Case 1:20-cv-24342-RNS Document 30 Entered on FLSD Docket 04/16/2021 Page 1 of 8
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`United States District Court
`for the
`Southern District of Florida
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`PayRange, Inc., Plaintiff,
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`v.
`
`Kiosoft Technologies, LLC, and
`Techtrex, Inc., Defendants.
`
`)
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`Civil Action No. 20-24342-Civ-Scola
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`Scheduling Order and Order of Referral to Mediation
`On October 26, 2021, this Court issued an Order requiring the parties to
`schedule and conduct a discovery and planning conference, and to file with the
`Court a joint discovery plan and conference report by April 6, 2021. To date,
`the parties have not filed the required report, nor have they moved to extend
`this Court imposed deadline. In other words, the parties have ignored the
`Court’s Order. In light of this violation, and in order to resolve this case justly,
`economically, and efficiently, this matter is being scheduled on a case track
`calculated as if the scheduling report had been timely filed. The parties are
`forewarned that future violations of this Court’s orders may result in sanctions,
`up to and including dismissal. Fed. R. Civ. P. 16(f). The parties are ordered to
`file their joint discovery plan and report, without a proposed schedule, by
`[date].
`This matter is set for trial during the two-week trial period beginning on
`August 15, 2022 Calendar call will be held at 9:00 a.m. on the preceding
`Tuesday August 9, 2022 at the Wilkie D. Ferguson, Jr. United States
`Courthouse, 400 N. Miami Avenue, Courtroom 12-3, Miami, Florida. A pretrial
`conference will be held immediately following calendar call only if requested by
`the parties in advance.
`1. The parties must comply with the following schedule:
`Deadline for a party claiming patent infringement to serve
`Disclosure of Asserted Claims and Infringement
`Contentions and make accompanying document
`production.
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`May 4, 2021
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`May 10, 2021 Deadline to join additional parties or to amend pleadings.
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`June 1, 2021
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`Deadline for a party opposing a claim of patent
`infringement or asserting invalidity or unenforceability to
`serve Non-Infringement, Unenforceability, and Invalidity
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`Petitioner Kiosoft Exhibit 1023
`Page 1
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`Case 1:20-cv-24342-RNS Document 30 Entered on FLSD Docket 04/16/2021 Page 2 of 8
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`Contentions and make accompanying document
`production.
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`June 15, 2021
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`Deadline to Exchange Proposed Terms for Construction.
`Deadline to submit joint notice indicating whether the
`parties consent to jurisdiction before the designated
`magistrate judge for purposes of dispositive motions or final
`disposition or both.
`August 1, 2021 Deadline to Exchange of Preliminary Claim Constructions
`and Extrinsic Evidence.
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`September 10,
`2021
`September 20,
`2021
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`October 10,
`2021
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`October 24,
`2021
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`Deadline to file joint interim status report.
`
`Deadline to File Joint Claim Construction and Prehearing
`Statement.
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`Deadline to complete claim construction discovery.
`Deadline to file a motion to stay the lawsuit pending
`reexamination in the U.S. Patent Office.
`Deadline to file proposed order scheduling mediation,
`setting forth the name of the mediator, and the date, time,
`and location of the mediation, consistent with the order of
`referral to mediation.
`
`Deadline for any party claiming patent infringement to file
`opening claim construction brief (simultaneous opening
`briefs are not permitted) and deadline to file opening brief
`asserting claims for invalidity and unenforceability.
`Response and reply deadlines will proceed as provided for
`in the Local Rules.
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`January 8,
`2022
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`Deadline to provide information regarding advice of counsel.
`(If the Court has not yet ruled on claim construction the
`parties should file a motion to extend this date.)
`
`February 7,
`2022
`
`Deadline to complete fact discovery.
`Deadline to disclose the identity of expert witnesses, and to
`exchange expert witness summaries/reports pursuant to
`Federal Rule of Civil Procedure 26(a)(2). Rebuttal
`disclosures are permitted, and must conform to the
`deadline set forth in Federal Rule of Civil Procedure
`26(a)(2)(C)(ii).
