Community House, Inc. et al v. City of Boise, et al

Filing 281

ORDER The motion to allow further motions (docket no. 279 ) is DENIED. (Settlement/Mediation deadline 8/26/2011, Jury Trial set for 10/11/2011 09:30 AM in Boise - Courtroom 3 before Judge B. Lynn Winmill, Telephonic Pretrial Conference set for 9/20/2011 03:00 PM in Telephonic Hearing - Boise Chambers before Judge B. Lynn Winmill.). Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO

COMMUNITY HOUSE, INC., MARLENE K.
SMITH, GREG A. LUTHER, and JAY D.
BANTA,

Case No. 1:CV 05-283-BLW
ORDER

Plaintiffs,
v.
CITY OF BOISE, IDAHO, DAVID H.
BIETER, Mayor; BOISE CITY COUNCIL;
MARYANN JORDAN, ELAINE CLEGG,
VERNON BISTERFELDT, DAVID EBERLE,
JEROME MAPP, and ALAN SHEALY, Boise
City Council Members; BRUCE
CHATTERTON, Director, Planning and
Development Services; JIM BIRDSALL,
Manager, Housing and Community
Development,
Defendants.

The Court has before it a motion by defendants to allow further briefing.
Essentially, the defendants seek another round of dispositive motions. This case is now
almost six years old, and the Court cannot allow the delay that would accompany another
round of motions. Accordingly, the Court will deny the motion and set this case for trial.
The Court has advised counsel that a visiting Judge may preside over the trial. The
Court is currently in the process of obtaining a visiting Judge, and will notify counsel as
soon as one is obtained.

Memorandum Decision & Order - 1

NOW THEREFORE IT IS HEREBY ORDERED, that the motion to allow further
motions (docket no. 279) is DENIED.
IT IS FURTHER ORDERED, that trial in this case is set for October 11, 2011, at
9:30 a.m. in the Federal Courthouse in Boise Idaho.
IT IS FURTHER ORDERED, that a pretrial conference will be held on September
20, 2011, at 3:00 p.m. by telephone with the plaintiff to initiate the call.
IT IS FURTHER ORDERED, that:
Witness Lists: The parties shall exchange witness lists on or before
September 6, 2011. The witness lists shall contain the material listed in
F.R.C.P. 26(a)(3)(A)&(B), and shall include a full summary, not just the
subject, of the witnesses’ expected testimony.
Exhibit Lists, Exhibits, Proposed Voir Dire, Proposed Jury Instructions,
Trial Briefs and Motions in Limine: All exhibit lists, proposed voir dire,
proposed jury instructions, trial briefs, and motions in limine shall be filed
with the Court on or before September 6, 2011. On the same date the
parties shall exchange all trial exhibits, but shall not provide them to the
Court until the day of trial.
Settlement/Mediation Deadline: The parties shall notify the Court on or
before August 26, 2011, that the case has either settled or will definitely go
to trial.
IT IS FURTHER ORDERED, that the Court will notify counsel as soon as the
Memorandum Decision & Order - 2

Court obtains a visiting Judge to preside over the trial of this case, and that this schedule
may be modified by that Judge.

DATED: June 22, 2011

Honorable B. Lynn Winmill
Chief U. S. District Judge

Memorandum Decision & Order - 3