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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF FLORIDA
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`CASE NO. 18-61828-CIV-DIMITROULEAS
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`AMGEN INC. and AMGEN
`MANUFACTURING LIMITED,
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`Plaintiff,
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`vs.
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`APOTEX INC. and
`APOTEX CORP.
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`Defendant.
`___________________________________/
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`ORDER REQUIRING COUNSEL TO MEET, FILE JOINT SCHEDULING REPORT
`AND JOINT DISCOVERY REPORT
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`
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`THIS ORDER has been entered upon the filing of the Complaint. Plaintiff’s counsel is
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`hereby ORDERED to forward to all Defendants, upon receipt of a responsive pleading, a copy of
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`this order.
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`It is further ORDERED:
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`1. Pretrial discovery in this case shall be conducted in accord with Federal Rule of Civil
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`Procedure 26 and Southern District of Florida Local Rule 16.1.
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`2. Within thirty-five (35) calendar days of the filing of the first responsive pleading by
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`the last responding defendant, unless this action is excluded under Rule 26(a)(1)(B), the parties
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`shall file a Joint Scheduling Report and Joint Proposed Order pursuant to Local Rule 16.1.B.2.1
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`In preparing the Joint Scheduling Report and Joint Proposed Order the parties shall adhere to the
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`following deadlines:
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`1 This time period is inclusive of the additional time provided pursuant to Rule 6(d).
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`Case 0:18-cv-61828-WPD Document 4 Entered on FLSD Docket 08/10/2018 Page 2 of 3
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`A. The parties must confer within fifteen (15) calendar days after the filing of the
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`first responsive pleading by the last responding defendant, to consider the nature and basis of
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`their claims and defenses and the possibilities for a prompt settlement or resolution of the case,
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`to make or arrange for the disclosures required by Rule 26(a)(1), and to develop a proposed
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`discovery plan that indicates the parties’ view and proposals concerning the matters listed in
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`Rule 26(f). The parties are jointly responsible for submitting a written report of this conference
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`outlining the proposed discovery plan at the time they file their Joint Scheduling Report and
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`Joint Proposed Order.
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`B. Counsel for the parties shall hold a scheduling conference either at the same
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`time as the discovery conference described in Rule 26(f) or within ten (10) calendar days
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`thereafter. See Local Rule 16.1.B.
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`C. Within seven (7) calendar days of the scheduling conference, counsel shall file
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`a joint scheduling report pursuant to Local Rule 16.1.B. This report shall indicate the
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`proposed month and year for the trial plus the estimated number of trial days required. Should
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`this be a case in which a class is sought, the report shall include a date by which any motions for
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`class certifications shall be filed.
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`D. The Court notes that, pursuant to Local Rule 16.2, parties are required to agree
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`upon a mediator and advise the Clerk’s Office of their choice within fourteen (14) days of this
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`Court issuing a Scheduling Order.
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`3. The parties may submit a single report combining the discovery plan report and the
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`scheduling conference report. However, unilateral submissions are prohibited.
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`
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`Case 0:18-cv-61828-WPD Document 4 Entered on FLSD Docket 08/10/2018 Page 3 of 3
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`4. Failure of counsel or unrepresented parties to file a discovery plan report or joint
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`scheduling report may result in dismissal, default, and the imposition of other sanctions
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`including attorney’s fees and costs.
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`5. If a case is settled, counsel are directed to inform the Court promptly at (954) 769-
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`5650, and to submit an appropriate stipulation Order for Dismissal, pursuant to Rule 41(a)(1).
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`Such an Order must be filed within ten (10) calendar days of notification of the Court. If the
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`parties expect the Court to retain jurisdiction over a settlement agreement, the stipulation of
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`dismissal must include language conditioning the stipulation on the Court retaining jurisdiction
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`to enforce the settlement agreement.2
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`DONE AND SIGNED in Chambers at Fort Lauderdale, Broward County, Florida, this
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`10th day of August, 2018.
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`Copies furnished to:
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`John F. O’Sullivan, Esquire
`600 Brickell Avenue, Suite 2700
`Miami, Florida 33131
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`2 “[F]or a district court to retain jurisdiction over a settlement agreement where the parties dismiss the case by filing
`a stipulation for dismissal pursuant to Rule 41(a)(1)(A)(ii) … the parties must condition the effectiveness of the
`stipulation on the district court’s entry of an order retaining jurisdiction.” Anago Franchising, Inc. v. Shaz,
`LLC, 677 F. 3d 1272, 1280 (11th Cir. 2012)(emphasis added).
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