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IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

SOUTHERN DIVISION

NICHOLAS STRICKLAND, et al., )

)

Plaintiffs, )

)

v. ) Case No. 1:06-cv-682-TFM

)

CHAMPION HOME BUILDERS CO., INC. )

)

Defendant. )

AMENDED SCHEDULING ORDER

Pursuant to the request of the parties an Amended Scheduling Order is issued. The

parties shall still refer to the original Scheduling Order (Doc. 34) for any dates not

specifically impacted by this Amended Scheduling Order.

SECTION 1. TRIAL DATE: The jury trial shall commence on June 23, 2008,

with jury selection at 10:00 a.m., in the Frank M. Johnson, Jr. United States Courthouse

Complex, One Church Street, Montgomery, Alabama. in Montgomery, Alabama.

As provided in Fed.R.Civ.P. 16(d), a final pretrial conference in this case, is set at

10:00 a.m., on April 24, 2008, in District Courtroom 4A, Frank M. Johnson, Jr. United

States Courthouse Complex, One Church Street, Montgomery, Alabama. This conference

shall be attended by at least one of the attorneys who will try the case for each of the parties

and by any party who is not represented by an attorney. The court will address the matters

provided for in Rule 16 (c). All motions which have not been submitted or ruled on will be

heard at this time. The parties are DIRECTED to prepare jointly a proposed pretrial

order consistent with the outline available on the court’s website. The plaintiff shall

ensure that the original of the proposed pretrial order is received by the court April 17, 2008;

the order shall be transmitted in WordPerfect (preferred) or Microsoft Word format to

propord_moorer@almd.uscourts.gov

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

summary judgment, shall be filed no later than February 18, 2008. A brief and all

supporting evidence shall be filed with any such motion. In all briefs filed by any party

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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 March 14, 2008, 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. Not less than FIVE (5) DAYS after this

conference (March 21, 2008), 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 7. All discovery shall be completed on or before January 18, 2008,

except that, as to any witnesses whose names are not revealed with 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 9. Pursuant to the provisions of Rule 26(a)(3) of the Federal Rules of

Civil Procedure, the parties shall exchange, the names, addresses and telephone numbers of

all witnesses, except witnesses solely for impeachment purposes, 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 8. 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.

From Plaintiff(s): January 28, 2008

From Defendant(s): February 11, 2008

SECTION 10. 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 that a party expects to use

at trial. 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 not so listed,

with the exception of parts of depositions to be used solely for the purpose of impeachment.

Except to the extent written objections are served and filed within SEVEN 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.

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Though the parties proposed December 31, 2007 and January 31, 2008 1

respectively for Section 11, since the discovery period does not end until January 18, 2008, the

Court feels it appropriate to put the deadline for Section 11 as ending after the discovery

deadline and coinciding with Sections 9 and 10. 

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From Plaintiff(s): January 28, 2008

From Defendant(s): February 11, 2008

The parties shall within SEVEN DAYS of the designation of such responsive parts

designate any part which is desired as a rebuttal thereto. 

SECTION 11. 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 evidence to be used at the trial, and proffering counsel shall have such

evidence marked for identification prior to trial. 

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From Plaintiff(s): January 28, 2008

From Defendant(s): February 11, 2008

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 TWO WEEKS

PRIOR TO THE SCHEDULED TRIAL DATE, the evidence shall be deemed genuine and

admissible in evidence. The written objections shall set forth the grounds and legal

authorities. All trial exhibits must be premarked prior to trial.

DONE this 20th day of December, 2007.

/s/Terry F. Moorer

TERRY F. MOORER

UNITED STATES MAGISTRATE JUDGE

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