Escolar Documentos
Profissional Documentos
Cultura Documentos
MATTHEW SCHMITT,
Defendants.
_______________________________________/
In accordance with the Courts Initial Scheduling Order [Doc. 14], the parties provide the
following information:
1. Pursuant to Fed. R. Civ. P. 26(f), the parties conferred through their counsel, identified as
follows:
J. Wes Gay, Esquire Counsel for Defendants, City of Pensacola and Ashton
Hayward
2. Initial Disclosures. The parties will complete the initial disclosures required by
asserted by Defendants.
Case 3:16-cv-00421-RV-EMT Document 21 Filed 03/15/17 Page 2 of 7
are to be governed by the applicable Federal Rules of Civil Procedure and Local
d. Requests for Admissions: Maximum number of requests for admissions and the
response due dates are to be governed by the applicable Federal Rules of Civil
f. Length of Depositions: Defendants request that each deposition other than that of
g. Expert Reports: Reports from retained experts under Rule 26 (a)(2) are due:
a timely manner if the party learns in some material respect the disclosure or
response is incorrect or incomplete, but shall necessarily occur within thirty (30)
days upon discovery of the need to supplement or thirty (30) days prior to the
close of discovery.
2
Case 3:16-cv-00421-RV-EMT Document 21 Filed 03/15/17 Page 3 of 7
4. Other Items.
a. Scheduling Conference: The parties do not request a conference with the court
dispositive motions.
h. Witness and Exhibit Lists: Final lists of witnesses and exhibits under Rule 26
3
Case 3:16-cv-00421-RV-EMT Document 21 Filed 03/15/17 Page 4 of 7
i. Objections to Witness and Exhibit Lists: Parties should have seven (7) days after
service of the final list of witnesses and exhibits to list objections under Rule
26(a)(3).
j. Trial Date and Length: The parties in good faith estimate that this case should be
ready for trial on or after January 22, 2018, and anticipate it will take
individual capacity. Such claims are brought under Title VII and 42 U.S.C.
Section 1981 via Section 1983. Plaintiff engaged in protected activity and as a
result, suffered adverse actions. Plaintiff asserts that a casual connection exists
between his protected activity and the adverse actions. Defendants retaliated
publicly demeaning his good name and record, and by ultimately terminating his
1 This extension of the Courts preferred trial deadline is requested in light of the existing
obligations of counsel for the parties.
4
Case 3:16-cv-00421-RV-EMT Document 21 Filed 03/15/17 Page 5 of 7
immunity. Plaintiff asserts that the retaliation was malicious, willful, and with
reckless disregard for his rights. Plaintiff further asserts that he suffered
conduct. Plaintiff seeks declaratory and injunctive relief, as well as, reinstatement
b. Defendants Position:
establish a prima facie case of race discrimination or retaliation for any alleged
discriminatory and non-retaliatory reasons for taking any and all adverse actions
evidence.
7. Possibility of Settlement: The issue of settlement is set forth in paragraphs 4(f) and (g)
above.
8. Proposed Timetables and Cutoff Dates: The proposed timetables and cutoff dates are
set forth in paragraphs 1-4 above, including proposed revisions to the scheduling order.
5
Case 3:16-cv-00421-RV-EMT Document 21 Filed 03/15/17 Page 6 of 7
the parties in the ordinary course of business. If a party knows or has reason to
believe additional data or information exists but is not being produced, it shall
identify the nature and extent of that additional information or data, the identity of
person(s) with knowledge of its nature and extent, and the expected cost(s) of
retrieval, so that the requesting party can reasonably determine whether to pursue
its production.
b. In the event the court orders the production of data beyond what is reasonably
available to the parties in the ordinary course of business, the requesting party
providing such data on a computer disk. The parties shall agree on the format
d. The parties have taken and will continue to take reasonable measures to preserve
of business or otherwise.
6
Case 3:16-cv-00421-RV-EMT Document 21 Filed 03/15/17 Page 7 of 7
e. Upon reasonable belief by the requesting party that privileged information was
11. Other Matters: Pursuant to Rule 5(b)(2)(E) of the Federal Rules of Civil Procedure, the
12. Undersigned counsel is authorized to file this motion on behalf of the Parties.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on March 15, 2017, undersigned electronically filed the
foregoing with the Clerk of the Court by using the CM/ECF system, which will send a notice of
electronic filing: Joshua R. Gale, Esq., Wiggins, Childs, Pantazis, Fisher, Goldfarb, LCC, 101.
N. Woodland Blvd., Suite 600, Deland, Florida 32720, D.G. Pantazis, Jr., Esq., and Rocco
Calamusa, Esq., Wiggins, Childs, Pantazis, Fisher, Goldfarb, LCC, The Kress Building, 301
Nineteenth St. North, Birmingham, Alabama 35202.