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. )

ORDER ON PRETRIAL HEARING

It is ORDERED that:

1. The trial of this matter, which is to last three days, is CONTINUED from October 2,

2007, to October 3, 2007, at 9:00 a.m., in courtroom 2-E, Frank M. Johnson, Jr. U. S. Courthouse

Complex, One Church Street, Montgomery, Alabama. 

2. This case is set for a final pretrial hearing as provided by Rule 16 of the Federal Rules

of Civil Procedure, on October 2, 2007, at 10:00 a.m., in courtroom 2-E, Frank M. Johnson, Jr.

U. S. Courthouse Complex, One Church Street, Montgomery, Alabama.

ALL TRIAL ATTORNEYS must appear at the time above designated and be fully

prepared and authorized to admit all facts that are true. Any pending motions shall be heard at this

time; thus, counsel should be prepared to present oral argument.

3. The parties shall immediately issue trial subpoenas, if any. Any motions to quash

shall be filed on or before September 14, 2007.

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4. Court is open. Should either party wish to close the courtroom or otherwise deny, in

whole or in part, public access to evidence taken at trial, that party shall file a motion, fully briefed

with case citations thereon, on or before September 14, 2007. The non-moving party shall file a

responsive brief on or before September 21, 2007. Reply briefs will not be accepted. 

5. The parties shall exchange Rule 26(a)(3) information on or before

September 14, 2007. The parties shall then exchange Rule 26(a)(3) objections to depositions

designations and to admissibility of evidence on or before September 19, 2007. The parties shall

then confer to resolve any objections. On or before September 24, 2007, the plaintiffs shall file

the JOINTLY prepared witness list, list of deposition designations, and exhibit list, with objections

disclosed thereon. If objections are not so disclosed, other than objections under Rule 402 and 403

of the Federal Rules of Evidence, objections are waived unless excused by the court for good cause.

6. Motions in limine, if any, shall be filed on or before September 24, 2007.

Responses to any motions shall be filed on or before September 28, 2007. Reply briefs will not

be accepted.

7. The parties shall JOINTLY prepare a list ofstipulations of facts. The plaintiffs shall

file this document on or before September 26, 2007.

8. The parties shall each prepare a summary of their contentions and shall each file the

summary on or before September 26, 2007.

9. The parties are not required to file trial briefs before the trial, but if they choose to

do so, the briefs shall be filed on or before September 28, 2007. 

In lieu of closing arguments, the parties shall file briefs after trial. The plaintiffs shall file

their closing brief, with proposed findings of fact and conclusions of law, on or before October 9,

2007. The defendants shall file their responsive brief, with proposed findings of fact and conclusions

of law, on or before October 12, 2007. The plaintiffs may file a reply brief on or before October

15, 2007.

10. At the October 2, 2007 final pretrial hearing, the parties shall each submit three

binders of copies of the pre-marked exhibits for use by the court (judge, law clerk, and courtroom

deputy).

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11. The parties shall review and comply with the Middle District of Alabama’s Order on

the E-Government Act.

12. The parties shall notify Chambers of the undersigned on or before September 14,

2007, regarding any mediation efforts undertaken.

13. The parties have indicated that there are no other disputes at this time. All

understandings, agreements, and deadlines contained in this Order and discussed at the September 5,

2007 pretrial conference shall be binding on all parties unless modified by the Court.

DONE this 7th day of September, 2007.

 /s/ W. Keith Watkins 

UNITED STATES DISTRICT JUDGE

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