JAMES R. BLACKSTON, BRADLEY W. BARBER Plaintiffs, vs. STATE OF ALABAMA, et. al., Defendants.

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Case No.: 99-A-295-N

ORDER

By separate order entered on this date, the court has granted the plaintiffs' motion to amend the scheduling order entered on 12 March 2001 (Doc. # 98). Accordingly, it is ORDERED by this Court as follows: (See footnote 1) SECTION 1. Pretrial/Trial. A pretrial hearing of this cause is scheduled for 4 October 2002 at 11:00 a.m. in Room 330, Frank M. Johnson, Jr. Federal Building and United States Courthouse, 15 Lee Street, Montgomery, Alabama. SECTION 2. On or before 5 April 2002, each party shall, without awaiting a disclosure request: (A) Provide to other parties the name and, if known, the address and telephone number of each individual believed by it to have discoverable, non-privileged personal knowledge concerning any significant factual issue in the case, appropriately indicating the subjects about which the person has such knowledge; (B) Make available to other parties for inspection and copying, as under Fed.R.Civ.P. 34, all documents, data compilations, and tangible things in its possession, custody, or control that may be used by it to support its contentions with respect to any significant factual issue in the case; (C) Provide to other parties a computation of any category of damages claimed by it, making available for inspection and copying, as under Fed.R.Civ.P. 34, the documents or other evidentiary materials, not privileged or protected from disclosure, on which such computation is based, including materials bearing on the nature and extent of injuries suffered, and (D) Provide to other parties for inspection and copying, as under Fed.R.Civ.P. 34, any insurance agreement under which any person carrying on an insurance business may be liable to satisfy part or all of a judgment which may be entered in the action or to indemnify or reimburse for payments made to satisfy the judgment. A party shall make its initial disclosures based on the information then reasonably available to it and is not excused from making its disclosures because it has not completed its investigation of the case or because it challenges the sufficiency of another party's disclosures or because another party has not made its disclosures. These disclosures are subject to a duty of supplementation within 14 days of when a party learns that in some material respect the information disclosed is incomplete or incorrect and if the additional or corrective information has not otherwise been made known to other parties in the discovery process or in writing. SECTION 3. Any dispositive motions, i.e., motions to dismiss or motions for summary judgment, shall be filed no later than 26 July 2002. A brief and all supporting evidence shall be filed with any such motion. The discussion of the evidence in the brief must be accompanied by a specific reference, by page and line, to where the evidence can be found in a supporting deposition or document. SECTION 4. On or before 16 August 2002, counsel for all parties shall conduct a face-to-face settlement conference at which counsel shall engage in good faith settlement negotiations. If settlement cannot be reached, counsel shall also discuss whether mediation will assist the parties in reaching settlement. On or before 21 August 2002, counsel for the plaintiff shall file a pleading titled "Notice Concerning Settlement Conference and Mediation". This pleading shall indicate whether settlement was reached and, if not, whether the parties believe mediation will assist them in resolving this case short of trial. Information about mediation is attached to this order. SECTION 5. All discovery shall be completed on or before 30 August 2002, except that, as to any witnesses whose names are not revealed until the last day allowed under SECTION 7 or whose names are not revealed with sufficient time for the other parties to take a deposition prior to the pretrial conference, the opposing party shall have the time extended in this paragraph to allow for deposing such witnesses. SECTION 6. On or before 1 August 2002, each party shall disclose to the other parties the identity of any person who may be used at trial to present evidence under Rules 702, 703, or 705 of the Federal Rules of Evidence. This includes any witness who may be asked to give an expert opinion. With respect to a witness who is retained or specially employed to provide expert testimony in the case or whose duties as an employee of the party regularly involve giving expert testimony, this disclosure shall be accompanied by a written report prepared and signed by the witness. The report shall contain a complete statement of all opinions to be expressed and the basis and reasons therefor; the data or other information considered by the witness in forming the opinions; any exhibits to be used as a summary of or support for the opinions; the qualifications of the witness, including a list of all publications authored by the witness within the preceding ten years; the compensation to be paid for the study and testimony; and a listing of any other cases in which the witness has testified as an expert at trial or by deposition within the preceding four years. However, if the evidence is intended solely to contradict or rebut evidence on the same subject matter identified by another party pursuant to this section, the disclosure shall be made within 30 days of the disclosure made by the other party. All disclosures made pursuant to this section are subject to a duty of supplementation within 14 days of when a party learns that in some material respect the information disclosed is incomplete or incorrect and if the additional or corrective information has not otherwise been made known to other parties in the discovery process or in writing. Unless specifically agreed between the parties or allowed by the Court for good cause shown, the parties shall be precluded from calling any witness whose identify should have been disclosed but was not as required by this section. SECTION 7. On or before 13 September 2002, each party shall exchange the names and addresses of all witnesses, separately identifying those whom the party expects to present and those whom the party may call if the need arises. The witness list should include the names of any witnesses required to be disclosed under Paragraph 7. Unless specifically agreed between the parties or allowed by the Court for good cause shown, the parties shall be precluded from calling any witness not so identified. SECTION 8. On or before 18 October 2002, the parties shall identify any part of a deposition or