Royal Palace Hotel Associates, Inc. v. International Resort Classics, Inc.

178 F.R.D. 595, 1998 U.S. Dist. LEXIS 10434, 1998 WL 128057
CourtDistrict Court, M.D. Florida
DecidedJanuary 16, 1998
DocketNo. 96-36-CIV-ORL-22C
StatusPublished
Cited by1 cases

This text of 178 F.R.D. 595 (Royal Palace Hotel Associates, Inc. v. International Resort Classics, Inc.) is published on Counsel Stack Legal Research, covering District Court, M.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Royal Palace Hotel Associates, Inc. v. International Resort Classics, Inc., 178 F.R.D. 595, 1998 U.S. Dist. LEXIS 10434, 1998 WL 128057 (M.D. Fla. 1998).

Opinion

GLAZEBROOK, United States Magistrate Judge.

I. CHRONOLOGY OF PROCEEDINGS

On March 19, 1996, the Honorable Anne C. Conway ordered the parties to file a pretrial statement on or before March 28, 1997. Docket No. 25. Judge Conway ordered lead trial counsel to “meet in person to comply with the requirements of Local Rule 3.06(b).” Docket No. 25 at 1 — 2 (emphasis in Judge Conway’s order). Judge Conway also ordered that the case be fully ready for trial at the time of the final pretrial conference; that “[l]ead trial counsel are required to attend this Conference unless excused”; and that all counsel must be prepared to accomplish the purposes set forth in Fed.R.Civ.P. 16 and Local Rule 3.06. Docket No. 25 at 3 (emphasis in Judge Conway’s order). In bold print, Judge Conway warned counsel of the regular practice in the United States District Court for the Middle District of Florida to impose sanctions — which may include dismissal of the case or the striking of pleadings — if counsel fail to appear in person at the final pretrial conference or fail to comply with the other requirements of the scheduling order. Docket No. 25 at 5. Judge Conway referred the case on consent to the undersigned on March 7, 1997. Docket No. 55.

Eight days before the parties were required to file their pretrial stipulation pursuant to Judge Conway’s scheduling order, the undersigned entered an amended (i.e. second) scheduling order. See Docket No. 57 filed March 20,1997. The second scheduling order allowed the parties until October 17, 1997 to file the pretrial statement, and set the final pretrial conference for 10:00 a.m. on Monday, October 27, 1997. Docket No. 57. At the parties’ request, the Court set aside three days for a non-jury trial beginning on a date certain — Monday, November 10, 1997— thirteen days (ten working days) after the final pretrial conference. The second scheduling order repeated each of Judge Conway’s previous warnings. Docket No. 57 at 2, 3, 5.

[597]*597By order of October 16, 1997, this Court denied Royal Palace’s motion for summary judgment. Docket No. 76. There remained a material issue of fact as to the central issue — whether the parties had orally modified the written agreement pursuant to Florida contract law. Docket No. 76. Review of the various pleadings and other documents on file, however, brought to the Court’s attention a flurry of peripheral issues and non-central contentions that were likely subject to stipulation, resolution, or determination before trial. See, e.g., Trial Brief of Royal Palace, Docket No. 78.

The United States Court of Appeals for the Eleventh Circuit has repeatedly warned trial judges that they must “crunch down” or “boil down” cases to the central issues before trial. With this admonition in mind, the Court anticipated the filing of a joint pretrial statement that complied with the rules and the Court’s orders — i.e., that contained stipulations on uncontested, peripheral, and background issues of fact and law, together with witness lists and exhibits lists. An effective joint pretrial statement is a critical element in focusing and preparing a case for trial. The final pretrial statement and pretrial order integrate and supplant all pleadings, and control the course of the trial. See Local Rule 3.06(e); Fed.R.Civ.P. 16(e).

On October 17, 1998, the parties failed to file the joint pretrial statement. Rather, Royal Palace filed a motion for leave to file a unilateral pretrial statement and for sanctions. Docket No. 77. Royal Palace represented that it had been in contact with IRC’s lead counsel, Melvin Teitelbaum, on several occasions in an effort to prepare the joint pretrial statement, but that Teitelbaum had provided almost no input, and had refused to work toward preparing the statement on October 16 and 17 due to Jewish holidays (presumably unanticipated). Docket No. 77 at 1 — 2. The final pretrial conference scheduled for October 27, 1997 was approaching rapidly, and Royal Palace was in final preparation for trial.

A final pretrial conference is held to review the joint pretrial statement to assure that the parties have complied with all aspects of Local Rule 3.06(b), (c) and (e); to formulate and simplify the issues remaining for trial; to eliminate frivolous claims and defenses; and to arrive at stipulations, admissions, and advance rulings on evidence. See Fed. R.Civ.P. 16(c). The Court requires the parties to resolve peripheral, unnecessary, and cumulative matters by stipulations of fact and law, and to exchange final marked exhibits, exhibit lists, and witness lists. Because an effective final pretrial conference is critical to efficient ease management and effective preparation for trial, both the rules and scheduling orders (in bold print) mandate that lead trial counsel for each party must attend unless excused. Local Rule 3.06(d); Docket No. 25 at 3; Docket No. 57 at 4; see also Fed.R.Civ.P. 16(c) — (d). During the week before the final pretrial conference, Teitelbaum telephoned chambers to say that he might not be able to personally attend the final pretrial conference on October 27,1998. At the undersigned’s direction, a law clerk instructed Teitelbaum that he must personally attend as lead trial counsel.

IRC filed no motion for an extension of time to file a joint pretrial statement. The Court would have granted a very brief extension had IRC asked for one. IRC filed no memorandum in opposition to Royal Palace’s motion for sanctions. IRC filed no motion to excuse lead counsel from attending the final pretrial conference.

The Court convened the final pretrial conference on October 27, 1997, as scheduled. Docket No. 79. Royal Palace’s lead trial counsel traveled from Chicago, Illinois to appear at the final pretrial conference on October 27, 1997. Along with local counsel, he was prepared to proceed. Docket No. 79. The Court was prepared to ask Teitelbaum to state whether Royal Palace’s representations in its motion for sanctions were accurate; to explain what he had done to prepare the joint pretrial statement as ordered; and to state what he had done regarding the matters listed in Local Rule 3.06(b) — (c) and Fed.R.Civ.P. 16(c).

Teitelbaum, however, failed to appear. Docket No. 79. Teitelbaum had sent in his place a local attorney who was not lead trial counsel, who was largely unfamiliar with the proceedings, and who was unprepared to ad[598]*598dress the specific issues on the pretrial conference agenda. With trial set to commence in thirteen days, Teitelbaum had neither completed nor attempted to complete a joint pretrial statement, and had chosen not to appear at the final pretrial conference to explain why the Court should not impose sanctions.

II. IRC MOVES FOR RELIEF FROM DEFAULT JUDGMENT AND SANCTIONS

On November 17, 1997, the Court granted Royal Palace’s motion for sanctions. Docket No. 80. After carefully weighing the options,1 the Court struck IRC’s pleadings, and entered a default against IRC on Royal Palace’s complaint. Docket No.

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Bluebook (online)
178 F.R.D. 595, 1998 U.S. Dist. LEXIS 10434, 1998 WL 128057, Counsel Stack Legal Research, https://law.counselstack.com/opinion/royal-palace-hotel-associates-inc-v-international-resort-classics-inc-flmd-1998.