IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

EASTERN DIVISION

ELIZABETH LYNNE HUTCHINSON, )

)

Plaintiff, )

)

vs. ) CIVIL ACTION NO. 3:06cv700-WHA

)

PHENIX CITY BOARD OF EDUCATION, )

)

Defendant. )

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 23rd day of July,

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

commencing on the 20th day of August, 2007, in Opelika, 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,

counsel shall also discuss whether mediation will assist the parties in reaching settlement. Not

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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 add parties shall be filed on or before December 1, 2006

and to amend the pleadings otherwise on or before January 1, 2007.

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

16, 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 1, 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 February 1, 2007

From the defendant(s) - On or before March 1, 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

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

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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 July 2, 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 July 2, 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 July 16,

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 July 2, 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 July 12, 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 September 13,

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 September, 2006.

/s/ W. Harold Albritton 

W. HAROLD ALBRITTON

SENIOR UNITED STATES DISTRICT JUDGE

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