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This case was referred to the undersigned Magistrate Judge for all pretrial dispositions. Upon the parties’
completion of pretrial proceedings, the District Judge will enter an order setting the case for pretrial conference
and for trial. In the meantime, however, under Rule 16 of the Federal Rules of Civil Procedure, as amended, the
Court is required to set a schedule for discovery and the filing of motions. Accordingly, it is ORDERED by this
court as follows:
1. Initial Disclosure. On 1 May 2001, order, 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. 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.
A party shall make its initial disclosures based on the information then reasonable 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 a party’s learning that, in some material respect, the
information disclosed is incomplete or incorrect, or if the additional or corrective information has not otherwise
been made known to other parties in the discovery process or in writing.
2. Dispositive Motions. Any additional dispositive motions, i.e., motions to dismiss or motions for
summary judgment, shall be filed no later than 17 September 2001. 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 the location of the evidence in a supporting deposition or document.
3. Motions To Amend. Any motions to amend the pleadings or to add parties shall be filed no later
no later than 1 June 2001.
4. Discovery. All discovery shall be completed on or before 1 October 2001.
5. Settlement. Within 14 days after the date upon which dispositive motions are due, 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.
Not less than FIVE (5) DAYS after this conference, 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.
6. Expert Witnesses. On or before 4 September 2001, 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. 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 therefore
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 identity should have been disclosed but was not as required by this
section.
7. Exchange of Witness Lists. On or before 19 October 2001, 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.
8. Deposition and Document Excerpts. On or before 26 October 2001, 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.
9. Exchange of Trial Exhibits. On or before 26 October 2001, 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.
10. Stipulated Facts. The parties shall no later than FIVE DAYS prior to the scheduled trial date
file a joint, concise statement of stipulated facts. In the interest of saving trial time, parties should make
a good faith effort to stipulate to facts which are not in dispute. Failure to comply with this requirement will
subject parties or counsel to appropriate sanctions. In cases involving jury trials, the term TRIAL DATE as used
in the foregoing deadlines shall mean the date set for jury selection.
11. Non-filing with Court. The disclosures, exchanges and identifications required by Sections 6,
7, 8, and 9 should be made between or among the parties and should not 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.
12. Objections. 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 hereinabove set out
are binding on the parties.
DONE this 12th day of March 2001.
VANZETTA MCPHERSON
UNITED STATES MAGISTRATE JUDGE
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 nonjudicial 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.
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