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UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

OCALA DIVISION

Plaintiffs,


JOEL SMITH and FLORIDA CARRY,
INC., a Florida Not-for-Profit
Corporation,



v.

DEPUTY ANDY COX, SERGEANT
DAVE FIELDS, SHERIFF JEFFREY
DAWSY and CITRUS COUNTY, a
political subdivision of the State of
Florida,





Defendants.

Case No: 5:13-cv-347-Oc-10PRL

NOTICE OF DESIGNATION UNDER LOCAL RULE 3.05

Please take notice that, in accordance with Local Rule 3.05, this action is

designated as a Track Two Case. Plaintiff 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 form.







Date: July 19, 2013
Distribution:

SHERYL L. LOESCH, CLERK

Maurya McSheehy
By:

Deputy Clerk



-Copies to plaintiff(s) [including habeas petitioner(s), bankruptcy appellant(s), and

removing defendant(s)]

-Case Management Report form attached to notice designating Track Two or Three

Case

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

OCALA DIVISION

Plaintiffs,


JOEL SMITH and FLORIDA CARRY,
INC., a Florida Not-for-Profit
Corporation,



v.

DEPUTY ANDY COX, SERGEANT
DAVE FIELDS, SHERIFF JEFFREY
DAWSY and CITRUS COUNTY, a
political subdivision of the State of
Florida,



Defendants.

Case No: 5:13-cv-347-Oc-10PRL

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 _____________M. (time) at __________
__________________________ (place) and was attended by:







Counsel for (if applicable)

Name







2.

Pre Discovery Initial Disclosures of Core Information:

a.

Fed. R. Civ. P. 26(a)(1) Initial Disclosures (Fed.R.Civ.P. 26(a)(1)

provides that these disclosures are mandatory)
The parties

have exchanged (check one)

will exchange by (date)


object to the exchange of initial disclosures(lf one or more
parties objects to initial disclosures identify the objecting party and state
the reason(s) for the objection below.

information described in Fed. R. Civ. P. 26(a)(1).

Below is a detailed description of information disclosed, scheduled for disclosure
or, if applicable, the basis for the objection to the initial disclosures.












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3.

Discovery Plan - Plaintiff: The parties jointly propose the following

Plaintiffs 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:

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 presented by motion. See
paragraph 6 below.

(2) Written Interrogatories:

Interrogatories:

Local Rule 3.03(a) provides "[u]nless
Number of
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 presented by motion. See paragraph 6 below.

(3)

Requests for Production or Inspection:





































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(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 presented by motion.
See paragraph 6 below.

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

b.

Disclosure of Expert Testimony: Parties stipulate, in accordance
with Fed. R. Civ. P. 26(a)(2), 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:


Defendant's Planned Discovery: A description of every discovery effort
a.
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:

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(1)

Reguests 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 presented by motion. See
paragraph 6 below.

(2) Written Interrogatories:

Interrogatories:

Number of
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 presented by motion. See paragraph 6 below.

(3)

Reguests for Production or Inspection:































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(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 presented by
motion. See paragraph 6 below.

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

b.
Disclosure of Expert Testimony: Parties stipulate, in accordance with
Fed. R. Civ. P. 26(a)(2), 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
c.
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

d.
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 concerning discovery matters must be made the
subject of a separate motion to be filed not later than eleven days after the filing of the
Case Management Report. Such disagreement or unresolved issue will not excuse the
establishment of discovery completion dates. Pursuant to Fed.R.Civ.P. 26(a)(1), as
amended, December 1, 2000, any objection as to the appropriateness of required Initial
Disclosures shall be recorded in the case management report.

7.

Third Party Claims. Joinder of Parties. Potentially Dispositive Motions:
Parties agree that the final date for filing motions for leave to file third party claims,
motions to join parties, motions for summary judgment, and all other potentially
dispositive motions should be _____________. (Note time limit in Local Rule 4.03.)

8.

Settlement and 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). _______ yes _______ no _______ likely to agree in future

Parties agree to participate in court annexed mediation as detained in Chapter Nine of
the Court’s Local Rules. _______ yes _______ no _______ likely to agree in future

If yes, the order of referral described in Local Rule 9.04 should be entered by the court
on ______________ (date) designating _____________________ (name) to serve as
mediator.

Parties agree to consent to trial presided over by United States Magistrate Judge.
_______ yes _______ no _______ likely to agree in the future

Parties intend to pursue the following other methods of alternative dispute resolution:




In accordance with Local Rule 3.05(c)(2)(C)(v), parties agree that if they do not report to
the Court that the case has settled on or before ______________(date), parties will
apply for an order invoking Court annexed arbitration (Chapter Eight of Local Rules) or
Court annexed mediation (Chapter Nine of Local Rules) on that date.

9.

Preliminary Pretrial Conference:

Track Three Cases: LocalRule 3.05(c)(3)(8) provides
conferences are mandatory in Track Three Cases.


that preliminary pretrial

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(check one)

Track Two Cases: Parties
_____ request
_____ do not request

a preliminary pretrial conference before entry of a Case Management and Scheduling
Order in this Track Two case. Unresolved issues to be addressed at such a conference
include:






10.

Final Pretrial Conference and Trial: Parties agree that they will be ready
for a final pretrial conference on or after ______________ (date) and for a trial on or
after ______________ (date). Trial is expected to take approximately _____ days and
the trial will be:
_____ jury
_____ non-jury


11. 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.




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12. Other Matters:

Date:

Signature of Counsel (with information required
by Local Rule 1.05(d)) and Signature of
Unrepresented Parties.









































































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