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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 21-2989-MDL-ALTONAGA/Damian
In re:
JANUARY 2021 SHORT SQUEEZE
TRADING LITIGATION
_________________________________/
This Document Relates to the Securities Tranche
ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING
MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE
THIS CAUSE is set for trial during the Court’s two-week trial calendar beginning on
August 12, 2024. Calendar call will be held at 9:00 a.m. on Tuesday, August 6, 2024. No pre-
trial conference will be held unless a party requests one and the Court determines that one is
necessary. The parties shall adhere to the following schedule:
October 28, 2022. The parties shall select a mediator in accordance with Local Rule 16.2;
schedule a time, date, and place for mediation; and jointly file a proposed order
scheduling
mediation
in
the
form
specified
on
the
Court’s
website,
http://www.flsd.uscourts.gov. If the parties cannot agree on a mediator, they shall notify
the Clerk in writing as soon as possible, and the Clerk shall designate a certified mediator
on a blind rotation basis. Counsel for all parties shall familiarize themselves with and
adhere to all provisions of Local Rule 16.2. Within seven (7) days of mediation, the parties
are required to file a mediation report with the Court. In accordance with the procedures
outlined in the CM/ECF Administrative Procedures, the proposed order must be emailed
to altonaga@flsd.uscourts.gov in Word format.
January 17, 2023. All motions to amend pleadings or join parties are filed.
February 16, 2023. Parties exchange expert witness summaries or reports on issues of
class certification.1
March 28, 2023. Parties exchange rebuttal expert witness summaries or reports on issues
of class certification.
1 The bifurcation of discovery in this Scheduling Order does not preclude the parties from engaging in
merits discovery during the pre-class certification period, unless otherwise agreed to or ordered by the
Court.
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April 28, 2023. Deadline for completing class certification discovery.
April 28, 2023. Plaintiffs file motion for class certification.
June 7, 2023. Defendants file combined response to motion for class certification.
June 30, 2023. Plaintiffs file their reply memorandum in support of motion for class
certification.
December 18, 2023. Parties exchange expert witness summaries or reports.
February 16, 2024. Parties exchange rebuttal expert witness summaries or reports.
March 15, 2024. All discovery, including expert discovery, is completed.2
March 29, 2024. Parties must have completed mediation and filed a mediation report.
April 26, 2024. All pre-trial motions and Daubert motions (which include motions to strike
experts) are filed. Each party is limited to filing one Daubert motion. If all evidentiary
issues cannot be addressed in a 20-page memorandum, leave to exceed the page limit will
be granted. The parties are reminded that Daubert motions must contain the Local
Rule 7.1(a)(3) certification.
June 14, 2024. Parties must file and submit joint pre-trial stipulation, proposed jury
instructions and verdict form, or proposed findings of fact and conclusions of law, as
applicable, and motions in limine (other than Daubert motions). Each party is limited to
filing one motion in limine which may exceed the page limits allowed by the Rules. The
parties are reminded that motions in limine must contain the Local Rule 7.1(a)(3)
certification.
Jury Instructions and Verdict Form. The parties shall submit their proposed jury
instructions and verdict form jointly, although they need not agree on each proposed instruction.
Where the parties do not agree on a proposed instruction, that instruction shall be set forth in bold
type. Instructions proposed only by a plaintiff shall be underlined. Instructions proposed only by
a defendant shall be italicized. Every instruction must be supported by citation to authority. The
parties shall use as a guide the Eleventh Circuit Pattern Jury Instructions for Civil Cases, including
the directions to counsel contained therein. Proposed jury instructions and verdict form, in typed
2 The parties by agreement, and/or Magistrate Judge Damian, may extend this deadline, so long as such
extension does not impact any of the other deadlines contained in this Scheduling Order.
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form, including substantive charges and defenses, shall be filed and submitted to the Court prior
to calendar call, in Word format, via e-mail to altonaga@flsd.uscourts.gov. Instructions for filing
proposed documents may be viewed at http://www.flsd.uscourts.gov.
Referral to Magistrate Judge. Pursuant to 28 U.S.C. § 636 and this District’s Magistrate
Judge Rules, all discovery matters are referred to Magistrate Judge Melissa Damian. Furthermore,
in accordance with 28 U.S.C. § 636(c)(1), the parties may consent to trial and final disposition by
Magistrate Judge Damian. The deadline for submitting a consent is April 26, 2024.
Discovery. The parties may stipulate to extend the time to answer interrogatories, produce
documents, and answer requests for admissions. The parties shall not file with the Court notices
or motions memorializing any such stipulation unless the stipulation interferes with the deadlines
set forth above. Stipulations that would so interfere may be made only with the Court’s approval.
See FED. R. CIV. P. 29. In addition to the documents enumerated in Local Rule 26.1(b), the parties
shall not file notices of deposition with the Court. Strict compliance with the Local Rules is
expected, particularly with regard to motion practice. See S.D. FLA. L.R. 7.1.
Discovery Disputes. The parties shall comply with the discovery procedures provided in
the document titled, “Discovery Procedures for Magistrate Judge Melissa Damian,” available on
the Court’s website. No written discovery motions, including motions to compel, for
protective order, or related motions for sanctions shall be filed. Counsel must actually confer
and engage in reasonable compromise in a genuine effort to resolve their discovery disputes before
seeking the Court’s intervention. The Court may impose sanctions, monetary or otherwise, if it
determines discovery is being improperly sought or is being withheld in bad faith. If, after
conferring, the parties are unable to resolve their discovery dispute without Court intervention, the
moving party must seek relief within fifteen (15) days of the occurrence of the grounds for relief
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by filing a discovery memorandum, seeking, for example, to compel or for protective order. After
filing a discovery memorandum, the moving party may request a discovery hearing by sending an
email to Damian@flsd.uscourts.gov with the subject line: “Request for Discovery Hearing on
[Case Number].” Specific requirements for that email are outlined in the “Discovery Procedures
for Magistrate Judge Melissa Damian” document available on the Court’s website.
DONE AND ORDERED in Miami, Florida, this 7th day of October, 2022.
________________________________________
CECILIA M. ALTONAGA
CHIEF UNITED STATES DISTRICT JUDGE
cc:
counsel of record
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