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Walker v. Woodford

November 1, 2007

K. JAMEL WALKER, ET AL., PLAINTIFFS,
v.
JEANNE WOODFORD, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Honorable Nita L. Stormes United States Magistrate Judge

SCHEDULING ORDER REGULATING DISCOVERY AND OTHER PRE-TRIAL PROCEEDINGS

Pursuant to Civil Local Rule 16.1(e)(8), Early Neutral Evaluation Conferences are not set in Section 1983 prisoner cases. In addition, under Federal Rule of Civil Procedure 26(a)(1)(E)(iii), actions brought without counsel by an incarcerated individual are exempt from Federal Rule of Civil Procedure 26(f). Accordingly,

IT IS HEREBY ORDERED:

1. Any motion to join other parties, to amend the pleadings, or to file additional pleadings shall be filed on or before November 30, 2007.

2. The parties shall designate their respective experts in writing by February 1, 2008. The parties must identify any person who may be used at trial to present evidence pursuant to Rules 702, 703 or 705 of the Fed. R. Evid. This requirement is not limited to retained experts. The date for exchange of rebuttal experts shall be on or before February 15, 2008. The written designations shall include the name, address and telephone number of the expert and a reasonable summary of the testimony the expert is expected to provide. The list shall also include the normal rates the expert charges for deposition and trial testimony.

3. On or before April 1, 2008, each party shall comply with the disclosure provisions in Rule 26(a)(2)(A) and (B) of the Federal Rules of Civil Procedure. This disclosure requirement applies to all persons retained or specially employed to provide expert testimony, or whose duties as an employee of the party regularly involve the giving of expert testimony.

4. Any party shall supplement its disclosure regarding contradictory or rebuttal evidence under Rule 26(a)(2)(c)on or before April 15, 2008.

5. Please be advised that failure to comply with this section or any other discovery order of the court may result in the sanctions provided for in Federal Rule of Civil Procedure 37 including a prohibition on the introduction of experts or other designated matters in evidence.

6. All discovery, including experts, shall be completed by all parties on or before June 2, 2008. "Completed" means that all discovery under Rules 30-36 of the Federal Rules of Civil Procedure, and discovery subpoenas under Rule 45, must be initiated a sufficient period of time in advance of the cut-off date, so that it may be completed by the cut-off date, taking into account the times for service, notice and response as set forth in the Federal Rules of Civil Procedure. Counsel shall promptly and in good faith meet and confer with regard to all discovery disputes in compliance with Local Rule 26.1(a). All discovery motions shall be filed within 30 days after counsel have met and conferred and reached an impasse with regard to any particular discovery issue, but in no event shall discovery motions be filed more than 30 days after the close of discovery.

7. All other pretrial motions must be filed on or before July 3, 2008. Please be advised that counsel for the moving party must obtain a motion hearing date from the law clerk of the judge who will hear the motion. Be further advised that the period of time between the date you request a motion date and the hearing date may vary from one district judge to another. Please plan accordingly. Failure to make a timely request for a motion date may result in the motion not being heard.

8. A telephonic Mandatory Settlement Conference shall be conducted on September 29, at 2:00 p.m. in the chambers of Magistrate Judge Nita L. Stormes. Defense counsel shall make arrangements for incarcerated parties to appear telephonically. Counsel or any party representing himself or herself shall submit confidential settlement briefs directly to chambers no later than September 22, 2008. All parties are ordered to read and to fully comply with the attached SETTLEMENT CONFERENCE PROCEDURES.

9. The requirement to file a Memorandum of Contentions of Fact and Law by Local Rule 16.1(f)(2) is waived.

10. Counsel and unrepresented parties shall comply with the pre-trial disclosure requirements of Federal Rule of Civil Procedure 26(a)(3) on or before October 13, 2008. Failure to comply with these disclosure requirements could result in evidence preclusion or other sanctions under Federal Rule of Civil Procedure 37.

11. Counsel and unrepresented parties shall meet and take the action required by Local Rule 16.1(f)(4) on or before October 20, 2008. At this meeting, counsel shall discuss and attempt to enter into stipulations and agreements resulting in simplification of the triable issues. Counsel shall exchange copies and/or display all exhibits other than those to be used for impeachment. The exhibits shall be prepared in accordance with Local Rule 16.1(f)(4)(c). Counsel shall note any objections they have to any other parties' Pretrial ...


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