Case 1:11-cv-22026-MGC Document 81 Entered on FLSD Docket 09/21/2011 Page 1 of 6 BERND WOLLSCHLAEGER, et al., v. Plaintiffs, FRANK FARMER, et al., Defendants. / UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION CASE NO. 11-22026-Civ-COOKE/TURNOFF JOINT SCHEDULING REPORT Plaintiffs Bernd Wollschlaeger et al. ( Plaintiffs ) and Defendants Frank Farmer et al. ( Defendants ), pursuant to the Court s June 17, 2011 Order Requiring Counsel to File Joint Scheduling Report and Local Rule 16.1(b)(2), hereby file their Joint Scheduling Report. Pursuant to Fed. R. Civ. P. 26(f) and Local Rule 16.1(b), Bruce Manheim, counsel for Plaintiffs, and Jason Vail, counsel for Defendants, met by telephone on September 20, 2011. As noted below, the parties agree that there is no need for future factual development in this case, nor are there any genuine issues of material fact. Thus, the parties agree that there will be no need for any discovery in this matter or for a trial on the merits. The parties agree that the matter can be resolved by converting the preliminary injunction into a permanent injunction. But before doing so, Defendants would like additional time to weigh the benefits of filing supplemental briefing with the Court on certain limited legal issues.
Case 1:11-cv-22026-MGC Document 81 Entered on FLSD Docket 09/21/2011 Page 2 of 6 The parties agree as follows: I. LOCAL RULE 16.1(b)(2) a. Likelihood of Settlement At this time, settlement does not appear likely. b. Likelihood of Appearance in the Action of Additional Parties No additional parties will be appearing in this case. c. Proposed Limits on Time Please refer to the Jointly Proposed Schedule attached hereto as Exhibit A. As noted above, the parties have not submitted deadlines other than a deadline for simultaneous motions for summary judgment. d. Proposals for Formulation and Simplification of Issues The parties agree that no further factual development is necessary. Accordingly, to conserve judicial resources, the parties agree that the matter can be resolved by converting the preliminary injunction into a permanent injunction. But before doing so, Defendants would like additional time to weigh the benefits of filing supplemental briefing with the Court on certain limited legal issues. The parties agree to notify one another by October 14, 2011 whether they believe that further briefing is necessary. If the parties do desire additional briefing on the limited legal issues, they will file simultaneous motions for summary judgment on October 28, 2011. e. Necessity or Desirability of Amendments to Pleadings At this time, no further amendments to pleadings are anticipated. 2
Case 1:11-cv-22026-MGC Document 81 Entered on FLSD Docket 09/21/2011 Page 3 of 6 f. Possibility of Obtaining Admissions of Fact and of Documents The parties agree that no further factual development is necessary. g. Suggestions for Avoidance of Unnecessary Proof and of Cumulative Evidence See Section d above. h. Suggestions on Advisability of Referring Matters to Magistrate Judge or Master Please refer to the Magistrate Judge Jurisdiction Election Form attached hereto as Exhibit B. i. Preliminary Estimate of Time Required for Trial See Section d above. The parties agree that no trial is necessary. j. Requested Date(s) for Conferences Before Trial, Final Pretrial Conference, and Trial Please refer to the Jointly Proposed Schedule attached hereto as Exhibit A and Section d above. k. Any Other Information None at this time. 3
Case 1:11-cv-22026-MGC Document 81 Entered on FLSD Docket 09/21/2011 Page 4 of 6 Dated September 21, 2011. /s/ Edward M. Mullins Edward M. Mullins (Fla. Bar No. 863920) emullins@astidavis.com Hal M. Lucas (Fla. Bar No. 853011) hlucas@astidavis.com Douglas J. Giuliano (Fla. Bar No. 15282) Astigarraga Davis Mullins & Grossman, P.A. 701 Brickell Avenue, 16th Floor Miami, Florida 33131-2847 Tel. (305) 372-8282 / Fax (305) 372-8202 -and- Bruce S. Manheim, Jr.* Bruce.manheim@ropesgray.com Douglas H. Hallward-Driemeier* Douglas.hallward@ropesgray.com Augustine M. Ripa* Augustine.ripa@ropesgray.com Julia M. Lewis* Julia.lewis@ropesgray.com Ropes & Gray LLP 700 12th Street NW, Suite 900 Washington D.C. 2005 Tel. (202) 508-4600 / Fax (202) 383-8332 -and- Jonathan E. Lowy* jlowy@bradymail.org Daniel R. Vice* dvice@bradymail.org Brady Center To Prevent Gun Violence Legal Action Project 1225 Eye Street NW, Suite 1100 Washington, DC 20005 Tel. (202) 289-7319 / Fax (202) 898-0059 *Admitted pro hac vice Counsel for Plaintiffs 4
Case 1:11-cv-22026-MGC Document 81 Entered on FLSD Docket 09/21/2011 Page 5 of 6 /s/ Jason Vail Jason Vail (Fla. Bar No 298824) Jason Vail Jay.vail@myfloridalegal.com Assistant Attorney General Office of the Attorney General PL-01 The Capitol Tallahassee, Florida 32399-1050 Tel. (850) 414-3300 Counsel for Defendants 5
Case 1:11-cv-22026-MGC Document 81 Entered on FLSD Docket 09/21/2011 Page 6 of 6 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on September 21, 2011, I electronically filed the foregoing document with the Clerk of the Court using the CM/ECF filing system. I also certify that the foregoing document is being served this date on all counsel of record or pro se parties on the Service List below in the manner specified, either via transmission of Notices of Electronic Filing generated by the CM/ECF system or in some other authorized manner for those counsel or parties who are not authorized to receive electronically Notices of Electronic Filing. Counsel for Amicus Curiae National Rifle Association Electronically served via CM/ECF By /s/ Edward M Mullins Edward M. Mullins (Fla. Bar No. 863920) SERVICE LIST Wollschlaeger, et al. v. Farmer, et al. Case No. 11-22026-Civ-COOKE/TURNOFF United States District Court, Southern District of Florida Gregory M. Cesarano gcesarano@carltonfields.com Carlton Fields, P.A. Miami Tower 100 Southeast Second Street Suite 4200 Miami, Florida 33131 305-530-0050 Fax: 305-530-0055 Counsel for Amicus Curiae American Civil Liberties Union, et. al. Electronically served via CM/ECF Thomas Richard Julin tjulin@hunton.com Hunton & Williams 1111 Brickell Avenue Suite 2500 Miami, FL 33131 305-810-2516 Fax: 305-810-2460 6
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Case 1:11-cv-22026-MGC Document 81-3 Entered on FLSD Docket 09/21/2011 Page 1 of 2 EXHIBIT C
Case 1:11-cv-22026-MGC Document 81-3 Entered on FLSD Docket 09/21/2011 Page 2 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case. No. 11-22026-Civ-COOKE/TURNOFF BERND WOLLSCHLAEGER, et al., v. Plaintiffs, FRANK FARMER, et al., Defendants. / [PROPOSED] SCHEDULING ORDER THIS MATTER is before the Court upon the parties Joint Scheduling Conference Report filed September 21, 2011. The Court, having reviewed the Joint Scheduling Conference Report hereby ORDERS and ADJUDGES as follows: 1. Simultaneous motions for summary judgment must be filed by October 28, 2011. DONE and ORDERED in chambers, Miami, Florida, this day of, 2011. MARCIA G. COOKE UNITED STATES DISTRICT JUDGE Copies furnished to William C. Turnoff, U.S. Magistrate Judge Counsel of record