BOS516135.1 5
BOS516135.1
EXHIBIT 2.8
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 98-8030-CIV-HURLEY
LEONARD ROSENBLUM, ET AL.
PLAINTIFF,
VS.
EQUIS FINANCIAL GROUP,
DEFENDANT.
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ORDER SETTING TRIAL DATE & DISCOVERY DEADLINES,
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REFERRING CASE TO MEDIATION & REFERRING DISCOVERY TO
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UNITED STATES MAGISTRATE JUDGE
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THIS CAUSE was before the court at a status conference conducted on May 31,
2001. For the reasons stated in open-court, it is
ORDERED and ADJUDGED:
TRIAL DATE & LOCATION
1. This case is set for trial on the MARCH 2002 calendar commencing on
MONDAY, MARCH 4, 2002. Counsel for all parties shall appear at a calendar call
commencing at 1:30 p.m. on FRIDAY, FEBRUARY 22, 2002. Unless instructed
otherwise by subsequent order, the trial and all other proceedings in this case
shall be conducted in courtroom 5 at the U.S. Courthouse, 701 Clematis Street,
West Palm Beach, Florida.
MOTION PRACTICE
2. Every motion filed in this case shall be accompanied by ONE PROPOSED
ORIGINAL ORDER granting the motion. The order shall contain an UP-TO-DATE
SERVICE LIST (names and addresses) of all attorneys in the case. In light of
the court's "fax-back" program, additional copies of the proposed order and
self-addressed stamped envelopes should not be provided.
PRETRIAL DISCOVERY SCHEDULE
3. Pretrial discovery shall be conducted in accord with Local Rules 16.1 and
26.1 and the Federal Rules of Civil Procedure. The court has considered
but, at present, declines to adopt the parties' suggested discovery schedule.
If, after reviewing the following schedule, the parties conclude their proposal
is preferable, they may resubmit a proposed discovery schedule in the form of a
PROPOSED AGREED ORDER. Once entered it shall supersede the generic schedule
outlined below. Note: any substitute schedule MUST include the time frame set
forth below for the submission of summary judgment motions (not later than
ninety (90) days prior to commencement of trial calendar).
Rule 14, 19 Motions - 180 days before trial calendar
Discovery Cutoff -- 90 days before trial calendar
Substantive Pretrial Motions - 90 days before trial calendar
. This deadline will be strictly enforced.
. Motions for extension of time to file motion
. or response will not be granted absent
. exceptional cause.
Mediation Cutoff - 60 days before trial calendar
Rule 15(a). (d) Motions - 60 days before trial calendar
Mandatory Pretrial Stipulation - 5 days before calendar call
. (note Local Rule 16.1E)
Pretrial Conference - as directed by the court
Voir Dire Questions - First day of jury trial
Jury Instructions - 5 days before calendar call
Proposed Findings & Conclusions - 5 days before calendar call
Motions in Limine - First day of trial
Exhibit List for Court - First day of trial
(Two Copies) (impeachment excepted)
Witness List for Court - First day of trial
(Two Copies) (impeachment excepted)
CONSENT JURISDICTION
4. In light of the benefits offered by a trial before a magistrate judge,
e.g. trial on a date certain as opposed to placement on a month-long calendar,
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the parties are urged to consider this option. Therefore, within twenty (20)
days of the entry of this order each attorney is ORDERED to meet with his/her
client and discuss this option. At the end of the twenty-day period, each party
shall file a separate pleading indicating: (1) that they have met and
discussed magistrate jurisdiction and (2) unequivocally setting forth their
position (yes or no) on magistrate consent jurisdiction. Plaintiff's counsel
shall monitor this process. If there is not unanimity in favor of magistrate
jurisdiction, plaintiff's counsel need do nothing further. If, however, there
is unanimity in favor of magistrate jurisdiction, plaintiff's counsel shall send
a note to the court, with a copy to defense counsel, alerting the court to this
issue. It is the receipt of this note that will cause the court to meet with
the magistrate judge and obtain a new trial date for the parties.
MEDIATION
5. Pursuant to Federal Rule of Civil Procedure 16 and Local Rule 16.2, this
case is referred to mediation as follows:
a. The mediation shall be completed sixty (60) days prior to the scheduled
trial calendar.
b. The parties shall, within ninety (90) days hereof, agree upon a mediator
and advise the Clerk's office of their choice, failing which the Clerk will
designate a mediator from the list of certified mediators on a blind random
basis;
c. Plaintiff's counsel shall be responsible for coordinating the mediation
conference date and location agreeable to the mediator and all counsel of
record;
d. Within five (5) days following the mediation conference, the mediator
shall file a Mediation Report indicating who attended the mediation and the
result thereof.
DISCOVERY REFERRED TO MAGISTRATE JUDGE
6. In accordance with the Magistrate Act, 28 U.S.C. 636(b)(1)(A), and
Federal Rule of Civil Procedure 72, all pretrial discovery motions which may be
filed in this case and all motions that relate directly to these motions, such
as motions for extension of time, motions for reconsideration, motions for
sanctions, and motions for mental or physical examinations are REFERRED to
United States Magistrate Judge Frank J. Lynch for final disposition. Counsel
shall send a copy of any discovery motion or responsive pleading directly to the
Magistrate Judge at the same time that pleading is filed with the Court.
Counsel shall include the Magistrate Judge's name in the case number in
accordance with the local rule.
7. This referral shall expire at the end of the discovery period established
in the pretrial schedule above. Upon expiration, all matters pending before the
United States Magistrate Judge shall remain before the Magistrate Judge for
resolution, and all new matters shall be filed for consideration by the
undersigned.
TELEPHONIC CONFERENCING
8. When practical, counsel are urged to utilize telephonic conferencing for
any pretrial appearances including calendar call. Counsel wishing to appear in
this manner for any proceeding must notify the Courtroom Deputy at 561/803-3452
at least 24 hours prior to the proceeding. Counsel wishing to appear for the
calendar call by telephone must so notify the Courtroom Deputy by noon of the
Wednesday preceding the date of the calendar call.
DATED and SIGNED in Chambers at West Palm Beach, Florida, this 4th day of
June, 2001.
s/Daniel T.K. Hurley
Daniel T. K. Hurley
United States District Judge
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COPY FURNISHED:
Magistrate Judge Frank J. Lynch, Jr.
Andrew Friedmen, Esq.
Allen Lerner, Esq.
Gerald Richman, Esq.
Greg Deschence, Esq.