IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

WILLIAM D. BOWDEN, )

)

Plaintiff, )

)

vs. ) CIVIL ACTION NO. 2:06cv665-WHA

)

MISSION PETROLEUM CARRIERS, )

et al., )

)

Defendants. )

UNIFORM SCHEDULING ORDER

PLEASE READ THIS ORDER CAREFULLY. These deadlines and responsibilities

may not be changed without leave of the court. All parties are expected to comply with

each and every provision of this order in a timely manner, and extensions will be granted

in only extraordinary 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 the discovery and the filing of motions. Accordingly, it is ORDERED by this

Court as follows:

SECTION 1. A pretrial hearing of this case is scheduled for the 30th day of May,

2007, in Montgomery, Alabama, and this cause is set for trial during the term of court

commencing on the 9th day of July, 2007, in Montgomery, Alabama. 

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

judgment, shall be filed no later than NINETY (90) DAYS prior to the pretrial hearing. 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.

SECTION 3. On or before (21) DAYS after the deadline for the filing of dispositive

motions, 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,

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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.

SECTION 4. Any motions to amend the pleadings and to add parties shall be filed on or

before January 8, 2007 by the Plaintiff and January 22, 2007 by the Defendants.

SECTION 5. Any motion for class certification shall be filed on or before November

13, 2006. A brief discussing the factors and requirements 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 April 15, 2007, except

that, as to any witness whose name is not revealed until the last day allowed under SECTION 10,

the opposing party shall have the time extended in this paragraph to allow for deposing such

witness.

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, and provide the

reports of retained experts or witnesses whose duties as an employee of the party regularly

involve giving expert testimony, required by Rule 26(a)(2) of the Federal Rules of Civil

Procedure, as follows:

From the plaintiff(s) - On or before January 9, 2007

From the defendant(s) - On or before February 9, 2007

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

disclosure of expert testimony.

SECTION 9. 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

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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) Any proposed order that a party desires the court to enter should be submitted to the

court in both (a) an Adobe Acrobat PDF format attachment to the motion and (b) by transmitting

an electronic copy of the proposed pretrial order to the court as an attachment to an email

message sent to <propord_albritton@almd.uscourts.gov>. For these purposes, the electronic

copy should be in WordPerfect or Word format and not in Adobe Acrobat PDF format

SECTION 10. On or before April 9, 2007, each party shall, pursuant to the provisions

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

telephone numbers of all witnesses, except witnesses 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 Paragraph 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 11. On or before April 9, 2007, the parties shall, pursuant to the provisions

of Rule 26(a)(3) of the Federal Rules of Civil Procedure, identify any part of a deposition 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 not so

listed, with the exception of parts of depositions to be used solely for the purpose of

impeachment. Except to the extent written objections are served and filed on or before April

19, 2007, 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 12. On or before April 9, 2007, the parties shall, pursuant to the provisions

of Rule 26(a)(3) of the Federal Rules of Civil Procedure, 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 objections are served

and filed no later than April 19, 2007, 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.

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SECTION 13. Except to the extent of any conflict with deadlines set out above, the

Discovery Plan contained in the Report of Parties' Planning Meeting, filed on August 9, 2006, is

adopted and incorporated herein.

SECTION 14. 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. The jury questionnaire is

available on the court's website at http://www.almd.uscourts.gov/juryinfo.htm.

SECTION 15. In cases involving jury trials, the term TRIAL DATE as used in the

foregoing deadlines shall mean the date set for jury selection.

SECTION 16. 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 14th day of August, 2006.

/s/ W. Harold Albritton 

W. HAROLD ALBRITTON

SENIOR 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 21 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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UNITED STATES DISTRICT COURT

________________________________________ District of __________________________________

NOTICE, CONSENT, AND ORDER OF REFERENCE --

 Plaintiff EXERCISE OF JURISDICTION BY A UNITED STATES

 v. MAGISTRATE JUDGE 

Case Number: 

 Defendant 

NOTICE OF AVAILABILITY OF A UNITED STATES MAGISTRATE JUDGE 

TO EXERCISE JURISDICTION

 In accordance with the provisions of Title 28, U.S.C. 636(c), and Fed.R.Civ.P. 73, you are hereby notified that a United States magistrate

judge of this district court is available to conduct any or all proceedings in this case including a jury or nonjury trial, and to order entry of a

final judgment. Exercise of this jurisdiction by a magistrate judge is, however, permitted only if all parties voluntarily consent. 

 You may, without adverse substantive consequences, withhold your consent, but this will prevent the court's jurisdiction from being

exercised by a magistrate judge. If any party withholds consent, the identity of the parties consenting or withholding consent will not be

communicated to any magistrate judge or to the district judge to whom the case has been assigned.

 An appeal from a judgment entered by a magistrate judge may be taken directly to the United States court of appeals for this judicial circuit

in the same manner as an appeal from any other judgment of a district court.

CONSENT TO EXERCISE OF JURISDICTION BY A MAGISTRATE JUDGE

 In accordance with the provisions of 28 U.S.C. 636(c) and Fed.R.Civ.P. 73, the parties in this case consent to have a United States

magistrate judge conduct any and all further proceedings in the case, including the trial, and order the entry of a final judgment, and conduct all

post-judgment proceedings.

Party Represented Signatures Date

 _____________________________________ _______________________________________ _____________

 _____________________________________ _______________________________________ _____________

 _____________________________________ _______________________________________ _____________

 _____________________________________ _______________________________________ _____________

ORDER OF REFERENCE

 IT IS HEREBY ORDERED that this case be referred to the Honorable _________________________________________________,

United States Magistrate Judge, to conduct all proceedings and order the entry of judgment in accordance with 28 U.S.C. 636(c) and

Fed.R.Civ.P. 73.

____________________ ________________________________________________________________

Date United States District Judge

NOTE: RETURN THIS FORM TO THE CLERK OF THE COURT ONLY IF ALL PARTIES HAVE CONSENTED ON THIS FORM TO

THE EXERCISE OF JURISDICTION BY A UNITED STATES MAGISTRATE JUDGE.

 ***DO NOT FILE THIS DOCUMENT ELECTRONICALLY***

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