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Case 8:13-cv-01185-SDM-EAJ Document 3 Filed 05/30/13 Page 1 of 8 PageID 13

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

Tampa Division

FLOR CARIBE INC.,

Plaintiff,

v.

UNITED STATES DEPARTMENT OF THE
TREASURY, et al.,

Defendants.

__________________________________/

Case No: 8:13-cv-1185-T-23EAJ

NOTICE OF DESIGNATION UNDER LOCAL RULE 3.05

In accordance with Local Rule 3.05, this action is designated as a Track TWO Case.

Plaintiff or the removing party is responsible for serving a copy of this notice and any attachment

to this notice upon all other parties. All parties must meet any requirements established in Local

Rule 3.05 for cases designated on this track. With respect to Track Two and Track Three Cases,

parties should utilize the attached Case Management Report ("CMR") form. Please note that

Judge Merryday requires the CMR to include a brief description of the specific nature and relative

complexity of the case.

Most Track Two cases will be tried within twenty-four months of filing. To further the

prompt resolution of these cases, the discovery deadline should be eight months after the

defendant(s)' first filing. If the parties require more than eight months to complete discovery, they

shall provide an explanation for the extended discovery period.

Date: May 30, 2013

SHERYL L. LOESCH

By: Terese K. Dear
Courtroom Deputy Clerk

Case 8:13-cv-01185-SDM-EAJ Document 3 Filed 05/30/13 Page 2 of 8 PageID 14

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

TAMPA DIVISION

v.

Case Number:

________________________________/

CASE MANAGEMENT REPORT

1.

Meeting of Parties: Pursuant to Local Rule 3.05(c)(2)(B) or (c)(3)(A), a meeting

was held on (date) at (time) (check one) (__) by telephone (or) at (place)

and was attended by:

Name

Counsel for (if applicable)

2.

Initial Disclosures:

a. Fed. R. Civ. P. 26(a)(1) as amended December 1, 2000 provides that "[e]xcept

in categories of proceedings specified in Rule 26(a)(1)(E), or to the extent otherwise
stipulated or directed by order, a party must, without awaiting a discovery request, provide
to other parties: (A) the name and, if known, the address and telephone number of each
individual likely to have discoverable information that the disclosing party may use to
support its claims or defenses, unless solely for impeachment, identifying the subjects of the
information; (B) a copy of, or a description by category and location of, all documents,
data compilations, and tangible things that are in the possession, custody, or control of the
party and that the disclosing party may use to support its claims or defenses, unless solely
for impeachment; (C) a computation of any category of damages claimed by the disclosing
party, making available for inspection and copying as under Rule 34 the documents or
other evidentiary material, not privileged or protected from disclosure, on which such
computation is based, including materials bearing on the nature and extent of injuries
suffered; and (D) for inspection and copying as under Rule 34 any insurance agreement
under which any person carrying on an insurance business may be liable to satisfy part or
all of a judgment which may be entered in the action or to indemnify or reimburse for
payments made to satisfy the judgment." Fed. R. Civ. P.26(a)(1).1

1

A party must make its initial disclosures based on the information then reasonably available to it
and is not excused from making its disclosures because it has not fully completed its investigation of the
case or because it challenges the sufficiency of another party's disclosures or because another party has
not made its disclosures. See Fed. R. Civ. P. 26(a)(1).

Case 8:13-cv-01185-SDM-EAJ Document 3 Filed 05/30/13 Page 3 of 8 PageID 15

The parties (check one)

have exchanged information referenced by Fed. R. Civ. P. 26(a)(1)(A)-(D)

or agree to exchange such information on or before (date) . 2

___ stipulate to not disclose information referenced by Fed. R. Civ. P. 26(a)(1)(A)-

(D) for the specific reason(s) that:

__

have been unable to reach agreement on whether to disclose information referenced

by Fed. R. Civ. P. 26(a)(1)(A)-(D). (Identify party or parties)

__________________________ objects to disclosure of such information for the

specific reason(s) that:



3.

