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IN THE UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF ALABAMA 

NORTHERN DIVISION

MARIE TOOLE and CHRIS TOOLE, )

)

Plaintiffs, )

)

v. ) CASE NO. 2:06-cv-00652-MHT

)

MATTHEW CHUPP; DON BRAMLETT )

and ALFA INSURANCE COMPANY )

and fictitious defendants A-F, )

)

Defendants. )

REPORT OF PARTIES’ PLANNING MEETING

1. Pursuant to Fed.R.Civ.P.26(f), the following attorneys conferred on or

about September 25, 2006:

Jim S. Calton, Jr., counsel for Plaintiff.

Randall Morgan, counsel for Defendants Matthew Chupp and Don

Bramlett.

2. Pre-Discovery Disclosures. The Parties will exchange the information

required by Fed.R.Civ.P.26(a)(1) by October 16, 2006.

3. Discovery Plan. Discovery will be required on the allegations made in

Plaintiff’s complaint and the defenses raised in Defendant’s answer. The parties

jointly propose to the court the following discovery plan:

a. All discovery commenced in time to be completed by the pre-trial

conference;

b. A total of 40 Interrogatories and 40 Requests for Production by

the Plaintiff and by each Defendant to any other party.

Responses due thirty (30) days after service.

c. A total of 30 Requests for Admission by the Plaintiff and by each

Defendant to any other party. Responses due thirty (30) days

after service.

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d. The parties have agreed to limit depositions to a total of five (5) on

behalf of either party except by agreement of the parties or for

good cause.

e. Each deposition, except for experts, shall be limited to a maximum

of four (4) hours unless extended by agreement of parties. Expert

depositions shall be limited to a maximum of six (6) hours unless

extended by agreement of parties.

f. Reports from retained experts under Rule 26(a)(2) due:

From Plaintiff by January 8, 2007.

From Defendant by February 8, 2007.

g. The parties agree to supplement discovery pursuant to Rule

26(e).

4. Other items.

a. The parties do not request a conference with the court before

entry of the Scheduling Order. To the extent the Court prefers to

hold such a conference, the parties respectfully request that it be

handled telephonically.

b. The parties request a pre-trial conference in April, 2007.

c. Plaintiff should be allowed until November 15, 2006, to join

additional parties and until November 15, 2006, to amend

pleadings.

d. Defendant should be allowed until December 15, 2006, to join

additional parties and until December 15, 2006, to amend

pleadings.

e. All potentially dispositive motions should be filed ninety days

before pre-trial conference.

f. As this matter has only recently been filed, settlement cannot be

evaluated at this time, although the parties are hopeful that they

will be able to reach an amicable resolution of this matter and will

negotiate in good faith in this regard.

g. Final lists of witnesses under Rule 26(a)(3) should be due: 

From Plaintiff by twenty-one (21) days before pre-trial conference.

From Defendant by twenty-one (21) days before pre-trial

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conference.

h. Final lists of exhibits under Rule 26(a)(3) should be due twentyone (21) days before trial date.

I. Parties shall have fourteen (14) days after service of final lists of

witnesses to list objections under Rule 26(a)(3). 

j. Parties shall have fourteen (14) days after service of exhibit lists

to file objections.

The case should be ready for trial by July 23, 2007, and at this time is expected

to take approximately two days.

 /s/ Jim S. Calton, Jr. 

Jim S. Calton, Jr. (CAL052)

Attorney for Plaintiffs Marie Toole and

Chris Toole

OF COUNSEL:

Calton & Calton

226 East Broad Street

P O Box 895

Eufaula, AL 36072

 /s/ Randall Morgan 

RANDALL MORGAN [MOR037]

Attorney for Defendants Matthew

Chupp and Don Bramlett

OF COUNSEL:

HILL, HILL, CARTER, FRANCO,

COLE & BLACK, P.C.

425 South Perry Street

P.O. Box 116

Montgomery, AL 36101-0116

(334) 834-7600

(334) 263-5969 - FAX

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