Joint Scheduling Form, Florida by bcx34403

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									Case 0:09-cv-60908-MGC         Document 15            Entered on FLSD Docket 10/02/2009        Page 1 of 4



                                 UNITED STATES DISTRICT COURT
                                 SOUTHERN DISTRICT OF FLORIDA
                                        MIAMI DIVISION

                                   CASE NO. 09-60908-CIV-COOKE
                                         Magistrate Bandstra


    BANC OF AMERICA LEASING
    & CAPITAL, LLC,

           Plaintiff,

    vs.

    GULFSTREAM CRANE, LLC,

           Defendant.
                                                  /

                              JOINT SCHEDULING REPORT AND
                            JOINT PROPOSED SCHEDULING ORDER

           The Plaintiff, Banc of America Leasing & Capital, LLC, and Defendant, Gulfstream Crane,

    LLC, 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 have entered into a Forbearance Agreement.

                   Pursuant to the terms of the Forbearance Agreement, this action will be dismissed

                   without prejudice on December 31, 2009, provided Gulfstream complies with its

                   obligations under the Forbearance Agreement.
Case 0:09-cv-60908-MGC      Document 15        Entered on FLSD Docket 10/02/2009            Page 2 of 4



                                                               CASE NO. 09-60908-CIV-COOKE


         b)    Likelihood of Appearance of Additional Parties:

               The parties do not anticipate the need to join any additional parties to this case.

               However, Defendant believes there is the possibility that a third party may seek to

               intervene.

         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 February 1, 2010.

               ii.     To File and Hear Motions: The Parties request that all dispositive pre-trial

                       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 June 30, 2010. 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 July 30, 2010. 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:

               Counsel shall meet before the Pretrial Conference or Calendar Call to discuss any

               proposals for the formulation and simplification of the issues. Otherwise, none at

               this time.



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Case 0:09-cv-60908-MGC         Document 15     Entered on FLSD Docket 10/02/2009             Page 3 of 4



                                                                CASE NO. 09-60908-CIV-COOKE


         e)    Necessity of Amendments to the Pleadings:

               None.

         f)    Possibility of obtaining admissions of facts and of documents:

               Counsel will meet after the applicable discovery cut-off date and before the pre-trial

               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 do not consent to referring any matters to the magistrate judge assigned

               to this case.

         i)    Preliminary estimate of time for trial:

               The Parties estimate a three (3) day non-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.




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Case 0:09-cv-60908-MGC        Document 15        Entered on FLSD Docket 10/02/2009           Page 4 of 4



                                                                  CASE NO. 09-60908-CIV-COOKE


           Pursuant to the Court’s Order Requiring Counsel to Meet and File Joint Scheduling Report,

    the parties hereby attach as Attachment A the form of Pretrial Deadlines, Pretrial Conference and

    Trial Date.

    Dated: October 2, 2009                               Respectfully submitted,
           Miami, Florida

       s/ Martin S. Simkovic                             s/ Fred O. Goldberg
     Martin S. Simkovic, Esquire                       Fred O. Goldberg, Esquire
     Florida Bar No. 870625                            Florida Bar No. 898619
     msimkovic@stearnsweaver.com                       fgoldberg@bergersingerman.com
     Stearns Weaver Miller Weissler                    Berger Singerman
     Alhadeff & Sitterson, P.A.                        200 South Biscayne Boulevard
     Suite 2200, Museum Tower                          Suite 1000
     150 West Flagler Street                           Miami, FL 33131
     Miami, FL 33130                                   Telephone: (305) 755-9500
     Telephone: (305) 789-3200                         Facsimile: (305) 714-4340
     Facsimile: (305) 789-3395

     Attorneys for Plaintiff, Banc of America          Attorneys for Defendant, Gulfstream Crane,
     Leasing & Capital, LLC                            LLC




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Case 0:09-cv-60908-MGC           Document 15-2                    Entered on FLSD Docket 10/02/2009                                      Page 1 of 1



          (include dates)             Pretrial Deadlines, Pretrial Conference and Trial Date

     February 1, 2010       Joinder of parties and amendment of pleadings.

     June 1, 2010           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.

     July 30, 2010          All fact discovery must be completed.

     August 30, 2010        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.

     August 30, 2010        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.

     September 30, 2010     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.

     November 1, 2010       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.

     February 1, 2010       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.)

     November 29, 2010      (a) Joint pretrial stipulation must be filed pursuant to Local Rule 16.1.E. The pretrial stipulation shall include
                            Plaintiff’s non-binding 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 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 Plaintiff’s 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.

     November 29, 2010      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 party’s
                            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.

     To be announced        Pretrial conference. Usually 30 minutes are allotted for pretrial conference unless the parties or the Court, sua
                            sponte, indicate a greater time is needed.

     December 30, 2010      Trial Date.

                            Date of any other deadline the parties adopt as part of their case management plan.

                                                         [Attachment A]

								
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