IN THE DISTRICT COURT OF THE UNITED STATES

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

WILLIE MCNAIR, )

)

Plaintiff/Counter-Defendant, )

)

v. ) Case No. 2:06-cv-695-WKW

)

RICHARD ALLEN, et al., )

)

Defendants/Counter-Plaintiffs. )

____________________________________

)

JAMES CALLAHAN, )

)

Plaintiff/Counter-Defendant, )

)

v. ) Case No. 2:06-cv-919-WKW

)

RICHARD ALLEN, et al., )

)

Defendants/Counter-Plaintiffs. )

MODIFIED UNIFORM SCHEDULING ORDER

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 May 31, 2007, at 1:30 p.m., in

Montgomery, Alabama. This cause is set for trial on June 25, 2007 in Montgomery, Alabama.

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

judgment, shall be filed no later than May 28, 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

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 At least one attorney for each party shall conduct the face-to-face settlement conference.

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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.

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 May 21, 2007, counsel for all parties shall conduct a face-to- 1

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. 

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

February 28, 2007.

SECTION 5. 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 6. All fact discovery shall be completed on or before March 30, 2007, and all

expert discovery shall be completed on or before April 30, 2007, except that, as to any witnesses

whose names are not revealed until the last day allowed under SECTION 8 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 7. 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:

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From the plaintiff(s) – April 6, 2007.

From the defendant(s) – April 6, 2007.

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

of expert testimony.

SECTION 8. On or before May 28, 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

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 7. 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 9. On or before May 28, 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 10. On or before May 28, 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 11. 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 on November 27, 2006

(Doc. # 24), is adopted and incorporated herein.

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SECTION 12. 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 28th day of November, 2006.

 /s/ W. Keith Watkins 

UNITED STATES DISTRICT JUDGE

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