 16.1(B)(2) a. Likelihood of Settlement: The parties agree that settlement of this case is likely once a sufficient amount of discovery has been completed. b. Likelihood of Appearance of Additional Parties: The parties acknowledge a need to join any additional parties to this case. Plaintiff may add responsible parties revealed through discovery as defendants. Additionally, Defendant anticipates potentially filing one or more third-party actions.

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c. Proposed Time Limits to: i. Joining Parties and Amending Pleadings: The Parties request that parties be joined and that pleadings be amended no later than January 24, 2012. ii. To File and Hear Motions: The Parties request that all dispositive pretrial motions and memoranda of law, including all motions for summary judgment and motions for judgment on the pleadings be directed to be filed on or before February 24, 2012. The Parties have further agreed that all motions in limine shall be filed and served in accordance with Local Rule 16.1(J). iii. To Complete Discovery: The Parties request that all discovery be

directed to be completed on or before January 24, 2012. The Parties have further agreed that in order to comply with the discovery cut-off, written discovery must be served on or before 30 days before the discovery cut-off. d. Proposals for the formulation and simplification of the issues: Defendant has agreed to stipulate to the timeliness and validity of Plaintiffs copyright registration. Counsel shall meet before the Pretrial Conference or

Calendar Call to discuss any additional proposals for the formulation and simplification of the issues. e. Necessity of Amendments to the Pleadings: The parties acknowledge that the Pleadings may require amendment to conform to facts learned through discovery.

2 Joint Scheduling Report and Joint Proposed Scheduling Order

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f. Possibility of obtaining admissions of facts and of documents: Counsel will meet after the applicable discovery cut-off date and before the pretrial conference to discuss stipulations regarding the authenticity of documents and the need for advance rulings from the Court on the admissibility of evidence. g. Suggestions for the avoidance of unnecessary proof and cumulative evidence: At this time, the Parties have no suggestions for the avoidance of unnecessary proof and cumulative evidence, but will endeavor to find ways to litigate this case efficiently in the event this action is not dismissed. h. Referring matters to a magistrate judge or master: The parties jointly and voluntarily elect to have a United States Magistrate Judge decide the following motions and issue final orders or judgment with respect thereto: Sanctions i. Preliminary estimate of time for trial: The parties estimate a three (3) day jury trial following voir dire. j. Dates for conferences before trial, a final pretrial conference, and trial: A Pre-Trial Conference shall be scheduled by the Court. k. Any other information helpful to the Court: None at this time. Motions for Costs, Motions for Attorneys Fees, and Motions for

3 Joint Scheduling Report and Joint Proposed Scheduling Order

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In addition to the foregoing Joint Scheduling Report, the parties submit herewith Attachment A, which is a worksheet of Pretrial Deadlines, Pretrial Conference and Trial Date.

Dated: July 27, 2011

THE WALLACE LAW GROUP, P.L. 1375 Gateway Boulevard Boynton Beach, Florida 33426 Telephone: 561-767-4413 Facsimile: 561-767-4414

Respectfully Submitted
RANDAZZA LEGAL GROUP 2 South Biscayne Blvd., Suite 2600 Miami, Florida 33131 Telephone: 888-667-1113 Facsimile: 305-397-2772

s/Steven E. Wallace Steven E. Wallace (Fla. Bar. 585661) wallacelaw1@me.com

s/Jason A. Fischer Marc J. Randazza (Fla. Bar. 625566) mjr@randazza.com Jason A. Fischer (Fla. Bar. 68762) jaf@randazza.com

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(include dates) January 24, 2012 January 24, 2012

Pretrial Deadlines, Pretrial Conference and Trial Date Joinder of parties and amendment of pleadings. Parties shall furnish opposing counsel with a written list containing the names and addresses of all fact witnesses intended to be called at trial and only those witnesses listed shall be permitted to testify unless good cause is shown and there is no prejudice to opposing party. The parties are under a continuing obligation to supplement discovery responses within ten (10) days of receipt or other notice of new or revised information. All fact discovery must be completed. Plaintiff must furnish expert witness list to the Defendant, along with the summaries/reports required by Local Rule 16.1.K, and only those expert witnesses shall be permitted to testify. Within the fourteen-day period thereafter, Plaintiff shall make its experts available for deposition by Defendant. All dispositive and other pretrial motions not explicitly excluded by S.D. Fla. L.R. 7.1.A.1, and accompanying memoranda of law must be filed. A minimum of seventeen (17) weeks is required for the Court to review dispositive motions prior to filing of the joint pretrial stipulation. If no dispositive motions will be filed, clearly note this fact in the Joint Scheduling Report. Defendant must furnish expert witness list to the Plaintiff along with the summaries/reports required by Local Rule 16.1.K, and only those expert witnesses shall be permitted to testify. Within the fourteen day period thereafter, Defendant shall make its experts available for deposition by Plaintiff. All expert discovery must be completed. If a Daubert or Markman hearing is necessary, the parties are to add that as an additional deadline at the bottom of Attachment A. All Daubert and Markman briefing shall be complete two (2) weeks prior to any scheduled hearing on the same. Mediation must be completed. (The parties should select the earliest date to maximize resolution of the case in a manner that promotes client and judicial economy.) (a) Joint pretrial stipulation must be filed pursuant to Local Rule 16.1.E. The pretrial stipulation shall include Plaintiffs nonbinding breakdown of damages with corresponding amounts; the witness lists shall be pared down to those witnesses the parties actually intend to call at trial; and the exhibit lists shall identify the

January 24, 2012 February 24, 2012

February 24, 2012

March 26, 2012

April 26, 2012

November 28, 2011

May 28, 2012

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witness introducing each exhibit. The parties shall meet at least one (1) month prior to the deadline for filing the pretrial stipulation to confer on the preparation of that stipulation. The Court will not accept unilateral pretrial stipulations, and will strike, sua sponte, any such submissions; and (b) A joint statement outlining (1) the legal elements of Plaintiffs claims, including damages, and (2) the legal elements of the defenses raised, either in the form of a proposed jury instruction (for jury cases) or proposed conclusions of law (for non-jury cases); and (c) Joint Summary of Respective Motions in Limine must be filed. The Summary shall contain a cover page providing the style of the case and an index of the motions in limine. The Summary shall also include for each evidentiary issue: (i) a one (1) page motion identifying the evidence sought to be precluded at trial and citing legal authority supporting exclusion; and (ii) a one (1) page response to the motion providing a statement of the purpose for which the challenged evidence would be offered and citing legal authority in support of admission of the challenged evidence. The parties shall work together to prepare the Summary. Prior to submission of the Summary, the parties are encouraged to resolve evidentiary issues through stipulation. May 28, 2012 Final proposed jury instructions or findings of fact and conclusions of law must be submitted. (A courtesy copy shall be submitted to chambers at flsd_cooke@flsd.uscourts.gov, in Wordperfect format), each partys list indicating each witness who will testify at trial, a one sentence synopsis of the testimony, and in consultation with opposing counsel, indicate the amount of time needed for direct and cross examination. Pretrial conference. Usually 30 minutes are allotted for pretrial conference unless the parties or the Court, sua sponte, indicate a greater time is needed. Trial Date. Date of any other deadline the parties adopt as part of their case management plan [Attachment A]

To be announced

June 28, 2012