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Robert Mitchell, et al v. T. Felker

August 27, 2012

ROBERT MITCHELL, ET AL., PLAINTIFFS,
v.
T. FELKER, ET AL., DEFENDANTS.



STATUS (PRETRIAL SCHEDULING) ORDER

This proceeding was referred to this court under Local Rule 302(c)(17) pursuant to 28 U.S.C. § 636(b)(1). On August 22, 2012, the case was before the undersigned for a status (pretrial scheduling) conference. Attorneys Rebekah Evenson and Donald Spector appeared on behalf of plaintiffs; attorneys Damon McClain and Christopher Becker appeared on behalf of defendants. After hearing, and pursuant to the parties' joint status report, Dckt. No. 119, the court enters the following scheduling order:*fn1

SERVICE OF PROCESS

Service of process is undisputed and defendants have answered. JOINDER OF PARTIES/AMENDMENTS

No further joinder of parties or amendments to pleadings is permitted except with leave of court, good cause having been shown. However, defendants sued in their official capacities may be substituted when the individual leaves office and is replaced by another individual. Fed. R. Civ. P. 25(d). Additionally, plaintiffs indicate that it may become necessary for them to move to substitute class representatives.

JURISDICTION/VENUE

Jurisdiction and venue are not disputed.

RULE 26 INITIAL DISCLOSURES

At the status (pretrial scheduling) conference, all parties agree to provide their initial Rule 26 disclosures within thirty days. Therefore, all Rule 26 initial disclosures shall be provided on or before September 21, 2012.

MOTION HEARING SCHEDULES*fn2

All law and motion, except as to discovery, shall be completed by Wednesday, July 3, 2013. The word "completed" in this context means that all law and motion matters must be heard by the above date. Counsel (and/or pro se parties) 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 above.

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

All non-expert discovery shall be completed by March 13, 2013, and all expert discovery shall be completed by May 20, 2013. 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 non-expert discovery must be noticed on the ...


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