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. )

ORDER

Upon consideration of the Joint Motion by All Parties to Extend Scheduling Order

(Doc. # 63), it is ORDERED that the motion is GRANTED. The current scheduling orders are

AMENDED as follows:

SECTION 1. A pretrial conference is scheduled for June 2, 2008, 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 June

30, 2008, in Opelika, Alabama.

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

summary judgment, shall be filed no later than February 28, 2008. 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. No later than March 25, 2008, 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

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.

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SECTION 7. All discovery shall be completed on or before May 19, 2008,

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 by Rule 26(a)(2) of the Federal Rules of Civil Procedure, as

follows:

From the plaintiff(s), on or before March 4, 2008.

From the defendant(s), on or before April 3, 2008.

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

to disclosure of expert testimony.

SECTION 9. No later than May 21, 2008, 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 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 anywitnesses 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. No later than May 21, 2008, 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

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testimony so designated. Objections shall state with particularity the portions

objected to, and the objecting party shall attach a copy of the portions to which the

objections apply.

SECTION 11. No later than May 21, 2008, 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, the evidence shall be deemed genuine and admissible in

evidence. Objections shall be filed 14 days prior to the trial date, and shall set forth

the grounds and legal authorities. The offering party shall file a written response to

the objections no later than 7 days prior to trial and shall include a premarked copy

of the evidence at issue. 

SECTION 12. All provisions of the prior scheduling order (Doc. #53) shall

remain in full force and effect unless amended herein.

DONE this 27th day of November, 2007.

 /s/ W. Keith Watkins 

UNITED STATES DISTRICT JUDGE

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