IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

SOUTHERN DIVISION

GREAT SOUTHERN WOOD )

PRESERVING, INC., )

)

Plaintiff, )

)

v. ) CIVIL ACTION NO. 1:06cv708-CSC

)

AMERICAN HOME )

ASSURANCE CO. et al., )

)

Defendants. )

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/.

NOTE THAT SECTION 9 IS NEW.

Under FED. R. CIV. P. 16, as amended, the Court is required to set a schedule for the

discovery and the filing of motions. Accordingly, it is

ORDERED as follows:

SECTION 1. As provided in FED. R. CIV. P. 16(d), a final pretrial conference in this

case is set for August 28, 2007, in Montgomery, Alabama, at 11:00 a.m. in Courtroom 4B,

United States Courthouse, One Church Street, Montgomery, Alabama. This conference shall

be attended by at least one of the attorneys who will try the case for each of the parties and

by any party who is not represented by an attorney. The court will address the matters

provided for in Rule 16(c). All motions which have not been submitted or ruled on will be

heard at this time. The parties are DIRECTED to jointly prepare a proposed pretrial order

consistent with the outline attached to this order. The plaintiff shall insure that the original

of the proposed pretrial order is received by the court NOT LATER THAN FIVE

BUSINESS days prior to the pretrial conference by either delivery of the order to chambers

Case 1:06-cv-00708-CSC Document 15 Filed 10/16/2006 Page 1 of 8
2

or by transmitting an electronic copy of the proposed pretrial order to the court as an

attachment to an email message sent to propord_coody@almd.uscourts.gov. For this

purpose, the electronic copy should be in WordPerfect or Word format and not in Adobe

Acrobat PDF format.

This case is set for non-jury trial commencing on October 15, 2007, at 9:00 a.m. in

Dothan, 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 TWENTY-ONE (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 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 whethersettlement wasreached 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 amend the pleadings and to add parties shall be filed

on or before January 12, 2007.

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

30, 2006. A brief discussing the factors and requirements enumerated in FED.R.CIV.P. 23(a),

(b) and (g) 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 August 14, 2007, except

that, as to any witnesses whose names are not revealed until the last day allowed under

SECTION 10 or whose names are not revealed with sufficient time for the other parties to

Case 1:06-cv-00708-CSC Document 15 Filed 10/16/2006 Page 2 of 8
3

take a deposition prior to the pretrial conference, the opposing party shall have the time

extended in this paragraph to allow for deposing such witnesses. Discovery shall be

conducted according to the limitations agreed upon by the parties as set forth in the discovery

plan filed as part of the parties' planning meeting report.

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 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 30, 2007.

From the defendant(s) -- on or before April 6, 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

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_coody@almd.uscourts.gov>. For these purposes,

the electronic copy should be in WordPerfect or Word format and not in Adobe Acrobat PDF

format.

Case 1:06-cv-00708-CSC Document 15 Filed 10/16/2006 Page 3 of 8
4

SECTION 10. On or before September 14, 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, 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 September 14, 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 or other document 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 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 notice to the contrary is given prior to the scheduled 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 12. On or before September 14, 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 notice to the contrary is given no later than SEVEN (7) DAYS PRIOR TO

THE SCHEDULED TRIAL DATE, the evidence shall be deemed genuine and admissible

in evidence. The written notice shall set forth the grounds and legal authorities. All trial

exhibits must be premarked prior to trial.

SECTION 13. Except to the extent of any conflict with the deadlines specified in this

order, the Discovery Plan contained in the FED.R.CIV.P. 26(f) Report of Parties' Planning

Meeting previously filed with the court 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

Case 1:06-cv-00708-CSC Document 15 Filed 10/16/2006 Page 4 of 8
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 FOURTEEN (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 16 day of October, 2006. th

 /s/Charles S. Coody 

CHARLES S. COODY

CHIEF UNITED STATES MAGISTRATE JUDGE

Case 1:06-cv-00708-CSC Document 15 Filed 10/16/2006 Page 5 of 8
IN THE DISTRICT COURT OF THE UNITED STATES

FOR THE MIDDLE DISTRICT OF ALABAMA

__________________ DIVISION

__________________ )

)

Plaintiff, )

)

v. ) CIVIL ACTION NO. ___ - __ - ___ - __

)

__________________ )

)

Defendants. )

ORDER ON PRETRIAL HEARING

A pretrial hearing was held in this case on ______________, _____, during which the

following proceedings were held and actions taken:

1. PARTIES AND TRIAL COUNSEL:

PARTIES TRIAL COUNSEL

Plaintiff(s):

Defendant(s)

COUNSEL APPEARING AT PRETRIAL HEARING:

For Plaintiff(s):

For Defendant(s)

2. JURISDICTION AND VENUE:

3. PLEADINGS. The following pleadings have been allowed:

4. CLAIMS AND DEFENSES OF THE PARTIES:

(a) Plaintiff(s)' Claims: [In this section the plaintiff(s) should (1) state each claim listing

the claim separately; (2) state the statutory or other legal basis for the claim (If the claim is

based on case law give case citations and state the elements of the claim.); and (3) briefly state

the facts supporting each claim.]

