Dunn et al v. Thomas et al

Filing 72

ORDER: On 11/24/2014, this court held an on-the-record conference call with counsel for all parties present. It is ORDERED that the 61 Scheduling Order is amended as follows and as further set out in the order: Non-Jury Trial set for 3/14/2016 at 10:00 AM in Courtroom 2FMJ in Montgomery, AL before Honorable Judge Myron H. Thompson. Final Pretrial Conference set for 2/1/2016 at 10:00 AM in Courtroom 2FMJ in Montgomery, AL before Honorable Judge Myron H. Thompson. Proposed Pretrial Order due by 1/27/2016. The class certification motion is set for Oral Argument on 6/24/2015 at 10:00 AM in Courtroom 2FMJ in Montgomery, AL before Honorable Judge Myron H. Thompson. The court will have a resolution of the class certification issue by 7/15/2015 . Discovery due by 11/2/2015. Motions due by 10/2/2015. By no later than 28 days before trial, the parties are to get with the Magistrate Judge and the U.S. Marshal to arrange for the presence of any state inmates. Signed by Honorable Judge Myron H. Thompson on 11/26/2014. Copies furnished to calendar group, AG, Transfer Agent, USM.(dmn, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
JOSHUA DUNN, at al.,
Plaintiffs,
v.
KIM THOMAS, 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)

ORDER
On November 24, 2014, this court held an on-therecord conference call with counsel for all parties
present, during which several topics were discussed.
Among

those

topics

were

the

previously

entered

scheduling order (doc. no. 61), as well as the desired
pretrial and trial schedule.

Upon consideration of the

previous order and the preferences of the parties, the
court is amending the previous order.

Accordingly,

it

is

ORDERED

that

the

scheduling

order (doc. no. 61) is amended as follows:
(1) The non-jury trial is set for March 14, 2016, at
10:00 a.m., in Courtroom 2FMJ of the Frank M.
Johnson Jr. United States Courthouse Complex, One
Church Street, Montgomery, Alabama.
(2) The pretrial conference is set for February 1,
2016, at 10:00 a.m., in Courtroom 2FMJ of the
Frank

M.

Johnson

Jr.

United

States

Courthouse

Complex, One Church Street, Montgomery, Alabama.
The parties are to prepare jointly a proposed
pretrial order in accordance with the attached
outline.

The plaintiffs shall ensure that the

proposed pretrial order is received by the court
not later than three business days prior to the
pretrial conference by either (a) delivery of the
order (both hard copy and on disk) to chambers or
(b) by transmitting an electronic copy of the
proposed

pretrial

order
2

to

the

court

as

an

attachment

to

an

email

message

[e-mail].

sent
For

to

these

purposes, the electronic or disk copy should be
in

Word

format

and

not

in

Adobe

Acrobat

PDF

format.
(3) With regard to class-certification experts, the
parties are to do the following:
(A) Plaintiffs
disclosures

shall
on

or

submit
before

their
April

expert
1,

2015.

Plaintiffs must make experts available for
deposition on or before April 15, 2015.
(B) Defendants
disclosures

shall

submit

their

on

before

May

or

1,

expert
2015.

Defendants must make experts available for
deposition on or before May 15, 2015.
(4) With regard to the class-certification motion,
the following applies:
(A) Plaintiffs shall file any motion for class
certification and supporting materials on or
3

before June 1, 2015.

A brief addressing the

factors enumerated in Rule 23(a), (b), and
(g) of the Federal Rules of Civil Procedure
shall

be

filed

with

any

such

motion.

Defendants must file any opposition to the
motion

on

Plaintiffs

or

before

must

file

June
any

15,

reply

2015.
to

the

defendants’ opposition on or before June 22,
2015.
(B) The class certification motion is set for
oral

argument

a.m.,

in

on

June

Courtroom

24,

2FMJ

of

2015,
the

at

10:00

Frank

M.

Johnson

Jr.

United

States

Courthouse

Complex,

One

Church

Street,

Montgomery,

Alabama.
(C) The

court

will

have

a

resolution

of

the

class certification issue by July 15, 2015.
(5) All discovery is to be completed by November 2,
2015.
4

(6) All dispositive motions and all Daubert motions
are due by October 2, 2015.

A brief and all

supporting evidence shall be filed with any such
motion.

In

all

briefs

filed

by

any

party

relating to the motion, the discussion of the
evidence in the brief must be accompanied by a
specific reference, by page and line, to where
the

evidence

can

be

found

deposition or document.

in

a

supporting

Failure to make such

specific reference will result in the evidence
not being submitted by the court.
(7) With regard to any experts to be used at trial,
by September 1, 2015, the parties shall disclose
to each other the identity of ANY persons who may
be used at trial to present evidence under Rules
701, 702, 703, or 705 of the Federal Rules of
Evidence,

and

provide

the

reports

of

retained

experts or witnesses whose duties as an employee
of

the

party

regularly
5

involved

giving

expert

testimony,

required

by

Rule

26(a)(2)

Federal Rules of Civil Procedure.

of

the

The parties

shall comply fully with all requirements of Rule
26(a)(2)

in

testimony.

regard

to

disclosure

of

expert

Unless an objection is filed within

14 days after disclosure of any expert witness,
the disclosure shall be deemed to be in full
compliance with the Rule.
(8) Twenty-eight days before trial, each party shall
file

a

list

of

all

its

witnesses

(and

shall

provide to all other parties, pursuant to Rule
26(a)(3) of the Federal Rules of Civil Procedure,
the addresses and telephone numbers of all such
witnesses), except witnesses to be used solely
for impeachment purposes, separately identifying
those whom the party expects to present and those
whom the party may call if the need arises.

