IN THE DISTRICT COURT OF THE UNITED STATES

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

LEROY WILLIAMS, )

 )

Plaintiff, )

 ) CIVIL ACTION NO. 2:06cv658-ID

v. )

 )

STATE OF ALABAMA DEP'T OF )

TRANSPORTATION, 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 this order in a timely manner, without

unnecessary requests for extensions of time. The parties also are 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 15th day of June,

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

commencing on the 23rd day of July, 2007, in Montgomery, Alabama. 

 

SECTION 2. Any dispositive motions, i.e., motions to dismiss or motions for

summary judgment, shall be filed no later than March 5, 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. On or before TWENTY-ONE DAYS after the deadline for the filing

of dispositive motions, counsel for all parties shall conduct a face-to-face settlement

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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 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 and to amend the pleadings shall be filed

no later than November 1, 2006, for Plaintiff(s), and no later than December 1, 2006, for

Defendant(s). 

SECTION 5. The failure to file a response to any motion -- either dispositive or

non-dispositive -- within the time allowed by the court shall indicate that there is no

opposition to the motion.

SECTION 6. All discovery shall be completed on or before June 7, 2007, except

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

SECTION 8 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 time extended

in this paragraph to allow for deposing such witness.

SECTION 7. 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. The disclosure deadline is January 15,

2007, for Plaintiff(s), and February 15, 2007, for Defendant(s).

The parties shall comply fully with all requirements of Rule 26(a)(2) in regard to

disclosure of expert testimony.

SECTION 8. 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

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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_dement@almd.uscourts.gov>. For these purposes, the

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

format.

SECTION 9. No later than THIRTY DAYS PRIOR TO THE TRIAL DATE,

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 7. 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. On or before TWENTY-ONE DAYS PRIOR TO THE TRIAL

DATE, 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 SEVEN DAYS 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 objections are served

and filed within ELEVEN DAYS of 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

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

the testimony so designated.

SECTION 11. On or before THIRTY DAYS PRIOR TO THE TRIAL DATE,

the parties shall, pursuant to the provisions of Rule 26(a)(3) of the Federal Rules of Civil

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4

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

TWENTY-ONE 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 12: Except to the extent of any conflict with the deadlines set out above,

the Discovery Plan contained in the Report of Parties' Planning Meeting (Doc. No. 7) is

adopted and incorporated herein.

SECTION 13. If a jury trial: The parties shall file any requested voir dire

questions, motions in limine fully briefed, and proposed jury instructions, together with

citations of law thereon, ON OR BEFORE TWENTY-ONE DAYS 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 14. In cases involving jury trials, the term TRIAL DATE as used in the

foregoing deadlines shall mean the date set for jury selection.

SECTION 15. If any party has an objection to these deadlines, the party should

inform the Court within FOURTEEN DAYS from the date of this Order; otherwise, the

Court will assume that the deadlines are agreeable to all parties. Unless this Order is

modified by subsequent Order of the Court, the provisions hereinabove set out are binding

on the parties.

DONE this 30th day of August, 2006.

 /s/ Ira DeMent 

SENIOR UNITED STATES DISTRICT JUDGE

Case 2:06-cv-00658-TFM Document 8 Filed 08/30/2006 Page 4 of 7
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 more 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 2:06-cv-00658-TFM Document 8 Filed 08/30/2006 Page 5 of 7
NOTICE! NOTICE! NOTICE! NOTICE!

There are advantages to consenting to a trial before a magistrate

judge. The principal advantage is that the magistrate judge does not have

a docket such as do the district judges and is very flexible on giving you

a time to try your case. The court assures you that all four of our

magistrate judges are extremely competent and knowledgeable of the law

and the procedures necessary to try any civil case. As you know, the

dockets of the district judges are very congested. As the magistrate judge

will be conducting the discovery proceedings in the case, he or she will be

more familiar with the case than will the district judge. Remember,

however, that if you elect to mediate before the magistrate judge to whom

the case is assigned, that magistrate judge may not then try your case but

the case may be assigned to another magistrate judge if you elect for a

magistrate judge to try your case. If you do elect to proceed to trial before

a magistrate judge, you should notify the district judge to whom your case

is assigned so that he, as a matter of courtesy, may telephone the magistrate

judge and inform him or her that you desire to try your case before him or

her. The parties are encouraged to consider this as an alternative in order

to speed up the judicial process. The form and notice of availability of a

magistrate judge are attached.

The parties are advised that they are free to withhold their consent

without adverse consequences.

Case 2:06-cv-00658-TFM Document 8 Filed 08/30/2006 Page 6 of 7
OAO 85 (Rev. 8/98) Notice, Consent, and Order of Reference — Exercise of Jurisdiction by a United States Magistrate Judge

UNITED STATES DISTRICT COURT

District of

NOTICE, CONSENT, AND ORDER OF REFERENCE —

EXERCISE OF JURISDICTION BY A UNITED STATES

Plaintiff MAGISTRATE JUDGE

V.

Case Number:

Defendant

NOTICE OF AVAILABILITY OF A UNITED STATES MAGISTRATE JUDGE

TO EXERCISE JURISDICTION

In accordance with the provisions of 28 U.S.C. §636(c), and Fed.R.Civ.P. 73, you are notified that a United States magistrate judge

of this district court is available to conduct any or all proceedings in this case including a jury or nonjury trial, and to order the entry of a final

judgment. Exercise of this jurisdiction by a magistrate judge is, however, permitted only if all parties voluntarily consent.

You may, without adverse substantive consequences, withhold your consent, but this will prevent the court’s jurisdiction from being

exercised by a magistrate judge. If any party withholds consent, the identity of the parties consenting or withholding consent will not be

communicated to any magistrate judge or to the district judge to whom the case has been assigned.

An appeal from a judgment entered by a magistrate judge shall be taken directly to the United States court of appeals for this judicial

circuit in the same manner as an appeal from any other judgment of this district court.

CONSENT TO THE EXERCISE OF JURISDICTION BY A UNITED STATES MAGISTRATE JUDGE

In accordance with provisions of 28 U.S.C. §636(c) and Fed.R.Civ.P. 73, the parties in this case consent to have a United States

magistrate judge conduct any and all proceedings in this case, including the trial, order the entry of a final judgment, and conduct all postjudgment proceedings.

Party Represented Signatures Date

ORDER OF REFERENCE

IT IS ORDERED that this case be referred to

United States Magistrate Judge, to conduct all proceedings and order the entry of judgment in accordance with 28 U.S.C. §636(c) and

Fed.R.Civ.P. 73.

Date United States District Judge

NOTE: RETURN THIS FORM TO THE CLERK OF THE COURT ONLY IF ALL PARTIES HAVE CONSENTED 

ON THIS FORM TO THE EXERCISE OF JURISDICTION BY A UNITED STATES MAGISTRATE JUDGE.

***DO NOT FILE THIS DOCUMENT ELECTRONICALLY***

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