Dunn et al v. Thomas et al

Filing 170

SUPPLEMENTAL SCHEDULING ORDER: It is ORDERED as follows: (1) The plaintiffs' 162 Unopposed Motion for Extension of Deadlines relating to Class Certification is granted. (2) The 72 Scheduling Order is further amended as follows: (A) The sched ule for class-certification proceedings, including the hearing set for 8/26/2015, set forth in the amendment to the scheduling order (doc. no. 102 ) is canceled. (B) The schedule for class-certification proceedings should instead be in two phases a s further set out in the order. (C) The following other deadlines in the amendment to the 102 Scheduling Order are to remain the same as further set out in the order. Signed by Honorable Judge Myron H. Thompson on 5/19/2015. Copies furnished to calendar group, AG. (Deadline terminated: Class Certification Hearing (Oral Argument) set for 8/26/2015.) (dmn, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
JOSHUA DUNN, et al.,
Plaintiffs,
v.
JEFFERSON S. DUNN, in his
official capacity as
Commissioner of the
Alabama Department of
Corrections, et al.,
Defendants.

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CIVIL ACTION NO.
2:14cv601-MHT
(WO)

SUPPLEMENTAL SCHEDULING ORDER
Based on the representations made on the record on
May 18, 2015, it is ORDERED as follows:
(1) The plaintiffs’ unopposed motion for extension
of deadlines relating to class certification (doc. no.
162) is granted.
(2) The scheduling order (doc. no. 72) is further
amended as follows:
(A)

The

schedule

for

class-certification

proceedings, including the hearing set for August 26,

2015,

set

forth

in

the

amendment

to

the

scheduling

order (doc. no. 102) is canceled.
(B)

The

schedule

for

class-certification

proceedings should instead be in two phases as follows:
(i) Phase one:
(a) The defendants are to file a Class
Certification Notice of Discovery Compliance with the
court

when

they

believe

they

have

completed

the

production of documents ordered produced in response to
the

motion

to

compel

documents

relating

to

non-plaintiffs (doc. no 109) and the previously noticed
Rule 30(b)(6) depositions.
(b) Within 14 days of the filing of
the

defendants’

Notice

of

Discovery

Compliance,

the

plaintiffs are to file either a Class Certification
Notice

of

Agreement

Class

Certification

with

Discovery

Notice

of

Compliance

Disagreement

or

a

with

Discovery Compliance.
(c) If the plaintiffs file a Notice of
Disagreement, the plaintiffs are to identify in the
2

notice the areas they do not believe to be complete,
and all parties are immediately to engage in good-faith
efforts

to

resolve

the

dispute

over

whether

the

defendants’ class-certification discovery, as contended
in subpart (a), is completed.
resolve

their

discovery

is

dispute
complete,

over

If the parties cannot
whether

then,

within

the
14

defendants’
days

of

the

filing of a Notice of Disagreement, the plaintiffs are
to file an appropriate motion (accompanied by a Rule
37(a)(1) certification) with the magistrate judge for
resolution
resolved

of
the

the

dispute.

dispute

After

(finding

the

either

court

has

that

the

defendants were initially in compliance or finding that
the defendants were not initially in compliance and
ordering additional discovery), the parties are to file
a

Joint

Class

Certification

Notice

of

Discovery

Compliance once they believe that there has been such
compliance
orders.

in

accordance

with

the

court

order

or

If the parties cannot agree on whether there

has now been complete compliance, the parties, either
3

jointly or separately, are to file a motion asking for
a status conference with the district judge to discuss
how to proceed further.
(ii)

Phase

two:

Within

14

days

of

the

filing of the plaintiffs’ Notice of Agreement or within
14 days of the filing of a Joint Class Certification
Notice

of

Discovery

submit

to

the

court

for

the

Schedule

Compliance,
a

proposed
remaining

the

parties

Class

are

to

Certification

class-certification

proceedings (including but not limited to deadlines for
expert disclosures, expert depositions, the filing of a
class-certification motion, and the filing of briefs).
The

proposed

Class

Certification

Schedule

shall

be

accompanied by a joint motion for the court to adopt
the

schedule

and

to

set

the

to-be-filed

class-certification motion for hearing.
(C)

The

following

other

deadlines

in

the

amendment to the scheduling order (doc. no. 102) are to
remain the same:

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Mediation report deadline
Expert disclosures on
merits
Expert rebuttals
Dispositive motions &
Daubert motions
Discovery cut-off

July 6, 2015
November 2, 2015
November 23, 2015
December 21, 2015
January 11, 2016

DONE, this the 19th day of May, 2015.
___/s/ Myron H. Thompson____
UNITED STATES DISTRICT JUDGE