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`Petitioner Kiosoft Exhibit 1023
`Page 2
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`Case 1:20-cv-24342-RNS Document 30 Entered on FLSD Docket 04/16/2021 Page 3 of 8
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`Deadline to complete mediation.
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`Deadline to complete all expert discovery.
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`February 17,
`2022
`March 24,
`2022
`April 3, 2022 Deadline for the filing of all dispositive motions and Daubert
`motions.
`June 11, 2022 Deadline for the filing of pretrial motions, including motions
`in limine.
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`July 15, 2022
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`Deadline to file joint pretrial stipulation under Local Rule
`16.1(e) and pretrial disclosures as required by Federal Rule
`of Civil Procedure 26(a)(3).
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`July 29, 2022
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`Deadline to file proposed jury instructions (if the matter is
`set for a jury trial) or proposed findings of fact and
`conclusions of law (if the matter is set for a bench trial)
`consistent with Local Rule 16.1(k).
`
`2. Interim Joint Status Report. The parties are required to submit an
`interim joint status report addressing the following issues:
`a) Have all defendants been served? If not, state the reasons.
`b) Have all defendants responded to the complaint? If not, state the
`reasons.
`c) If this is a class action, has a motion for class certification been
`filed? If so, what is its status?
`d) Have the parties agreed on and selected a mediator? Have the
`parties agreed upon a place, date, and time for mediation?
`e) Have the parties engaged in informal settlement negotiations? If
`not, explain the reasons for the failure to do so. If yes, state the
`status of such negotiations (e.g., ongoing, impasse, etc.) and the
`relative prospects for resolution through informal means.
`f) Describe the status of discovery conducted to date, and identify
`whether the parties reasonably believe that they will be able to
`complete discovery by the Court’s deadline. If not, explain the
`reasons.
`g) Identify any other issues that the Court should be aware of that
`may affect the resolution of this matter or the schedule as
`currently set.
`3. References to documents in summary-judgment motions. When a party
`files a motion for summary judgment, the party must include the ECF number
`of any exhibits or other documents referred to in the motion or the
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`Petitioner Kiosoft Exhibit 1023
`Page 3
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`Case 1:20-cv-24342-RNS Document 30 Entered on FLSD Docket 04/16/2021 Page 4 of 8
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`accompanying statement of material facts (required by Local Rule 56.1). This
`means that if a document is not already on the record, a party will need to
`submit a Notice of Filing before he or she files the summary-judgment motion
`and the statement of material facts.
`4. Limit on motions in limine & Daubert motions. Each party is limited to
`filing one motion in limine and one Daubert motion. If a party cannot address
`his or her evidentiary issues or expert challenges in a 20-page motion, leave to
`exceed the page limitation will be granted upon a showing of good cause. The
`parties are reminded that motions in limine and Daubert motions must contain
`the Local Rule 7.1(a)(3) pre-filing conference and certification.
`5. Jury Instructions. The parties must submit their proposed jury
`instructions jointly, though they need not agree on each proposed instruction.
`Where both parties agree on a proposed instruction, that instruction must be
`set out in regular typeface. Instructions proposed only by a plaintiff must be
`underlined. Instructions proposed only by a defendant must be bold-faced.
`Every instruction must be supported by a citation of authority. The parties
`should use as a guide the Eleventh Circuit Pattern Jury Instructions for Civil
`Cases, including the directions to counsel, or the applicable state pattern jury
`instructions. The parties must jointly file their proposed jury instructions via
`CM/ECF, and must also submit their proposed jury instructions to the Court
`via e-mail at scola@flsd.uscourts.gov in Word format (.doc).
`6. Trial Exhibits. All trial exhibits must be pre-marked. Plaintiff’s exhibits
`must be marked numerically with the letter “P” as a prefix. Defendant’s
`exhibits must be marked alphabetically with the letter “D” as a prefix. A list
`setting out all exhibits must be submitted at the time of trial. This list must
`indicate the pre-marked identification label (e.g., P-1, or D-A) and must also
`include a brief description of the exhibit.