other document that a party expects to use at trial. Adverse parties shall within ONE WEEK THEREAFTER identify any responsive parts of depositions expected to be used, and a party shall within THREE DAYS of the designation of such responsive parts designate any part which is desired as a rebuttal thereto. Unless specifically agreed between the parties or allowed by the Court for good cause shown, the parties shall be precluded from using any part of a deposition or other document not so listed, with the exception of parts of depositions or documents to be used solely for the purpose of impeachment. Except to the extent written notice to the contrary is given prior to the scheduled trial date, each party shall be deemed to have agreed that one of the conditions for admissibility under Rule 32 of the Federal Rules of Civil Procedure is satisfied with respect to any such deposition and that there is no objection to the testimony so designated. SECTION 9. On or before 18 October 2002, the parties shall furnish opposing counsel for copying and inspection all exhibits or tangible evidence to be used at the trial, and proffering counsel shall have such evidence marked for identification prior to trial. Unless specifically agreed between the parties or allowed by the Court for good cause shown, the parties shall be precluded from offering such evidence not so furnished and identified, with the exception of evidence to be used solely for the purpose of impeachment. Except to the extent written notice to the contrary is given no later than SEVEN (7) DAYS PRIOR TO THE SCHEDULED TRIAL DATE, the evidence shall be deemed genuine and admissible in evidence. The written notice shall set forth the grounds and legal authorities. All trial exhibits must be premarked prior to trial. SECTION 10. A trial docket will be mailed to counsel approximately one month prior to a trial term. If a jury trial: The parties shall file any requested voir dire questions, motions in limine fully briefed, and any proposed jury instructions, together with citations of law thereon, ON OR BEFORE TWO WEEKS PRIOR TO THE TRIAL DATE UNLESS SAID TIME IS SHORTENED BY THE COURT ON MOTION OF EITHER PARTY. Trial counsel are DIRECTED to review the jury questionnaire used in this court and to avoid any duplication of matters addressed therein in their voir dire questions. SECTION 11. In cases involving jury trials, the term TRIAL DATE as used in the foregoing deadlines shall mean the date set for jury selection. The trial date will be set at the pretrial hearing or before that date. SECTION 12. The disclosures, exchanges and identifications required by Sections 2,5,7,8, and 9 should be made between or among the parties and should ~ be filed with or submitted to the Court, unless requested by the Court or a party intends that they should be filed in support of some pleading or motion. SECTION 13. If any party has an objection to these deadlines, the party should inform the Court within 14 days from the date of this Order; otherwise, the Court will assume that the deadlines are agreeable to all parties. Unless this Order be modified by subsequent Order of the Court, the provisions herein above set out are binding on the parties. DONE this the 13th day of March, 2002. Footnote #1 - 'THE COURT HAS ADOPTED A UNIFORM SCHEDULING ORDER. Please read this order carefully. The Court has substantially modified its standard scheduling order to impose new responsibilities and deadlines on parties to litigation and to create a uniform scheduling order for use by the judges of this court. These deadlines and responsibilities may not be changed without leave of the court. All parties are expected to comply with this order in a timely manner, without unnecessary requests for extensions of time. IN THE DISTRICT COURT OF THE UNITED STATES MIDDLE DISTRICT OF ALABAMA PROGRAM OF VOLUNTARY MEDIATION This court has established a program of voluntary mediation to assist litigants in resolving their disputes prior to trial. The court stresses that mediation is completely voluntary and confidential. The court strictly enforces the confidentiality of mediation. The court encourages litigants to consider the salutary benefits of resolving at an early stage their dispute through voluntary mediation. Mediation is a process of confidential negotiation through which parties may often achieve results which could not be gained through submission of their case to a jury. Successful mediation saves the substantial time and expense involved with a trial. Successful mediation allows parties to alleviate the risk of trial and, at the same time, permits the parties to play an active role in the final decision about their case. The mediation process generally involves a joint meeting with all parties and counsel to discuss the case and each side's position. After this meeting the mediator will meet with each side individually for a full discussion of that side's case. Throughout the process the goal of the mediator is to assist the parties in negotiating a settlement. Often the mediator will provide to the parties a frank, honest opinion about the strengths and weaknesses of their case. Often an objective viewpoint assists parties in making good decisions about settlement. The scheduling order entered in this case requires that not less than 14 days after the date for filing dispositive motions, counsel for the parties shall personally meet and attempt to reach settlement of the case. If counsel in good faith cannot reach settlement, counsel are also required to consider whether mediation will assist the parties in resolving this case. Within five days after this conference counsel are to notify the trial judge in writing whether they have settled the case and, if not, whether they believe mediation will assist the parties in resolving the case. Upon such notification, the trial judge may assign a mediator to schedule a mediation conference. However, a judge of this court may assign a mediator at any time. Except in extraordinary circumstances the mediator will be a judicial officer. Under the existing internal operating understandings of this court, a non judicial mediator will not be assigned to a case without the knowledge and concurrence of the parties. The court also encourages parties to consider settlement negotiations and mediation well before the time when a settlement conference is required. At any time while a case is pending, the parties may seek assistance in settling their dispute through mediation. DONE this 13th day of March, 2002. VANZETTA PENN McPHERSON UNITED STATES MAGISTRATE JUDGE Back to Lawsuit Page [ Home]---[Search]---[Email]---[Access Page]---[Child Support]