Discovery Plan - Plaintiff: The parties jointly propose the following Plaintiff's

discovery plan:

a. Plaintiff's Planned Discovery: A description of every discovery effort Plaintiff
plans to pursue is described below. The description of each discovery effort will be listed
under the appropriate heading below and will include the subject matter of the discovery
and the time during which the discovery will be pursued:

(1) Requests for Admission:

2

Information referenced by Fed. R. Civ. P. 26(a)(1)(A)-(D) must be made "at or within 14 days of

the Rule 26(f) conference unless a different time is set by stipulation or court order, or unless a party
objects during the conference that initial disclosures are not appropriate in the circumstances of the action
and states the objection in the Rule 26(f) discovery plan." Fed. R. Civ. P. 26(a)(1). Any party first
served or otherw ise joined after the Rule 26(f) conference must make these
disclosures w ithin 30 days after being served or joined unless a different time is set
by stipulation or court order. See Fed. R. Civ. P. 26(a)(1).

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Number of Requests for Admission: Parties may seek to limit the number of
Plaintiff's requests for admission in accordance with Fed. R. Civ. P. 26(b)(2). Any
such request must be made in paragraph 6 below and approved by the court.

(2) Written Interrogatories:

Number of Interrogatories: Local Rule 3.03(a) provides "[u]nless otherwise
permitted by the Court for cause shown, no party shall serve upon any other party,
at one time or cumulatively, more than twenty-five (25) written interrogatories
pursuant to Rule 33, Fed.R.Civ.P., including all parts and subparts." Any request
by Plaintiff to exceed this limit must be made in paragraph 6 below and approved
by the court.

(3) Requests for Production or Inspection

(4) Oral Depositions:

Number of Depositions: Local Rule 3.02(b) provides, "[i]n accordance with Fed. R.
Civ. P. 30(a)(2)(A) and 31(a)(2)(A), no more than ten depositions per side may be
taken in any case unless otherwise ordered by the Court." Any request by Plaintiff
to exceed this limit must be made in paragraph 6 below and approved by the court.

Time Permitted for Each Deposition: Each deposition is limited to one day of
seven hours in accordance with Fed. R. Civ. P. 30(d)(2) unless extended by
agreement of the parties or order of Court.

The parties stipulate/request a court order to extend the time to take the deposition
of the following individuals:

Name

Proposed length
of Deposition

Grounds

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b. Disclosure of Expert Testimony: Parties stipulate, in accordance with Fed. R.
Civ. P. 26(a)(2)(C), that Plaintiff's Fed. R. Civ. P. 26(a)(2) disclosure will be due as noted
here:

c. Supplementation of Disclosures and Responses: Parties agree that Plaintiff's

supplementation under Fed. R. Civ. P. 26(e) will be provided at the following times:

d. Completion of Discovery: Plaintiff will commence all discovery in time for it to

be completed on or before (date) .

4.

Discovery Plan - Defendant: The parties jointly propose the following Defendant's

discovery plan:

a. Defendant's Planned Discovery: A description of every discovery effort Defendant
plans to pursue is described below. The description of each discovery effort will be listed
under the appropriate heading below and will include the subject matter of the discovery
and the time during which the discovery will be pursued:

(1) Requests for Admission:

Number of Requests for Admission: Parties may seek to limit the number of
Defendant's requests for admission in accordance with Fed. R. Civ. P. 26(b)(2).
Any such request must be made in paragraph 6 below and approved by the court.

(2) Written Interrogatories:

Number of Interrogatories: Local Rule 3.03(a) provides "[u]nless otherwise
permitted by the Court for cause shown, no party shall serve upon any other party,
at one time or cumulatively, more than twenty-five (25) written interrogatories
pursuant to Rule 33, Fed.R.Civ.P., including all parts and subparts." Any request
by Defendant to exceed this limit must be made in paragraph 6 below and approved
by the court.