(b) Defendant(s)' Defenses: [In this section the defendant(s) should state asto each claim

identified by the plaintiff the affirmative or factual defenses to the claim and a brief statement

of the facts supporting the defense.]

Case 1:06-cv-00708-CSC Document 15 Filed 10/16/2006 Page 6 of 8
5. STIPULATIONS OF FACT BY AND BETWEEN THE PARTIES:

6. This case is set for trial on ___________________________________, commencing at

_______ in __________________________________, Alabama.

7. The plaintiff(s) shall file a trial brief with the court on or before ____________. The

defendant(s) shall file a trial brief with the court on or before ____________.

8. If a jury trial: The parties are ORDERED to file any requested voir dire questions and

any proposed jury instruction, together with citations of law thereon, ON OR BEFORE TWO

WEEKS PRIOR TO THE DATE OF JURY SELECTION UNLESS THE 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. A copy of the questionnaire may be found on

the court's website at http://www.almd.uscourts.gov/juryinfo.htm.

9. Any motions in limine or similar motions must be filed not later than two weeks prior

to the trial date and must be accompanied by a brief. Responses to these motions shall be filed not

later than one week prior to the trial date.

10. All exhibits shall be marked prior to trial with labels which are available from the clerk's

office. In addition to the original exhibits marked for introduction, each party shall have available

copies of each photostatically reproducible exhibit as follows: (1) one copy for each opposing party

and (2) one copy for the court which shall be contained in a notebook with each exhibit tabbed in

the order which counsel expects to introduce the exhibit. On the first day of trial, counsel shall

provide an exhibit list to the court (2 copies) and to each party. The exhibit list shall conform to the

format provided to the parties during the pretrial conference.

11. It is ORDERED that all of the allowances and agreements contained in this order be, and

the same are hereby, binding upon all parties in this case unless this order is hereafter modified by

the court.

Done this ____ day of ____________, ____.

__________________________________________

CHARLES S. COODY

UNITED STATES MAGISTRATE JUDGE

Case 1:06-cv-00708-CSC Document 15 Filed 10/16/2006 Page 7 of 8
8

IN THE DISTRICT COURT OF THE UNITED STATES

MIDDLE DISTRICT OF ALABAMA

PROGRAM OF VOLUNTARY MEDIATION

This court has established a program of voluntary mediation to assist litigants in

resolving their disputes prior to trial. The court stresses that mediation is completely

voluntary and confidential. The court strictly enforces the confidentiality of mediation.

The court encourages litigants to consider the salutary benefits of resolving at an early

stage their dispute through voluntary mediation. Mediation is a process of confidential

negotiation through which parties may often achieve results which could not be gained

through submission of their case to a jury. Successful mediation saves the substantial time

and expense involved with a trial. Successful mediation allows parties to alleviate the risk

of trial and, at the same time, permits the parties to play an active role in the final decision

about their case. The mediation process generally involves a joint meeting with all parties

and counsel to discuss the case and each side's position. After this meeting the mediator will

meet with each side individually for a full discussion of that side's case. Throughout the

process the goal of the mediator is to assist the parties in negotiating a settlement. Often the

mediator will provide to the parties a frank, honest opinion about the strengths and

weaknesses of their case. Often an objective viewpoint assists parties in making good

decisions about settlement. 

 

The scheduling order entered in this case requires that not less than 21 days after the

date for filing dispositive motions, counsel for the parties shall personally meet and attempt

to reach settlement of the case. If counsel in good faith cannot reach settlement, counsel are

also required to consider whether mediation will assist the parties in resolving this case.

Within five days after this conference counsel are to notify the trial judge in writing whether

they have settled the case and, if not, whether they believe mediation will assist the parties

in resolving the case. Upon such notification, the trial judge may assign a mediator to

schedule a mediation conference. However, a judge of this court may assign a mediator at

any time.

Except in extraordinary circumstances the mediator will be a judicial officer. Under

the existing internal operating understandings of this court, a nonjudicial mediator will not

be assigned to a case without the knowledge and concurrence of the parties.

The court also encourages parties to consider settlement negotiations and mediation

well before the time when a settlement conference is required. At any time while a case is

pending, the parties may seek assistance in settling their dispute through mediation.

Case 1:06-cv-00708-CSC Document 15 Filed 10/16/2006 Page 8 of 8