`7. Deposition Designations. Any party intending to use deposition
`testimony as substantive evidence must designate by line and page reference
`those portions in writing. The designations must be served on opposing counsel
`and filed with the Court 14 days before the deadline to file the joint pretrial
`stipulation. The adverse party must serve and file any objections and any
`cross-designations within seven days. The initial party then has seven days to
`serve and file objections to the cross-designations.
`8. Voir Dire Questions. The Court will require each prospective juror to
`complete a brief written questionnaire prior to the commencement of
`questioning in the courtroom. Any party may up to five proposed, case-specific
`questions to be included in the questionnaire. The proposed questions must be
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`Petitioner Kiosoft Exhibit 1023
`Page 4
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`Case 1:20-cv-24342-RNS Document 30 Entered on FLSD Docket 04/16/2021 Page 5 of 8
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`filed with the Court at the time of the filing of the joint pretrial stipulation, and
`must also be submitted to the Court via e-mail at scola@flsd.uscourts.gov in
`Word format (.doc).
`9. Notification of juror misconduct. Every party has an affirmative duty to
`notify the Court immediately of any possible juror misconduct or any
`information that might possibly reflect on a juror’s ability to serve. Immediate
`notification is required to allow the Court the opportunity to address the issue,
`including questioning the juror and, if necessary, discharging the juror and
`seating an alternate juror. In any trial lasting more than five days, the Court
`imposes an affirmative duty on both sides to conduct all reasonable
`investigations of juror misconduct, including statements provided during voir
`dire, and to advise the Court immediately of any discovered misconduct. Any
`party who fails to conduct a reasonable investigation in this situation and later
`discovers an incidence of juror misconduct has waived his, her, or its right to
`rely on that misconduct in a motion before this Court.
`10.
`Settlement Conference Before Magistrate Judge. The parties may,
`at any time, file a motion requesting a settlement conference before Magistrate
`Judge Edwin G. Torres. The Court encourages the parties to consider a
`confidential settlement conference with Judge Torres, especially if the parties
`believe there is a meaningful chance of reaching an early, amicable resolution
`of their dispute.
`11.
`Settlement Notification. If this matter is settled, counsel are
`directed to inform the Court promptly via telephone (305-523-5140) and/or e-
`mail (scola@flsd.uscourts.gov).
`Done and ordered at Miami, Florida, on April 13, 2021.
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`________________________________
`Robert N. Scola, Jr.
`United States District Judge
`
`[Order of Referral to Mediation on following page]
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`Petitioner Kiosoft Exhibit 1023
`Page 5
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`Case 1:20-cv-24342-RNS Document 30 Entered on FLSD Docket 04/16/2021 Page 6 of 8
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`United States District Court
`for the
`Southern District of Florida
`
`
`
`Civil Action No. 20-24342-Civ-Scola
`
`PayRange, Inc., Plaintiff,
`
`v.
`
`Kiosoft Technologies, LLC, and
`Techtrex, Inc., Defendants.
`
`)
`)
`)
`)
`)
`)
`
`Order of Referral to Mediation
`Trial having been set in this matter, pursuant to Federal Rule of Civil
`Procedure 16 and Local Rule 16.2, it is ordered and adjudged as follows:
`1. All parties are required to participate in mediation. The parties must
`conduct their mediation no later than the deadline set out in the Court’s
`Scheduling Order.
`2. The Court designates Plaintiff’s counsel as lead counsel for purposes of
`this mediation order. Upon written agreement by all counsel of record and any
`unrepresented parties, the parties may designate a different attorney to be lead
`counsel for purposes of this mediation order. Lead counsel is responsible for
`scheduling the mediation conference.
`3. The parties are encouraged to avail themselves of the services of any
`mediator on the List of Certified Mediators, maintained in the office of the Clerk
`of the Court, but may select any other mediator. The parties must agree upon a
`mediator within 60 days from the date of this Order. If there is no agreement,
`lead counsel must promptly notify the Clerk of the Court in writing and the
`Clerk of the Court will designate a mediator from the List of Certified
`Mediators. That designation will be made on a blind rotation basis.
