UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

MARY E. ALLEN, et al.,

Plaintiffs,

3:10-CV-00142/MCR-CJK

v.

SCHOOL BOARD FOR SANTA

ROSA COUNTY, FLORIDA, et al.,

Defendants.

/

PARTIES’ JOINTLY PROPOSED DISCOVERY PLAN

In accordance with the Court’s Notice of Discovery Conference (Doc. 119), the Parties 

provide the following information:

I. Initial Disclosures

a. Rule 26(a)(1) Disclosures

1. Allen Plaintiffs – proposed deadline of April 22, 2011

2. Doe Plaintiffs – proposed deadline of April 15, 2011

3. Defendants – proposed deadline of April 18, 2011 

b. Rule 26(a)(1)(A)(iii) – Parties agree to postpone disclosures regarding 

damages until the determination of liability.

c. Rule 26(a)(2)(A) Disclosures – None of the Parties anticipate introducing 

expert witness testimony. In the event that an expert witness is to be used, 

the Parties agree to a disclosure deadline of April 22, 2011, with a twenty-one 

(21) day rebuttal witness disclosure deadline, if any.

d. Supplemental disclosures should be made as soon as reasonably possible 

after the Parties become aware of the need to supplement.
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II. Deadline to Respond to Written Discovery

a. Allen Plaintiffs – propose fourteen (14) day response deadline. When 

requested, a party shall reasonably grant an additional 7 days extension 

without leave of court, provided that extension would not interfere with a 

deposition, discovery cut-off or trial.

b. Doe Plaintiffs – propose fourteen (14) day response deadline. When 

requested, a party shall agree to an additional 5 days for good cause (i.e., 

unanticipated or intervening cause) without leave of court. Should additional 

time be requested by a party or the parties disagree as to whether good 

cause exists, the party responding to discovery shall seek leave of court for 

an extension.

c. Defendants – propose fourteen (14) day response deadline. An additional 5 

days with good cause shown may be granted as ordered by the Magistrate 

Judge. 

III. Depositions

a. Number/Length

1. Allen Plaintiffs – propose no limits on the number of depositions 

but limiting the deposition hours to seventy (70) by the Allen

Plaintiffs, and seventy (70) by the Doe Parties and Defendants for 

a total of one-hundred forty (140) hours of depositions.

2. Doe Plaintiffs – propose limiting the total hours of depositions for 

each party-group (Allen Plaintiffs, Doe Plaintiffs, and Defendants) 

to seventy-five (75) hours, exclusive of the time used to depose 

the Allen Plaintiffs. Any party may move upon a showing of good 

cause for an increase in the maximum time for depositions of nonAllen Plaintiffs.
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3. Defendants – propose limiting the total hours of depositions for 

each party-group (Allen Plaintiffs, Doe Plaintiffs, and Defendants) 

to seventy-five (75) hours, exclusive of the time used to depose 

the Allen Plaintiffs. Any party may move upon a showing of good 

cause for an increase in the maximum time for depositions of nonAllen Plaintiffs.

b. Combination of Deposition Limitations

1. Allen Plaintiffs – propose that the Doe Plaintiffs and Defendants 

share in any limitations on the number or length of depositions.

2. Doe Plaintiffs – propose that each party group (Allen Plaintiffs, 

Doe Plaintiffs, and Defendants) be permitted the same number of 

depositions or same number of total hours allowed as the other 

party groups.

3. Defendants – propose that each party group (Allen Plaintiffs, Doe 

Plaintiffs, and Defendants) be permitted the same number of 

depositions or same number of total hours allowed as the other 

party groups.

c. Scheduling – the Parties have discussed tentative dates for taking 

depositions and dates for specific depositions have been requested, but no 

depositions have been scheduled to date.

IV. Response Time for Motions for Protective of Order and Motions to Compel

a. Allen Plaintiffs – propose 7 day response deadline.

b. Doe Plaintiffs – propose 3 day response deadline.

c. Defendants – propose 5 day response deadline.

V. Discovery Deadline – Parties agree to discovery cutoff date of June 27, 2011.
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VI. Trial Date – Parties agree to a trial date of July 7, 2011 and anticipate a ten (10) 

day trial.

Dated this 12th day of April, 2011.

Respectfully submitted,

/s/ Horatio G. Mihet /s/Robert J. Sniffen___

HORATIO G. MIHET ROBERT J. SNIFFEN

Florida Bar Number: 026581 Florida Bar Number: 0000795

E-mail: court@lc.org E-Mail: rsniffen@sniffenlaw.com

LIBERTY COUNSEL /s/ Michael P. Spellman

PO Box 540774 MICHAEL P. SPELLMAN

Orlando, FL 32854 Florida Bar Number: 0010212

Telephone: (800) 671-1776 E-Mail: mspellman@sniffenlaw.com

Facsimile: (407) 875-0770

SNIFFEN & SPELLMAN, P.A.

COUNSEL FOR ALLEN PLAINTIFFS 123 North Monroe Street

Tallahassee, Florida 32301

Telephone: (850) 205-1996

/s/ Benjamin J. Stevenson Facsimile: (850) 205-3004

BENJAMIN J. STEVENSON

Florida Bar Number: 598909

E-mail: bstevenson@aclufl.org and

AMERICAN CIVIL LIBERTIES UNION

FOUNDATION OF FLORIDA /s/ Paul Green________

PO Box 12723 PAUL GREEN

Pensacola, Fl 32591 Florida Bar Number: 127448

Telephone: (786) 363-2738 E-Mail: paulg1229@bellsouth.net

Facsimile: (786) 363-1985 JOHNSON, GREEN & HARGRAVES, P.A.

5185 Elmira Street

COUNSEL FOR DOE PLAINTIFFS Milton, Florida 32570

Telephone: (850) 623-3841

Facsimile: (850) 623-3555

COUNSEL FOR DEFENDANTS