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Barnes v. Denney

September 9, 2008

RYAN A. BARNES, PLAINTIFF,
v.
SHERIFF JIM DENNEY, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

SCHEDULING ORDER

This matter came on for status conference on September 4, 2008. Brendan McShane*fn1 appeared for plaintiff,and Terence Cassidy represented the defendants. When plaintiff proceeded pro se, he had filed a consent form.*fn2 At the hearing, all parties expressed an intent to proceed before the undersigned, pursuant to Title 28 U.S.C. § 636(c)(1). Defendants' counsel indicated that a consent form from the defendants would be forthcoming within 15 days of the date of the hearing. Following the hearing, pursuant to Fed. R. Civ. P. 16(b), THIS COURT ORDERS AS FOLLOWS:

JOINDER OF PARTIES/AMENDMENTS

Any motion to amend the complaint and proposed amended complaint must be filed by November 13, 2008.

JURISDICTION/VENUE

Jurisdiction is undisputed and is hereby found to be proper, as is venue. MOTION HEARING SCHEDULES All law and motion except as to discovery is left open, save and except that it shall be conducted so as to be completed by January 10, 2010. The word "completed" in this context means that all law and motion matters must be heard by the above date. Counsel are cautioned to refer to the local rules regarding the requirements for noticing such motions on the court's regularly scheduled law and motion calendar. This paragraph does not preclude motions for continuances, temporary restraining orders or other emergency applications, and is subject to any special scheduling set forth in the "MISCELLANEOUS PROVISIONS" paragraph below.

The parties should keep in mind that the purpose of law and motion is to narrow and refine the legal issues raised by the case, and to dispose of by pretrial motion those issues that are susceptible to resolution without trial. To accomplish that purpose, the parties need to identify and fully research the issues presented by the case, and then examine those issues in light of the evidence gleaned through discovery. If it appears to counsel after examining the legal issues and facts that an issue can be resolved by pretrial motion, counsel are to file the appropriate motion by the law and motion cutoff set forth supra.

ALL PURELY LEGAL ISSUES ARE TO BE RESOLVED BY TIMELY PRETRIAL MOTION

Counsel are reminded that motions in limine are procedural devices designed to address the admissibility of evidence.

COUNSEL ARE CAUTIONED THAT THE COURT WILL LOOK WITH DISFAVOR UPON SUBSTANTIVE MOTIONS PRESENTED IN THE GUISE OF MOTIONS IN LIMINE AT THE TIME OF TRIAL

DISCOVERY

The parties will make initial disclosures in this case, pursuant to Fed. R. Civ. 26(a)(1)(A). All discovery is left open, save and except that it shall be so conducted as to be completed by September 18, 2009. The word "completed" means that all discovery shall have been conducted so that all depositions have been taken and any disputes relative to discovery shall have been resolved by appropriate order if necessary and, where discovery has been ordered, the order has been complied with. Motions to compel discovery must be noticed on the undersigned's calendar in accordance with the local rules of this court and so that such motions will be heard not later than August 20, 2009.

EXPERT DISCLOSURE

Plaintiff shall designate in writing and file with the court, and serve upon all other parties, the names of all experts that plaintiff proposes to tender at trial not later than May 8, 2009. Within 15 days thereafter, defendants shall designate in writing, file with the court, and serve upon all other parties, the name of each expert that they propose to tender at trial. If defendants designate an expert for an area on which defendants have the burden of proof, plaintiff may designate a rebuttal witness within 15 days thereafter. The designation of experts shall be made pursuant to Fed. R. Civ. P. 26(a)(2). All experts so designated are to be fully prepared to render an informed opinion at the time of designation so that they may fully participate in any deposition ...


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