Just filed..
JOINT SCHEDULING REPORT
Pursuant to Federal Rules of Civil Procedure 26(f) and S.D. Fla. Local Rule 16.1.B, the
parties file this Joint Scheduling Report and proposed Scheduling Order.
I. INTRODUCTION
This is a shareholder class action alleging violations of Sections 10(b) and 20(a) of the
Securities Exchange Act of 1934. The operative complaint is the Corrected Consolidated Amended
Class Action Complaint (the “Complaint”) [D.E. No. 32], as amended by this Court’s Order dated
April 4, 2007, granting in part and denying in part the Defendants’ motion to dismiss [D.E. No. 57].
Plaintiffs chose to stand on the remaining allegations in the Complaint and did not amend. Pursuant
to this Court’s Order dated April 30, 2007, Defendants’ Answer is due on or before June 26, 2007
[D.E. No. 63].
On April 24, 2007, the parties conferred by telephone pursuant to Rule 26(f) and with regard
to this scheduling report and order. A proposed Scheduling Order is attached hereto as Exhibit A.
II. SCHEDULING REPORT
A. Initial Disclosures: The parties agree that they will exchange the information
required by Federal Rules of Civil Procedure 26(a) by May 8, 2007 (14 days following the parties’
Rule 26(f) conference).
B. Discovery Schedule: The parties believe that this case should be placed on the
Complex Track described in Local Rule 16.1.A.(2)(c). The parties agree that all fact discovery shall
be completed by 365 days after entry of the Court’s Scheduling Order. The parties further agree that:
1. Class Certification:
a. Plaintiffs shall serve their motion to certify the class within 60 days
after service of the Answer.
b. The parties shall complete all class discovery, and Defendants shall
serve their response to Plaintiffs’ class certification motion, within 60 days thereafter.
c. Any reply brief in support of class certification shall be served by
Plaintiffs within 30 days thereafter.
2. Fact Discovery: The service of interrogatories, requests for admission, and
requests for production consistent with Local Rule 26.1.G may commence immediately, and shall
be completed 275 days after entry of the Court’s Scheduling Order. Service of all such fact
discovery requests must be completed 30 days prior to the close of fact discovery. Apart from the
exceptions noted above and below, all discovery shall proceed in accordance with the Federal Rules
of Civil Procedure and the Local Rules of this Court (including General Appendix A thereto).
Defendants propose, and Plaintiffs agree, to limit the length of all depositions to seven (7) hours,
including breaks, except those depositions requiring the presence of an interpreter. The parties
reserve the right to seek modifications of this rule for specific deponents.
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3. Expert Discovery: Plaintiffs shall file their expert disclosures pursuant to
Federal Rules of Civil Procedure 26(a)(2)(A) and (B), within 30 days after the close of fact
discovery. Defendants’ expert disclosures pursuant to Federal Rules of Civil Procedure 26(a)(2)
shall be made within 60 days after the close of fact discovery. Plaintiffs shall file any rebuttal within
90 days of the close of fact discovery. The parties agree that they will produce their respective expert
witness(es) for deposition without requiring them to be formally subpoenaed, and that the parties
shall complete discovery concerning all experts, including their depositions, no later than the close
of discovery.
C. Settlement Discussion: The parties believe that settlement is possible and are
engaged in settlement talks.
D. Time to Join Other Parties or to Amend Pleadings: The parties request 90 days
from the time Defendants serve their Answer to join other parties and/or to amend the pleadings.
Defendants currently do not anticipate adding parties. Plaintiffs are currently unable to evaluate
whether additional parties will be joined.
E. Motions: The parties agree that the deadline for filing dispositive pretrial motions
and memoranda of law, including motions for summary judgment or partial summary judgment,
should be no later than 90 days after the close of all discovery. The parties further agree that the
party opposing a potentially dispositive motion shall have 45 days to serve a response in opposition
to such motion, and that the moving party shall have 45 days following any response in opposition
to serve a reply. The parties propose that the deadline for filing motions in limine and pretrial
motions other than dispositive motions should be 60 days prior to trial. Responsive briefs shall be
served no later than 30 days prior to trial and replies shall be served no later than 15 days prior to
trial.
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F. Stipulations and Avoidance of Unnecessary Proof: The parties will seek to obtain
admissions and stipulations on undisputed facts. The parties will also work together to stipulate to
authenticity and/or admissibility of documents and other evidence, or to narrow any objections to
authenticity or admissibility. The parties will meet to discuss the stipulation of facts and the
authentication of documents at least 10 days prior to trial.
G. Advisability of Referring to Magistrate: The parties do not consent at this time to
referring this matter for trial to a United States Magistrate.
H. Estimate Time Required for Trial: The parties estimate that 15 trial days will be
required for the trial of this matter.
I. Requested Dates for Pretrial Conference and Trial: The parties request that the
final pretrial conference be held two weeks before the trial date.
Dated: May 3, 2007
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