(3) Requests for Production or Inspection:

Case 8:13-cv-01185-SDM-EAJ Document 3 Filed 05/30/13 Page 6 of 8 PageID 18

(4) Oral Depositions:

Number of Depositions: Local Rule 3.02(b) provides, "[i]n accordance with Fed. R.
Civ. P. 30(a)(2)(A) and 31(a)(2)(A), no more than ten depositions per side may be
taken in any case unless otherwise ordered by the Court." Any request by
Defendant to exceed this limit must be made in paragraph 6 below and approved by
the court.

Time Permitted for Each Deposition: Each deposition is limited to one day of
seven hours in accordance with Fed. R. Civ. P. 30(d)(2) unless extended by
agreement of the parties or order of Court.

The parties stipulate/request a court order to extend the time to take the deposition
of the following individuals:

Name

Proposed length
of Deposition

Grounds

b. Disclosure of Expert Testimony: Parties stipulate, in accordance with Fed. R.

Civ. P. 26(a)(2)(C), that Defendant's Fed. R. Civ. P. 26(a)(2) disclosure will be due as
noted here:

c. Supplementation of Disclosures and Responses: Parties agree that Defendant's

supplementation under Fed. R. Civ. P. 26(e) will be provided at the following times:

d. Completion of Discovery: Defendant will commence all discovery in time for it

to be completed on or before (date).

5.

Joint Discovery Plan - Other Matters: Parties agree on the following other matters

relating to discovery (e.g., handling of confidential information, assertion of privileges, whether

discovery should be conducted in phases or be limited to or focused upon particular issues):

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6.

Disagreement or Unresolved Issues Concerning Discovery Matters: Any

disagreement or unresolved issue will not excuse the establishment of discovery completion dates.

The parties are unable to agree as to the following issues concerning discovery:

7.

That the parties agree the final date for filing motions for leave to file third party

claims or for joinder of parties should be (date). (Note time limit in Local Rule 4.03.) That the parties

agree that the final date for motions for summary judgment and other potentially dispositive

motions should be (date) .

8. Settlement and Alternative Dispute Resolution: Pursuant to Local Rule

3.05(c)(2)(C)(v), the parties submit the following statement concerning their intent regarding

Alternative Dispute Resolution.

Parties agree that settlement is: (check one) ___ likely ___ unlikely.

Parties agree to consent to binding arbitration pursuant to Local Rules 8.02(a)(3) and 8.05(b).

(check one) yes no likely to agree in the future.

If binding arbitration is not agreed to, the court may order nonbinding arbitration pursuant to

Chapter Eight of the Local Rules of the Middle District of Florida, mediation pursuant to

Chapter Nine of the Local Rules of the Middle District of Florida, or both.

Case 8:13-cv-01185-SDM-EAJ Document 3 Filed 05/30/13 Page 8 of 8 PageID 20

9. Consent to Magistrate Judge Jurisdiction: The parties agree to consent to the

jurisdiction of the United States Magistrate Judge for final disposition, including trial. See 28

U.S.C. § 636 . (check one) yes no likely to agree in the future.

10.

Preliminary Pretrial Conference:

Track Three Cases: Local Rule 3.05(c)(3)(B) provides that preliminary pretrial conferences are

mandatory in Track Three Cases.

11.

Final Pretrial Conference and Trial: Parties agree that they will be ready for a final

pretrial conference on or after (date) and for (check one) ___ Jury ____ Non-Jury trial on or

after (date). This trial is expected to take approximately ____ days.

12.

Pretrial Disclosures and Final Pretrial Procedures: Parties acknowledge that they

are aware of and will comply with pretrial disclosures requirements in Fed. R. Civ. P. 26(a)(3) and

final pretrial procedures requirements in Local Rule 3.06.

13.

Other Matters:

Date:

Signature of Counsel (with information

required by Local Rule 1.05(d)) and

Signature of Unrepresented Parties