IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

ELISHA JAMES, )

)

Plaintiff, )

)

v. ) CIVIL ACTION NO. 2:06cv768-ID

)

THERMASYS CORP., )

)

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 20th day of

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

of court commencing on the 28th day of January, 2008, in Montgomery, Alabama. 

 

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

summary judgment, shall be filed no later than September 18, 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

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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 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. 

SECTION 4. Any motions to amend the pleadings and to add parties shall be

filed no later than December 19, 2006, for Plaintiff(s) and no later than January 19,

2007, 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 November 26, 2007

2007, except that, as to any witnesses whose names are not revealed until the last day

allowed under SECTION 9 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 September

18, 2007, for Plaintiff(s), and October 16, 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 parties agree to or oppose the extension request or motion. A request or

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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

Procedure, furnish opposing counsel for copying and inspection all exhibits or tangible

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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.

29) 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 16th day of October, 2006.

 /s/ Ira DeMent 

SENIOR UNITED STATES DISTRICT JUDGE

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