`4. A place, date, and time for mediation convenient to the mediator, counsel
`of record, and unrepresented parties must be established no later than the
`deadline in the Scheduling Order. Lead counsel must complete the attached
`form Order Scheduling Mediation and submit it to the Court. The parties must
`agree on a place, date, and time for mediation and lead counsel must
`submit the proposed order scheduling mediation, no later than the
`deadline set forth in the Scheduling Order.
`5. Pursuant to Local Rule 16.2(e), the appearance of counsel and each party
`or representatives of each party with full authority to enter into a full and
`complete compromise and settlement is mandatory. If insurance is involved, an
`adjuster with authority up to the policy limits or the most recent demand,
`whichever is lower, must attend.
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`Petitioner Kiosoft Exhibit 1023
`Page 6
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`Case 1:20-cv-24342-RNS Document 30 Entered on FLSD Docket 04/16/2021 Page 7 of 8
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`6. All proceedings of the mediation will be confidential and privileged.
`7. At least fourteen days prior to the mediation date, each party must
`present to the mediator a confidential brief written summary of the case
`identifying issues to be resolved. The mediator is authorized to grant
`extensions of time up to the mediation for the parties to file their mediation
`statements.
`8. The Court may impose sanctions against parties and/or counsel who do
`not comply with the attendance or settlement authority requirements in this
`Order, or who otherwise violate the terms of this Order. The mediator must
`report non-attendance and may recommend imposition of sanctions by the
`Court for non-attendance.
`9. The mediator must be compensated in accordance with the standing
`order of the Court entered pursuant to Local Rule 16.2(b)(6), or on such basis
`as may be agreed to in writing by the parties and the mediator selected by the
`parties. The cost of mediation must be shared equally by the parties unless
`otherwise ordered by the Court. All payments must be remitted to the mediator
`within forty-five days of the date of the bill. Notice to the mediator of
`cancellation or settlement prior to the scheduled mediation conference must be
`given at least three full business days in advance. Failure to do so will result in
`imposition of a fee for two hours of mediation.
`10.
`If a full or partial settlement is reached in this case, counsel must
`promptly notify the Court of the settlement in accordance with Local Rule
`16.2(f), by the filing of a notice of settlement signed by counsel of record within
`fourteen days of the mediation conference. Thereafter the parties must
`promptly submit an appropriate pleading concluding the case.
`11.
`Within seven days following the mediation conference, the
`mediator must file a Mediation Report indicating whether all required parties
`were present. The report must also indicate whether the case settled (in full or
`in part), was adjourned, or whether the mediator declared an impasse. If the
`mediator fails to file a Mediation Report within seven days following the
`mediation conference, lead counsel must file a Mediation Report within
`14 days after the mediation conference.
`12.
`If mediation is not conducted, the case may be stricken from the
`trial calendar, and other sanctions may be imposed.
`Done and ordered at Miami, Florida on April 13, 2021.
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`__________________ ____________ ____________ ____________ ____________ ____________ ____________ ____________ ____________ ____________ ____________ ____________ ____________ ____________ ____________ ____________ ____________ ____________ ____________ ____________ _____________ ____________ ____________ ____________ ____________ ____________ ____________ __
`
`Robert N. Scola, Jr.
`United States District Judge
`
`Petitioner Kiosoft Exhibit 1023
`Page 7
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`Case 1:20-cv-24342-RNS Document 30 Entered on FLSD Docket 04/16/2021 Page 8 of 8
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`Attachment “A” to the Order Of Referral To Mediation:
`Form Order Scheduling Mediation
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`
`United States District Court
`for the
`Southern District of Florida
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`Order Scheduling Mediation
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`_______________________, Plaintiff
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`v.
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`_______________________, Defendant
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`Civil Action No. __________-Civ-Scola
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`The parties will hold the mediation conference in this matter before
` (mediator) on (date) .at (time) .at (location) . The mediator and the parties have
`agreed to this date. The parties may not reschedule the mediation without leave
`of the Court.
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`Done and ordered in chambers, at Miami, Florida, on _________________.
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`________________________________
`Robert N. Scola, Jr.
`United States District Judge
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`Petitioner Kiosoft Exhibit 1023
`Page 8
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