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 AMERICAN, INC., et al., )

)

Defendants. )

ORDER

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

(Doc. # 49), it is ORDERED that the motion is GRANTED. The current scheduling orders are

AMENDED as follows:

SECTION 1. A pretrial conference is scheduled for February 1, 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 March

10, 2008, in Opelika, Alabama.

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

summary judgment, shall be filed no later than December 10, 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

reference will result in the evidence not being considered by the court.

SECTION 3. No later than December 31, 2007, 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 January 18,

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 December 10, 2007.

From the defendant(s), on or before January 4, 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 February 11, 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 February 11, 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

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Procedure is satisfied with respect to any such deposition and that there is no

objection to the 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 February 11, 2008, the parties shall, pursuant

to the provisions of Rule 26(a)(3) ofthe 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. 

DONE this 4th day of April, 2007.

 /s/ W. Keith Watkins 

UNITED STATES DISTRICT JUDGE 

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