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ORDER SETTING PRETRIAL DATE

AND PRETRIAL SCHEDULE

PAGE -1

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

PROPET USA, INC.,

Plaintiff,

v.

LLOYD SHUGART,

Defendant.

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CASE NO. C06-186-MAT

SECOND

AMENDED

ORDER SETTING TRIAL DATE AND

PRETRIAL SCHEDULE

The Court, having reviewed the Joint Status Report as submitted by the parties in this case,

hereby amends the trial date and pretrial schedule as follows:

DATES

FIVE DAY JURY TRIAL SET FOR 9:30 a.m. on September 24, 2007

Deadline for joining additional parties N/A

Reports of expert witnesses under FRCP 26(a)(2) DUE N/A

All motions related to discovery must be FILED by and noted on

the motion calendar no later than the third Friday thereafter

(see CR7(d))

May 2, 2007

Discovery to be COMPLETED by May 16, 2007

All dispositive motions must be FILED by and noted on the

motion calendar no later than the fourth Friday thereafter (see CR

7(d))

June 18, 2007

Settlement conference per CR 39.1(c)(2) HELD no later than July 16, 2007

Mediation per CR 39.1(c)(3) HELD no later than August 20, 2007

Case 2:06-cv-00186-MAT Document 57 Filed 03/21/07 Page 1 of 3
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DATES

ORDER SETTING PRETRIAL DATE

AND PRETRIAL SCHEDULE

PAGE -2

All motions in limine must be FILED by this date and noted on

the motion calendar no later than the second Friday after filing

August 24, 2007

Agreed pretrial order DUE September 12, 2007

Trial briefs, proposed voir dire questions, proposed jury

instructions and trial exhibits DUE (see below)

September 17, 2007

Counsel are to confer and indicate with their submissions which

exhibits are agreed to by both sides. Proposed Jury Instructions

shall conform to the Local Rule CR51. Counsel are requested to

furnish the Court with a copy of the un-cited Jury Instructions on

computer disc, preferably in Word Perfect format.

Pretrial conference scheduled in chambers

COUNSEL WITH PRINCIPAL TRIAL RESPONSIBILITY

MUST ATTEND

September 19, 2007

@ 8:30 a.m.

The dates set forth in this order are firm dates that can be changed only by order of the

Court, not by agreement of counsel for the parties. The Court will alter these dates only upon

good cause shown. Failure to complete discovery within the time allowed is not recognized as

good cause. These dates are set at the direction of the Court after reviewing the joint status report

and discovery plan submitted by the parties. All other dates are specified in the Local Civil Rules.

If any of the dates identified in this Order or the Local Civil Rules fall on a weekend or federal

holiday, the act or event shall be performed on the next business day.

If the trial date assigned to this matter creates an irreconcilable conflict , counsel must

notify Deputy Clerk Judy Thomas in writing within 10 days of the date of this Order and must set

forth the exact nature of the conflict. A failure to do so will be deemed a waiver. Counsel must

be prepared to begin trial on the date scheduled, but it should be understood that the trial may

have to await the completion of other cases.

COOPERATION

As required by CR 37(a), all discovery matters are to be resolved by agreement if possible.

Counsel are further directed to cooperate in preparing the final pretrial order in the format

required by CR 16.1, except as ordered below.

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ORDER SETTING PRETRIAL DATE

AND PRETRIAL SCHEDULE

PAGE -3

EXHIBITS

The original and one copy of the trial exhibits are to be delivered to Judge Theiler’s

chambers five days before the trial date. Each exhibit shall be clearly marked. The Court hereby

alters the CR 16.1 procedure for numbering exhibits: plaintiff(s)’ exhibits shall be numbered

consecutively beginning with 1; defendant(s)’ exhibits shall be numbered consecutively beginning

with the next number not used by plaintiff. Duplicate documents shall not be listed twice. Once

a party has identified an exhibit in the pretrial order, it may be used by any party. Each set of

exhibits shall be submitted in a three-ring binder with appropriately-numbered tabs.

SETTLEMENT

If this case settles, plaintiff(s)’counsel shall notify Judy Thomas at (206) 370-8420 or via

email at Judy_Thomas@wawd.uscourts.gov as soon as possible. Pursuant to GR 3(b), an

attorney who fails to give the Deputy Clerk prompt notice of settlement may be subject to such

discipline as the Court deems appropriate.

The Clerk is directed to send copies of this Order to all parties of record.

DATED this 16th day of March, 2007.

 A Mary Alice Theiler

 U.S. Magistrate Judge

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