Jackson v. Birmingham, Alabama, City of et al

Filing 9

SCHEDULING ORDER: deadlines as set out including, Discovery due by 7/27/2012. Dispositive Motions due by 8/31/2012. Status Report due by 8/10/2012. Jury Trial set for 2/11/2013 at 9:00 AM in Hugo L Black US Courthouse, Birmingham, AL before Judge L Scott Coogler. Signed by Judge L Scott Coogler on 1/13/2012. (ADF)

FILED
2012 Jan-13 PM 03:34
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
Karen Jackson,
Plaintiff(s),
vs.
City of Birmingham, Et Al.,

Defendant(s).

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2:11-CV-2632-LSC

NOTICE
This order contains specific mandatory time limits governing all future proceedings in
this action. Parties and counsel are expected to abide by these limits and the court will
not modify the limits except for good cause.

SCHEDULING ORDER (New Rules)
This order is entered under Fed. R. Civ. P. 16(b) based on the parties report of
planning meeting.
1.

Pleadings. No causes of action may be added by plaintiff(s) after
5/4/2012. No defenses or claims may be added by defendant(s) after
5/25/2012.

2.

Parties. No parties may be added by plaintiff(s) after 5/4/2012. No
parties may be added by defendant(s) after 5/25/2012.

3.

Mediation: The Court will enter a mediation order on 5/15/2012, unless
the parties notify the Court in advance that mediation will not be helpful.
A short letter or call to chambers is all that is necessary to prevent entry
of the mediation order.

4.

Dispositive Motions: All potentially dispositive motions must be filed by
8/31/2012.

5.

Expert Testimony: Unless modified by order of the court, the disclosures of expert witnesses -- including a complete report under Fed. R.
Civ. P. 26(a)(2)(B) from any specially retained or employed expert -- are
due.
From plaintiff(s):
by 5/4/2012
From defendant(s):
by 5/25/2012

NOTICE
This standard order has recently been changed to include a requirement that the parties
submit a joint status report at the close of discovery.

6.

Discovery limitations and cutoffs:
(a) Unless modified by order of the court:

Depositions:

Max. 10 by plaintiff(s); Max. 10 by defendant(s)
Maximum of 7 hours per deposition

Interrogatories:

Max. 30 by plaintiff(s), answer in 30 days
Max. 30 by defendant(s), answer in 30 days

Req. to Admit:

Max. 20 by plaintiff(s), answer in 30 days
Max. 20 by defendant(s), answer in 30 days

Doc. Requests:

Max. 30 by plaintiff(s), answer in 30 days
Max. 30 by defendant(s), answer in 30 days

(b)

Unless modified by court order for good cause shown:

Supplementation: Supplementation of disclosures and discovery
under Fed. R. Civ. P. 26(e) dues by 6/27/2012.

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Deadline:

7.

All discovery must be commenced in time to be completed by
7/27/2012.

JOINT STATUS REPORT:
Deadline: 8/10/2012

On or before the close of discovery, the parties shall submit a JOINT STATUS
REPORT including: (a) A narrative statement of the case, which briefly summarizes
the case without using "color" words or argument; (b) the undisputed material facts
for which there is no reasonable basis for disagreement, set out in separately numbered
paragraphs; (c) each plaintiff's claims, including each legal theory relied upon and the
factual allegations he/she expects to prove in support of each legal theory; (d) for each
claim against him, each defendant's legal theory, including the factual allegations
he/she expects prove in support of each such legal theory.
The joint status report will be used in any subsequent summary judgment
proceedings and shall be incorporated, in substantially unchanged form, in the final
pretrial order. In setting out claims and defenses, vague, conclusory and general
claims and allegations are not acceptable. In other words, no weasel wording. By this
stage of the proceedings the parties are expected to know what the claims and defenses
are and must state precisely the issues expected to be tried. Each claim or defense
must be set out in separately numbered paragraph, appropriately labeled. Think
common law pleading. Under each claim or defense, the party shall list any citations
to the major cases, statutes, etc. that support the legal theory.
Where practicable, the court would like to have a magnetic copy of the joint
status report on disk in any common IBM compatible computer format.
8.

Additional conference(s): to be scheduled on or after 12/1/2012.

9.

Final lists: Final lists of trial witnesses, exhibits, and objections
under Fed. R. Civ. P. 26(a)(3) must be served and filed:
Witnesses:

plaintiff(s) by 30 days before trial
defendant(s) by 30 days before trial

Exhibits:

plaintiff(s) by 30 days before trial
defendant(s) by 30 days before trial
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Objections are to be filed within 14 days after receipt of above list(s).
10.

Jury Trial: set for 2/11/2013 to be held in Birmingham, AL.
Estimated trial time by parties is 3-5 days
Marking of Exhibits: Each party that anticipates offering as substantive evidence as many as six (6) or more exhibits shall premark its
exhibits in advance of trial, using exhibit labels and lists available from
the Clerk of Court. By the time of trial, a copy of the exhibit list shall
be served and filed, with the exhibits being made available for inspection by opposing counsel; the presentation of evidence at trial will not
ordinarily be interrupted for opposing counsel to examine a document
that has been so marked and made available for inspection.

Done this 13th day of January 2012.

L. SCOTT COOGLER
UNITED STATES DISTRICT JUDGE
124019

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