Wixon v. Unisys Short Term Disability Plan et al

Filing 13

[VACATED PURSUANT TO COURT 17 ORDER ENTERED 10/8/2009.] FINAL SUBMISSION ORDER OF ENTIRE CASE: (1) This lawsuit is set for final submission, without oral argument, on 11/20/2009. (2) The parties are allowed until 9/25/2009 to complete discovery and the depositions of all persons whose testimony will be made a part of the evidentiary record. (3) By 10/9/2009, the parties are jointly to develop and submit to the court a record of the evidence--depositions, stipulations, affidavits, etc.--that th ey intend the court to rely upon as further set out in the order. (4) The parties are simultaneously to file their briefs on 11/6/2009. The parties are to file cross-reply briefs on 11/20/2009. (5) When the parties refer to evidence in their briefs, they must cite the specific document, volume, and Bates-stamped page number where the evidence can be found in the evidentiary record. A brief that fails to comply with these requirements will be struck. (6) In light of this agreed-upon disposition without a trial, the parties are no longer to file dispositive motions, that is, summary-judgment or dismissal motions. Signed by Honorable Myron H. Thompson on 6/26/2009. (dmn) Modified on 10/8/2009 (dmn).

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

JULIE WIXON,

) ) Plaintiff, ) ) v. ) UNISYS SHORT TERM ) DISABILITY PLAN and UNISYS ) LONG TERM DISABILITY PLAN, ) Defendants. )

CIVIL ACTION NO. 2:09cv431-MHT (WO)

FINAL SUBMISSION ORDER OF ENTIRE CASE Based upon the representations made by counsel for all parties during a status conference this morning and with their agreement, it is ORDERED as follows: (1) This lawsuit is set for final submission, without oral argument, on November 20, 2009. (2) The parties are allowed until September 25, 2009 to complete discovery and the depositions of all persons whose testimony will be made a part of the evidentiary record. (3) By October 9, 2009, the parties are jointly to develop and submit to the court a record of the

evidence--depositions, stipulations, affidavits, etc.-that they intend the court to rely upon. The record

should be sequentially numbered, that is, Bates-stamped, such that the parties and the court can quickly refer to the entire record by page number. If the record is more

than 200 pages, it should be broken down into volumes. The record should begin with a table of contents that indicates the volume and Bates page number on which each document begins. (4) The parties are simultaneously to file their briefs on November 6, 2009. The parties are to file

cross-reply briefs on November 20, 2009. (5) When the parties refer to evidence in their briefs, they must cite the specific document, volume, and Bates-stamped page number where the evidence can be found in the evidentiary record. A brief that fails to comply

with these requirements will be struck.

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(6) In light of this agreed-upon disposition without a trial, the parties are no longer to file dispositive motions, that is, summary-judgment or dismissal motions. DONE, this the 26th day of June, 2009. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE