IN THE UNITED STATES DISTRICT COURT FOR

THE MIDDLE DISTRICT OF ALABAMA

SOUTHERN DIVISION

ANGELA DENISE NAILS, ) 

 )

Plaintiff, )

 )

v. ) CIVIL ACTION NO. 1:06cv737-WKW

)

DOTHAN RESCUE MISSION, )

 )

Defendant. )

SCHEDULING ORDER

Under Rule 16 of the Federal Rules of Civil Procedure, as amended, the Court is

required to set a schedule for discovery and the filing of motions. Accordingly, it is

ORDERED by this court as follows:

1. Dispositive Motions. Any dispositive motions, i.e., motions to dismiss or

motions for summary judgment, shall be filed no later than January 29, 2007.

A brief and all supporting evidence shall be filed with any such motion. The

discussion of the evidence in the brief must be accompanied by a specific

reference, by page and line, to the location of the evidence in a supporting

deposition or document.

2. Motions To Amend. Any motions to amend pleadings and to add parties shall

be filed no later than November 28, 2006.

3. Discovery. All discovery shall be completed on or before March 1, 2007.

4. Settlement. Within 14 days after the date upon which dispositive motions are

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due, 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. No more than FIVE (5) DAYS

after this conference, the defendant 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.

5. Deadlines. If any party has an objection to these deadlines, the party should

inform the Court within 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 1st day of November, 2006.

/s/ Susan Russ Walker 

SUSAN RUSS WALKER

UNITED STATES MAGISTRATE JUDGE

Case 1:06-cv-00737-WKW-SRW Document 16 Filed 11/01/2006 Page 2 of 3
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 14 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.

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