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Gresham v. Williams

August 20, 2009

MICHAEL W. GRESHAM, PLAINTIFF,
v.
BRETT WILLIAMS, ET AL. DEFENDANTS.



The opinion of the court was delivered by: Barry M. Kurren United States Magistrate Judge

REPORT OF SCHEDULING CONFERENCE AND ORDER (PRISONER PRO SE; NO DISCLOSURE)

Pursuant to the Federal Rules of Civil Procedure, Rule 16(b)(1) and the Local Rules of the United States District Court for the District of Hawaii, LR16.3, the Court enters this scheduling order to reflect the trial date and other deadlines.

The Parties are NOTIFIED that all pretrial proceedings will be conducted by telecommunications technologies to allow Plaintiff to remain in the penal institution. See 42 U.S.C. § 1997e(f). At the Court's discretion, hearings may be conducted in the institution, subject to institution officials' agreement. Id. When practicable, counsel shall be allowed to participate by telecommunications technology when any pretrial proceeding is held in the prison.

TRIAL AND CONFERENCE SCHEDULING:

1. Jury trial in this matter will commence before the Honorable J. Michael Seabright, United States District Judge on May 25, 2010, at 9:00 a.m.

2. A final pre-trial conference shall be held on April 20, 2010, at 9:00 a.m. before the Honorable Barry M. Kurren, United States Magistrate Judge.

3. N/A

4. Pursuant to LR16.6, each party herein shall serve and file a separate pre-trial statement by April 13, 2010.

MOTIONS

5. All motions to join additional parties or to amend the pleadings shall be filed by November 24, 2009.

6. When defendants rely on the affirmative defense of failure to exhaust prison administrative remedies pursuant to 42 U.S.C. § 1997e(a), defendants shall file a dispositive motion to that effect, or notify the court that they are waiving this defense and will not be filing such a motion, by June 23, 2009.

7. Motions in limine shall be filed by May 4, 2010. Opposition memoranda to a motion in limine shall be filed by May 11, 2010.

8. All motions not otherwise provided for herein shall be filed by January 26, 2010.

9. Unless otherwise ordered by the Court, each party shall file only one motion for summary judgment under Fed. R. Civ. P. 56. This is to prevent the circumvention of LR7.5. Leave to file additional motions for summary judgment may be granted by the ...


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