Snyder v. Phelps et al

Filing 63

MODIFIED SCHEDULING ORDER Status Report due by 7/6/2007. Signed by Judge Richard D Bennett on 2/23/07. (jnl, Deputy Clerk)

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Snyder v. Phelps et al Doc. 63 UNITED STATES DISTRICT COURT DISTRICT OF MARYLAND Chambers of Richard D. Bennett United States District Judge Northern Division U.S.Courthouse - Chambers 5D 101 W. Lombard Street Baltimore, MD 21201 Tel: 410-962-3190 Fax: 410-962-3177 February 23, 2007 LETTER ORDER TO COUNSEL OF RECORD Re: Snyder v. Phelps, et al. Civil No. RDB 06-1389 Dear Counsel: I have entered an Order on this date, pursuant to our telephonic hearing, granting the Plaintiff's Motion to Amend the Complaint (Paper # 53) and granting the Defendants' Motion for Extension of Time with respect to experts (Paper #58). In addition to the reasons stated on the record, I would note that this Court, in interpreting Rule 15(a) of the Federal Rules of Civil Procedure with respect to amendment of pleadings, has specifically noted that such leave "shall be freely given when justice so requires." Lance v. Prince George's County, Maryland, 199 F.Supp.2d 297, 300-01 (D. Md. 2002). Furthermore, the United States Court of Appeals for the Fourth Circuit recently held that Rule 15 "gives effect to the federal policy in favor of resolving cases on their merits instead of disposing of them on technicalities." Laber v. Harvey, 438 F.3d 404, 426 (4th Cir. 2006). As discussed with counsel in the telephonic hearing, the scheduling order entered by this Court is further modified as follows: Plaintiff's Rule 26(a)(2) disclosures re experts Defendant's Rule 26(a)(2) disclosures re experts March 30, 2007 May 18, 2007 Counsel of Record February 23, 2007 Page two Plaintiff's rebuttal Rule 26(a)(2) disclosures re experts Rule 26(e)(2) supplementation of disclosures and responses Discovery deadline; submission of status report Requests for admission Dispositive pretrial motions deadline June 1, 2007 June 18, 2007 July 6, 2007 July 13, 2007 July 31, 2007 Defense counsel has suggested that he may request that questionnaires be forwarded to the prospective jurors. The Court will certainly entertain that request. Accordingly, a date has been scheduled for the submission of proposed questionnaires. Deadline for submitting proposed Questionnaire to prospective jury panel. Pretrial conference (Chambers 5D) Jury trial (2 weeks) (Courtroom 5D) Counsel should also note the following: Pretrial Order Your pretrial order is due in accordance with Local Rule 106, and must be received in chambers five (5) business days before the scheduled conference, pursuant to Local Rule 106.4. Counsel are reminded to comply with this rule with respect to the contents and preparation of the order. Counsel of Record August 31, 2007 October 15, 2007 at 4:30 p.m. October 22, 2007 at 9:30 a.m. February 23, 2007 Page three Motions in Limine Any motions in limine shall be filed in compliance with Local Rule 105 by the date of the pretrial conference. Voir Dire and Jury Instructions At the pretrial conference, you should submit proposed joint voir dire questions, proposed joint jury instructions on issues specifically relating to this case, and proposed joint special verdict forms. You should submit separately any voir dire questions, jury instructions and special verdict forms upon which you cannot agree. All of your proposed voir dire questions, jury instructions and special verdict forms should be submitted in hard copy and on IBM compatible, Word Perfect 8.0 diskettes as well as a copy e-mailed to chambers at The Court requests, that to the extent possible, counsel reference Sands and Siffert, Modern Federal Jury Instructions (Lexis/Nexis). Your proposed joint voir dire should include a brief proposed statement to be read to the venire panel explaining the nature of the case in general terms. Your proposed jury instructions should be: (a) typed one per page, (b) be numbered and assembled in the order in which you request that they be read to the jury, and (c) include a citation of the authorities supporting the instruction. Guaranteeing Witness Availability Absent emergency circumstances, a party will guarantee the presence at trial of any witness that party lists in the pretrial order, in accordance with Local Rule 106.2.i., as "expecting to present" at trial. Disclosure of Opinions of Expert Witnesses In addition to the information required by Local Rule 106.2.j., the pretrial order shall include for each party a concise summary of the opinion testimony expected from each witness identified by that party pursuant to Fed. R. Civ. P. 26(a)(2)(A) and (B) who may testify at trial. The parties shall identify those witnesses designated pursuant to Rule 26(a)(2)(A) separately from those designated pursuant to Rule 26(a)(2)(B). Counsel of Record February 23, 2007 Page four Exhibits Please be prepared to advise me at the pretrial conference if there are any objections to the documents and exhibits listed in the pretrial order in accordance with Local Rule 106.2.h. Any objections not disclosed at that time, other than objections under Fed. Rs. Evid. 401 and 403 shall be deemed waived at trial, unless excused for good cause shown. All exhibits must be tagged and numbered prior to trial in accordance with Local Rule 106.7.a. You must meet with one another prior to trial to review and make available for copying one another's exhibits in accordance with Local Rule 106.7.b. Use of Courtroom Equipment Please be prepared to advise me at the conference, if you have not already done so, if you would like to use at trial any courtroom equipment. The Court has available for your use VCRs and monitors, x-ray boxes, and one electronic evidence presenter. The electronic evidence presenter may be reserved on a first come, first served basis in cases which are expected to last longer than one week and involve numerous documents. Courtroom Etiquette You are reminded to review the provisions of Local Rule 107 concerning courtroom etiquette. Settlement Unless the Court is notified of any settlement no later than one full business day prior to the day on which the trial is scheduled to begin, jury costs will be imposed in accordance with Local Rule 107.4. Ordinarily, in civil cases 25-28 potential jurors are called as members of the venire panel and the cost per juror is approximately $70. Counsel of Record February 23, 2007 Page five Despite the informal nature of this letter, it shall nonetheless constitute an Order of Court, and the Clerk is directed to docket it accordingly. Sincerely, /s/ Richard D. Bennett United States District Judge RDB/skp

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