IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

EASTERN DIVISION

DAVID FINNEY, )

 )

Plaintiff, )

)

v. ) CASE NO. 3:06-cv-622-WKW

 )

NISSAN NORTH AMERICA, INC., et al., )

 )

Defendants. )

UNIFORM SCHEDULING ORDER

This scheduling order is adopted in light of the amendments to the Federal Rules of

Civil Procedure which became effective on December 1, 2000. Please read this order carefully.

These deadlines and responsibilities may not be changed without leave of Court. All parties

are expected to comply with each and every provision of this order in a timely manner, and

extensions will be granted only in extraordinary and unforeseeable circumstances. The parties

are also expected to comply with the Middle District's Local Rules and the Middle District's

Guidelines to Civil Discovery Practice, both of which can be found at

http://www.almd.uscourts.gov/.

Under Rule 16, 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 as follows:

SECTION 1. A pretrial conference is scheduled for July 23, 2007, in the G. W. Andrews

Federal Building & U. S. Courthouse, 701 Avenue A, Opelika, Alabama. This cause is set for trial

during the term of Court commencing on August 20, 2007 in Opelika, Alabama.

SECTION 2. Dispositive motions, i.e., motions to dismiss or motions for summary

judgment, shall be filed no later than April 24, 2007. A brief and all supporting evidence shall be

filed with any such motion. In all briefs filed by any party relating to the 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. Failure to make such specific

reference will result in the evidence not being considered by the Court.

Briefs in support of or in opposition to any dispositive motion should not exceed 25

pages. In all cases in which briefs exceed 25 pages, counsel must include a table of contents

indicating the main sections of the brief, the principal arguments and citations to primary

authority made in each section, and the pages on which each section and sub-section may be

found.

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The parties shall submit a paper courtesy copy and supporting evidence to the

Chambers of the undersigned. For those submissions (including briefs and evidentiary

materials) that exceed 25 pages, the paper courtesy copy shall be bound in a three-ring binder

and tabbed.

SECTION 3. On or before April 16, 2007, counsel for all parties shall conduct a face-toface 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 more 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. 

SECTION 4. Motions to amend the pleadings and to add parties shall be filed on or before

December 27, 2006.

SECTION 5. Motions for class certification shall be filed on or before January 11, 2006.

A brief addressing the factors enumerated in Rule 23(a), (b) and (g) of the Federal Rules of Civil

Procedure shall be filed with any such motion.

SECTION 6. The failure to file a response to any motion -- either dispositive or nondispositive -- within the time allowed by the Court shall indicate that there is no opposition to the

motion.

SECTION 7. All discovery shall be completed on or before July 9, 2007, except that, as

to any witnesses whose names are not revealed until the last day allowed under SECTION 9 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 deadline in this paragraph extended to

allow for deposing such witnesses.

SECTION 8. The parties shall disclose to each other the identity of ANY person who may

be used at trial to present evidence under Rules 701, 702, 703, or 705 of the Federal Rules of

Evidence, and provide the reports of retained experts or witnesses whose duties as an employee of

the party regularly involved giving expert testimony, required byRule 26(a)(2) of the Federal Rules

of Civil Procedure, as follows:

From the plaintiff(s) – April 24, 2007.

From the defendant(s) – May 24, 2007.

The parties shall comply fully with all requirements of Rule 26(a)(2) in regard to disclosure

of expert testimony.

SECTION 9. On or before July 11, 2007, each party shall, pursuant to the provisions of

Rule 26(a)(3) of the Federal Rules of Civil Procedure, file a list of the names, addresses, and

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telephone numbers of all witnesses, except witnesses to be used solely for impeachment purposes,

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 Section 8. 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 10. On or before July 11, 2007, the parties shall, pursuant to the provisions of

Rule 26(a)(3) of the Federal Rules of Civil Procedure, file deposition designations that the parties

expect to use at trial. Adverse parties shall within ONE WEEK THEREAFTER file deposition

designations expected to be used in response, and a party shall within THREE DAYS of the

designation of such responsive parts file the designation of any part that 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 objections are filed 14 days prior to the 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 11. On or before July 11, 2007, the parties shall, pursuant to the provisions of

Rule 26(a)(3) of the Federal Rules of Civil Procedure, file exhibit lists and furnish opposing counsel

for copying and inspection all exhibits and tangible evidence to be used at the trial. 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 objections are filed no later

than 14 days prior to the trial date, the evidence shall be deemed genuine and admissible in

evidence. The written objections shall set forth the grounds and legal authorities. All trial exhibits

must be premarked prior to trial.

SECTION 12. Except to the extent of any conflict with the deadlines set out herein, the

Discovery Plan contained in the Report of Parties' Planning Meeting, filed October 3, 2007 (Doc.

#19), is adopted and incorporated herein.

SECTION 13: 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 14 DAYS 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. The jury questionnaire is available on the

Court's website at http://www.almd.uscourts.gov/juryinfo.htm.

SECTION 14. In cases involving jury trials, the term TRIAL DATE as used in the foregoing

deadlines shall mean the date set for jury selection.

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SECTION 15. GENERAL PROVISIONS:

(A) All briefs on any matter before the Court must be formal in format and filed with the

Court. The Court does not accept "letter briefs" or "letter reports." 

(B) A request or motion for extension of a deadline in any Court order (i) must be in writing;

(ii) must indicate that movant has, in a timely manner, previously contacted counsel for all other

parties; and (iii), based on that contact, must state whether counsel for all other parties agree to or

oppose the extension request or motion. A request or motion that fails to meet this requirement will

be denied outright, unless the movant offers a credible explanation in the request or motion why this

requirement has not been met. Absent stated unforeseen and unavoidable circumstances beyond the

control of the movant, oral extension requests and motions are not allowed, and "eleventh hour"

extension requests and motions will be denied outright.

(C) The proposed order that a party desires the Court to enter should be submitted to the

Court in both (i) an Adobe Acrobat PDF format attachment to the motion and (ii) by transmitting an

electronic copy of the proposed order to the Court as an attachment to an email message sent to,

propord_watkins@almd.uscourts.gov. For these purposes, the electronic copy should be in

WordPerfect or Word format and not in Adobe Acrobat PDF format. 

(D) 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 is modified by subsequent Order of the Court, the provisions

hereinabove set out are binding on the parties.

DONE this 10th day of October, 2006.

 /s/ W. Keith Watkins 

UNITED STATES DISTRICT JUDGE

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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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NOTICE! NOTICE! NOTICE! NOTICE!

There are advantages to consenting to a trial before a magistrate judge. The principal

advantage is that the magistrate judge does not have a docket such as do the district judges and

is very flexible on giving you a time to try your case. The Court assures you that all four of

our magistrate judges are extremely competent and knowledgeable of the law and the

procedures necessary to try any civil case. As you know, the dockets of the district judges are

very congested. As the magistrate judge will be conducting the discovery proceedings in the

case, he or she will be more familiar with the case than will the district judge. Remember,

however, that if you elect to mediate before the magistrate judge to whom the case is assigned,

that magistrate judge may not then try your case but the case may be assigned to another

magistrate judge if you elect for a magistrate judge to try your case. If you do elect to proceed

to trial before a magistrate judge, you should notify the district judge to whom your case is

assigned so that he, as a matter of courtesy, may telephone the magistrate judge and inform

him or her that you desire to try your case before him or her. The parties are encouraged to

consider this as an alternative in order to speed up the judicial process. The form and notice

of availability of a magistrate judge are attached.

The parties are advised that they are free to withhold their consent without adverse

consequences.

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