IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

SOUTHERN DIVISION

PATRICIA BURKETT, Administratrix of the )

Estate of JEREMY BURKETT, deceased, )

)

Plaintiff, )

) 1:06-CV-00775-DRB

v. )

)

TIMOTHY EUGENE McCRAY and )

S. E. LUMBER COMPANY, )

)

Defendants. )

)

ORDER

After the Court’s review ofthisfile for entry of appropriate scheduling orders, it is, for good

cause, ORDERED as follows:

1. Filing of Consents for Assignment to Magistrate Judge

The record reflects the Clerk’s transmittal of notice to the plaintiff and to the defendants on

August 29, 2006, of the random assignment of this civil case to a United States Magistrate Judge,

who is authorized by 28 U.S.C. § 636(c) to conduct any and all proceedings in a jury or non-jury

civil case and to order the entry of final judgment upon the consent of all parties to a case. Any

appeal from a judgment entered by a Magistrate Judge is taken directly to the United States Court

of Appeals for the Eleventh Circuit in the same manner as any appeal from any judgment entered in

this court. Any party to this lawsuit has the right to consent to, or decline to consent to, the exercise

of jurisdiction of a Magistrate Judge, without adverse consequences. Counsel for the parties are

DIRECTED to execute and send to the Clerk, for receipt not later than September 19, 2006,

either the attached form for consent to the Magistrate Judge’s exercise or jurisdiction or the

Case 1:06-cv-00775-TFM Document 3 Filed 09/08/2006 Page 1 of 6
2

attached form for reassignment of this case to the District Judge.

2. Rule 26(f) Conference and Report

Pursuant to FED. R. CIV. P. 26(f) and M.D. Ala. LR 26.2(b), the parties shall confer as soon

as practicable “to consider the nature and basis of their claims and defenses and the possibilities for

a prompt settlement or resolution of the case,to make or arrange for the disclosures required by Rule

26(a)(1), and to develop a proposed discovery plan. The attorneys of record and all unrepresented

parties are jointly responsible for arranging the conference, for attempting in good faith to agree on

the proposed discovery plan, and for submitting to the court a written report outlining the plan. The

Rule 26(f) report containing the discovery plan shall be filed as soon as practicable but not later

than October 12, 2006. The report of the parties should comply with Form 35 , Appendix of

Forms to the Federal Rules of Civil Procedure.

3. Dispositive Motions

The longstanding practice in this district is that dispositive motions shall be filed no later than

90 days prior to the pretrial date. If the parties seek to vary from that schedule, they should present,

in the plan, specific case-related reasons for the requested variance. 

4. Scheduling for Trial

The court may or may not hold a scheduling conference before issuing a scheduling order, and

counsel may indicate any preference on the Rule 26(f) report. If the court sets a scheduling

conference, counsel may participate by conference call as circumstances may warrant.

This case will be set for trial during one of the assigned judge's regularly scheduled civil trial

terms. The pretrial date is normally set within four to six weeks of a scheduled trial term. The dates

of each judge's civil trial terms are available on the court's website located at http://almd.uscourts.gov

Case 1:06-cv-00775-TFM Document 3 Filed 09/08/2006 Page 2 of 6
3

in the civil case information section.

The scheduling order entered by the court will follow the form of the Uniform Scheduling

Order adopted by the judges of this court. The Uniform Scheduling Order is also available on the

court's website.

DONE this 8 day of September, 2006. th

/s/ Delores R. Boyd

DELORES R. BOYD

UNITED STATES MAGISTRATE JUDGE

Case 1:06-cv-00775-TFM Document 3 Filed 09/08/2006 Page 3 of 6
IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

SOUTHERN DIVISION

PATRICIA BURKETT, Administratrix of the )

Estate of JEREMY BURKETT, deceased, )

)

Plaintiff, )

) 1:06-CV-00775-DRB

v. )

)

TIMOTHY EUGENE McCRAY and )

S. E. LUMBER COMPANY, )

)

Defendants. )

)

CONSENT TO JURISDICTION BY A UNITED STATES MAGISTRATE JUDGE

In accordance with the provisions of Title 28, U.S.C. § 636(c), the undersigned party or

parties to the above-captioned civil matter who previously have indicated their consent to the

jurisdiction of a Magistrate Judge of this Court, hereby confirm in writing their consent to a United

States Magistrate Judge conducting any and all further proceedings in the case, including trial, and

ordering the entry of a final judgment.

_______________________ ________________________________________

Date Signature

________________________________________

Counsel For (print name of all parties)

________________________________________

Address, City, State, Zip Code

_________________________________________

Telephone Number

DO NOT FILE THIS DOCUMENT ELECTRONICALLY. PLEASE MAIL IT TO:

Clerk, U.S. District Court

P. O. Box. 711

Montgomery, AL 36101

Case 1:06-cv-00775-TFM Document 3 Filed 09/08/2006 Page 4 of 6
IN THE DISTRICT COURT OF THE UNITED STATES

FOR THE MIDDLE DISTRICT OF ALABAMA

EXPLANATION OF ASSIGNMENT TO 

UNITED STATES MAGISTRATE JUDGE

This civil case has been randomly assigned to a United States Magistrate Judge ofthis court.

In accordance with 28 U.S.C. § 636(c), the Magistrate Judges of this court are designated to conduct

any and all proceedings in a jury or nonjury civil case and order the entry of final judgment upon the

consent of all parties to a case. Any appeal from a judgment entered by a Magistrate Judge is taken

directly to the United States Court of Appeals for the Eleventh Circuit in the same manner as any

appeal from any judgment entered in this court.

Any party to this lawsuit has the right to consent or decline consent to the jurisdiction of a

Magistrate Judge. To exercise your right to consent you should complete the consent form and

return it to the Clerk of the Court as indicated in the court’s order. Litigants, without concern for

any adverse consequences, freely may decline consent to the jurisdiction of a Magistrate Judge. If

you decline consent to the jurisdiction of a Magistrate Judge, this case will be reassigned randomly

to a District Judge.

Case 1:06-cv-00775-TFM Document 3 Filed 09/08/2006 Page 5 of 6
IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

SOUTHERN DIVISION

PATRICIA BURKETT, Administratrix of the )

Estate of JEREMY BURKETT, deceased, )

)

Plaintiff, )

) 1:06-CV-00775-DRB

v. )

)

TIMOTHY EUGENE McCRAY and )

S. E. LUMBER COMPANY, )

)

Defendants. )

)

REQUEST FOR REASSIGNMENT OF CASE

TO A UNITED STATES DISTRICT JUDGE

The undersigned party hereby declines to consent to the Magistrate Judge’s exercise of civil

jurisdiction in this case. The undersigned party requests reassignment of this case to a United States

District Judge.

______________________ _______________________________________________

Date Signature

___________________________________________________

Counsel For (print name of all parties)

___________________________________________________

Address, City, State Zip Code

___________________________________________________

Telephone Number

DO NOT FILE THIS DOCUMENT ELECTRONICALLY. PLEASE MAIL IT TO:

Clerk, U.S. District Court

P. O. Box. 711

Montgomery, AL 36101

Case 1:06-cv-00775-TFM Document 3 Filed 09/08/2006 Page 6 of 6