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United States ex rel Pack & Crate Services, Inc. v. Van & Storage

July 14, 2010

UNITED STATES OF AMERICA EX REL PACK & CRATE SERVICES, INC. PLAINTIFF,
v.
VAN & STORAGE, INC., INTER-WORLD FORWARDERS, INC. DEFENDANTS.



The opinion of the court was delivered by: Hon. Nita L. Stormes U.S. Magistrate Judge United States District Court

FIRST AMENDED SCHEDULING ORDER REGULATING DISCOVERY AND OTHER PRE-TRIAL ALLSTATE PROCEEDINGS

The parties have submitted a Joint Motion for an Extension of Pretrial Dates. [Doc. No. 43.] Good cause appearing, the Court GRANTS the motion and sets the following dates: IT IS HEREBY ORDERED THAT:

1. All discovery, including experts, shall be completed by all parties on or before November 9, 2010. "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. All discovery motions must be filed no later than December 10, 2010. All discovery motions shall be filed in accordance with Civil Local Rule 7.1 No discovery motion shall be filed ex parte. Any request to shorten time shall be filed in accordance with Civil Local Rule 7.1(e)(5).

2. All other pretrial motions must be filed on or before January 10, 2011. 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.

3. A Mandatory Settlement Conference shall be conducted on March 14, 2011 at 9:30 a.m. in the chambers of Magistrate Judge Nita L. Stormes. Counsel or any party representing himself or herself shall submit confidential settlement briefs directly to chambers no later than March 7, 2011. All parties are ordered to read and to fully comply with the attached SETTLEMENT CONFERENCE PROCEDURES.

4. Counsel shall comply with the pre-trial disclosure requirements of Federal Rule of Civil Procedure 26(a)(3) on or before April 1 ,2011. Failure to comply with these disclosure requirements could result in evidence preclusion or other sanctions under Federal Rule of Civil Procedure 37.

5. Counsel shall meet and take the action required by Local Rule 16.1(f)(4) on or before April 8, 2011. The parties shall meet and confer and prepare a proposed pretrial order containing the following:

1. A statement to be read to the jury, not in excess of one page, of the nature of the case and the claims and defenses.

2. A list of the causes of action to be tried, referenced to the Complaint [and Counterclaim if applicable]. For each cause of action, the order shall succinctly list the elements of the claim, damages and any defenses. A cause of action in the Complaint [and/or Counterclaim] which is not listed shall be dismissed with prejudice.

3(a). A list of each witness counsel actually expect to call at trial with a brief statement, not exceeding four sentences, of the substance of the witnesses' testimony.

3(b). A list of each expert witness counsel actually expect to call at trial with a brief statement, not exceeding four sentences, of the substance of the witnesses' testimony.

3(c). A list of additional witnesses, including experts, counsel do not expect to call at this time but reserve the right to call at trial along with a brief statement, not exceeding four sentences, of the substance of the witnesses' testimony.

4(a). A list of all exhibits that counsel actually expect to offer at trial with a one-sentence description of the exhibit.

4(b). A list of all other exhibits that counsel do not expect to offer at this time but reserve the right to offer if necessary at trial with a one-sentence description of the exhibit.

5. A statement of all facts to which the parties stipulate. This statement shall be on a separate page and will be read to and provided to the jury. The parties are directed to meet with the assigned magistrate ...


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