The

witness

any

list

witnesses

should

include

required

to
6

be

the

names

disclosed

of

under

Section 8.

Unless specifically agreed between

the parties or allowed by the court for good
cause shown, the parties shall be precluded from
calling any witness not so identified.
(9) Twenty-eight
shall,

days

pursuant

before
to

trial,

the

the

provisions

parties
of

Rule

26(a)(3) of the Federal Rules of Civil Procedure,
file

deposition

designations

expect to use at trial.
within

one

week

that

the

parties

Adverse parties shall

thereafter

file

deposition

designations expected to be used in response, and
a

party

shall

designation

of

within

days

responsive

such

three

parts

of

the

file

the

designation of any part that is desired as a
rebuttal

thereto.

Unless

specifically

agreed

between the parties or allowed by the court for
good cause shown, the parties shall be precluded
from using any part of a deposition or other
document not so listed, with the exception of
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parts

of

depositions

or

documents

to

solely for the purpose of impeachment.

be

used

Except to

the extent written objections are filed 14 days
prior to the trial date, each party shall be
deemed to have agreed that one of the conditions
for admissibility under Rule 32 of the Federal
Rules

of

Civil

Procedure

is

satisfied

with

respect to any such deposition and that there is
no

objection

Objections
portions

to

shall

objected

the

testimony

state
to,

with
and

so

designated.

particularity

the

objecting

the

party

shall attach a copy of the portions to which the
objections apply.
(10) Twenty-eight
shall,

days

pursuant

before
to

the

trial,

the

provisions

parties
of

Rule

26(a)(3) of the Federal Rules of Civil Procedure,
file exhibit lists and furnish opposing counsel
for

copying

tangible

and

evidence

inspection
to
8

be

all

used

exhibits
at

the

and

trial.

Proffering

counsel

shall

have

such

evidence

marked for identification prior to trial.
specifically

agreed

between

the

Unless

parties

or

allowed by the court for good cause shown, the
parties

shall

be

precluded

from

offering

such

evidence not so furnished and identified, with
the exception of evidence to be used solely for
the purpose of impeachment.

Except to the extent

written objections are filed, the evidence shall
be

deemed

genuine

and

admissible

in

evidence.

Objections shall be filed 14 days prior to the
trial date, and shall set forth the grounds and
legal authorities.
file

a

later

written
than

include

a

14

The offering party shall

response

to

the

objections

days

prior

to

trial

premarked

copy

of

the

and

no

shall

evidence

at

trial,

the

issue.
(11) By

no

later

than

28

days

before

parties are to get with the Magistrate Judge and
9

the U.S. Marshal to arrange for the presence of
any state inmates.
(12) The parties shall also comply with the following:
(A) All briefs on any matter before the court
must be formal in format and filed with the
court.

The court does not accept “letter

briefs” or “letter reports.”
(B) A

request

or

motion

for

extension

of

a

deadline in any court order (i) must be in
writing; (ii) must indicate that movant has,
in

a

timely

manner,

previously

contacted

counsel for all other parties; and (iii),
based on that contact, must state whether
counsel for all other parties agree to or
oppose the extension request or motion.

A

request or motion that fails to meet this
requirement will be denied outright, unless
the movant offers a credible explanation in
the request or motion why this requirement
10

has not been met.
and

unavoidable

control

of

Absent stated unforeseen
circumstances

the

movant,

beyond

oral

the

extension

requests and motions are not allowed, and
"eleventh

hour"

extension

motions

will

be

requests

denied

and

outright.

(C) Any proposed order that a party desires the
court to enter should be submitted to the
court

(i)

in

attachment
transmitting

an

to

Adobe

the

an

Acrobat

motion

electronic

PDF

and

format

(ii)

copy

of

by
the

proposed order to the court as an attachment
to

an

email

message

sent

<[e-mail]>.

to
For

these purposes, the electronic copy should
be in Word format and not in Adobe Acrobat
PDF format.

If the proposed order relates

to discovery matters (e.g., a HIPAA order or
protective order), an electronic copy of the
11

proposed order should be sent to the e-mail
address

of

the

whose

address

assigned
may

Magistrate
be

found

Judge
at

<http://www.almd.uscourts.gov/judges/propord
.htm>.
DONE, this the 26th day of November, 2014.
/s/ Myron H. Thompson_______
UNITED STATES DISTRICT JUDGE

NOTICE TO ATTORNEYS
The proposed pretrial order must be joint, and not piecemeal, and it should be reviewed
and approved by all parties BEFORE the pretrial hearing.

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

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Plaintiff,
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v.
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CIVIL ACTION NO.

Defendant.

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ORDER ON PRETRIAL HEARING
A pretrial hearing was held in this case on ______, wherein the following proceedings
were held and actions taken:
1.

PARTIES AND TRIAL COUNSEL:

COUNSEL APPEARING AT PRETRIAL HEARING: (same as trial counsel) or
(indicate if different) ____________________
2.

JURISDICTION AND VENUE:

3.

PLEADINGS: The following pleadings and amendments were

allowed:

4.

CONTENTIONS OF THE PARTIES:
(a)

(b)

5.

The plaintiff(s)

The defendant(s)

STIPULATIONS BY AND BETWEEN THE PARTIES:

PLEASE LEAVE ORDER UNFINISHED AT THIS POINT FOR COMPLETION BY THE
COURT.