IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

WILLIAM D. BOWDEN, )

)

Plaintiff, )

)

v. ) Civil Action No.: 2:06-CV-665

)

MISSION PETROLEUM CARRIERS, )

ANTONIO MARTINEZ NAVARRO )

)

Defendants. )

REPORT OF PARTIES

PLANNING MEETING

Pursuant to Fed.R.Civ.P. 26(f), a meeting was held on August 8, 2006 via telephone and

was attended by James Bodin for the Plaintiff, and Caroline Pryor for the Defendant, Mission

Petroleum Carriers (hereinafter referred to as “Defendant”). Defendant, Antonio M. Navarro has

not yet been served and has not entered an appearance. As a result, Defendant Antonio Navarro

did not participate in the planning meeting.

Because Defendant Navarro has not been served, counsel for Plaintiff cannot commit to a

discovery schedule and proposed trial setting at this time. Plaintiff’s counsel continues to attempt

to serve Mr. Navarro in Texas. Counsel for Bowden and Mission Petroleum Carriers agree that

to the following schedule, assuming Bowden is able to serve Navarro in the near future. If

Bowden is unable to serve Navarro, he will need to seek leave of court for additional time in

which to conduct discovery as well as a possible new trial setting. 

The parties jointly propose the following discovery and trial schedule:

1. Pre-discovery disclosures. The parties will exchange by August 28, 2006, the

Case 2:06-cv-00665-WHA-WC Document 6 Filed 08/09/2006 Page 1 of 5
information required by Fed.R.Civ.P. 26(a)(1). 

2. Discovery Plan. The parties jointly propose to the Court the following discovery plan:

discovery will be needed on the following subjects: 

a. liability, causation, and the facts surrounding this wreck which occurred on May 13,

2004, at the intersection of Alabama Highways 106 and 10 and Interstate I-65 in Montgomery

County, Alabama; 

b. Mr. Bowden’s claimed injury, including medical treatment, the extent of injury,

nature of injuries, whether the injuries are permanent or temporary, insurance coverage; the

amount of medical bills, subrogation claims, and worker’s compensation claims; 

c. elements of damages claimed by Plaintiff Bowden.

d. Defendants’ defenses, the scope of Defendant Navarro’s employment with Defendant

Mission and training and instruction Navarro received concerning highway safety procedures

involving commercial vehicles, including but not limited to the Federal Safety Motor Carriers’

Act and similar regulations.

e. Issues contained in the Plaintiff’s complaint and the Defendants’ answers.

All discovery commencing time to be completed by April 15, 2007, with the exception of

medical expert witnesses who may be deposed until May 31, 2007. 

Maximum of 40 interrogatories by each party to any other party with responses due 30

days after service.

Maximum of 20 requests for production by each party to any other party with responses

due 30 days after service.

Maximum of 20 requests for admissions by each party to any other party with responses

due 30 days after service.

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For lay witnesses, maximum of 6 depositions by Plaintiff and 6 depositions by each

Defendant. For expert witnesses, a maximum of 6 depositions by Plaintiff and 6 depositions by

each Defendant. For medical expert witnesses and/or physicians who treated the Plaintiff, the

parties agree that the witnesses’ testimony may be taken by deposition and entered into the trial

record in lieu of live trial testimony by these expert witnesses. Each deposition, whether expert

or lay, is limited to a maximum of 6 hours unless extended by agreement of parties. 

3. Reports from retained experts under Rule 26 (a)(2)d: 

From the Plaintiff by January 9, 2007, and from the Defendants by

February 9, 2007.

Supplementation under Rule 26 (e)(d) due 30 days prior to the close of discovery. 

4. Other items:

The parties do not request a conference with the Court before entry of the scheduling

order.

The parties request a pretrial conference in June, 2007.

Plaintiff to be allowed until January 8, 2007 to join additional parties and to amend the

pleadings.

Defendant should be allowed until January 22, 2007 to join parties and amend the

pleadings.

All potentially dispositive motions shall be filed by March 15, 2007. 

Settlement is a possibility but can not be evaluated until the final disclosure of expert

witnesses. Parties request the opportunity to choose their own mediator should they believe

mediation will facilitate the resolution of this matter.

Final list of witnesses and exhibits under Rule 26 (a)(3) should be due from all parties by

Case 2:06-cv-00665-WHA-WC Document 6 Filed 08/09/2006 Page 3 of 5
April 9, 2007. 

Parties should have 10 days after service of final list of witnesses and exhibits to list

objections and Rule 26(a)(3). 

This case should be ready for trial by July 2007, and at this time is expected to take

approximately two days. 

No other matters.

Done this 9th day of August, 2006.

Respectfully submitted,

 /s/ James G. Bodin 

JAMES G. BODIN (BOD005)

Attorney for Plaintiff William Bowden

OF COUNSEL

McPhillips, Shinbaum, L.L.P.

Post Office Box 64

Montgomery, Alabama 36101-0064

(334) 262-1911

lawtalk2@hotmail.com

 /s/ Caroline T. Pryor 

VINCENT A. NOLETTO, JR. (NOL008)

CAROLINE T. PRYOR (PRY005)

Attorneys for Defendant, Mission Petroleum

Carriers

OF COUNSEL:

CARR ALLISON

P.O. Box 1126

Daphne, AL 36526

251-626-9340

ctp@carrallison.com

Case 2:06-cv-00665-WHA-WC Document 6 Filed 08/09/2006 Page 4 of 5
CERTIFICATE OF SERVICE

I do hereby certify that I have on this 9th day of August , 2006, served a copy of

the foregoing on the following, by placing a copy of same in the United States Mail, first-class

postage prepaid and properly addressed to the following:

Antonio Martinez Navarro

2052 Des Jardines

Houston, Texas 77023

 /s/ James G. Bodin 

OF COUNSEL

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