Savage et al v. Pocomoke City Maryland et al

Filing 154

ORDER Granting 88 to Intervene by USA; Denying without prejudice 92 Motion to Dismiss for Failure to State a Claim; Denying without prejudice 93 Motion to Strike ; Denying without prejudice 97 Motion to Dismiss; Denying without prejudice 98 Motion to Dismiss; Denying without prejudice 100 Motion to Strike ; Denying without prejudice 103 Motion to Strike; Denying without prejudice 104 Motion to Dismiss; denying 105 Motion to Dismiss; Denying without prejudice 124 M otion to Dismiss for Failure to State a Claim; Denying without prejudice 144 Motion for Summary Judgment; Denying without prejudice 152 Motion for Leave to File Surreply. Signed by Judge J. Frederick Motz on 3/17/2017. (Attachments: # 1 Tentative Scheduling Order, # 2 Letter re: Call-in Hour Program)(bas, Deputy Clerk)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND FRANKLIN SAVAGE, ET AL. Plaintiff(s) * * vs. POCOMOKE CITY, ET AL. Defendant( s) Civil Action No. JFM-l6-201 * * ****** TENTATIVE SCHEDULING ORDER This scheduling order is being entered pursuant to Local Rule 103.9. Any inquiries concerning the schedule should be directed to my chambers, not to the Clerk's Office. Any party who believes that any deadline set forth in this Scheduling Order is unreasonable may request in writing a modification of the Order or that a conference be held for the purpose of seeking a modification of the Order, and any such request must be made on or before the first date set forth in Paragraph I below. Thereafter, the schedule will not be changed except for good cause. This case is subject to electronic filing. Please familiarize yourself with the procedures for electronic filing available at: You must use the electronic filing system for filing documents with the Clerk and sending case related correspondence to chambers. When you electronically file a document that, including attachments, is 15 pages or longer, you also must provide a paper copy of the document and a paper copy of the notice of electronic filing. The paper copy should be sent to the Clerk's Office, not directly to my chambers. 1. DEADLINES April 3, 2017: Deadline for requests for modification of initial Scheduling Order April 3, 2017: Joint request for early settlement/ADR conference (This request will not postpone discovery unless otherwise ordered.) April 3, 2017: Report about deposition hours April 3, 2017: Initial report whether there is unanimous consent to proceed before a United States Magistrate Judge April 3, 2017: Deadline for conference about discovery of electronically stored information. (If either or both parties intend to take such discovery, before the conference counsel should review the Principles for the Discovery of Electronically Stored Information in Civil Cases prepared by a Joint bench/bar committee published on the court's website.) May 4,2017: Moving for joinder of additional amendment of pleadings May 19,2017: Plaintiffs Rule 26(a)(2) disclosures June 19,2017: Defendant's Rule 26(a)(2) disclosures July 3, 2017: Plaintiffs rebuttal Rule 26(a)(2) disclosures July 10,2017: Rule 26(e)(2) supplementation of disclosures and responses August 2,2017: Discovery deadline; submission of status report August 9,2017: Requests for admission September 1,2017: Dispositive pretrial motions deadline parties and II. DISCOVERY Initial Disclosures This is an action in which Fed. R. Civ. P. 26(a)(l) disclosures need not be made. Discovery Conference This action is exempted from the requirements of Fed. R. Civ. P. 26(d)(l) and from Fed. R. Civ. P. 26(f). However, you are encouraged to confer with one another immediately in order to: (a) identify the issue(s), (b) set a discovery plan, (c) determine if the case can be resolved before your clients incur further litigation expense, (d) discuss any issues about preserving discoverable information, and (e) establish a cordial professional relationship among yourselves. 2 Procedure All the provisions of Local Rule 104 apply, including the following: a. All discovery requests must be served in time to assure that they are answered before the discovery deadline. An extension of the deadline will not be granted because of unanswered discovery requests. b. The existence of a discovery dispute as to one matter does not justify delay in taking any other discovery. The filing of a motion to compel or a motion for a protective order will not result in a general extension of the discovery deadline. c. No discovery materials, including disclosures, should be filed with the court. Rule 26(a)(l) and Rule 26(a)(2) d. Motions to compel shall be filed in accordance with Local Rule 104.8 and applicable CM/ECF procedures. e. Please be familiar with the Discovery Guidelines of this Court which are Appendix A to the Local Rules. Appendix D contains guidelines for form discovery requests and confidentiality orders that may be helpful to you. Deposition Hours Please confer with one another immediately concerning the number of hours of depositions which you believe are appropriate. If I have not heard from you by the date set forth in Section I of this order, each side shall be limited to 60 hours of depositions of fact witnesses (including parties). (If you agree to another number of deposition hours and notify me of your agreement, you may consider your agreement approved unless you hear from me to the contrary within 10 days.) If there are two or more parties on a particular side, they must share the deposition time allotted to their side unless upon your request I otherwise rule. Any colloquy engaged in by counsel shall be counted against his/her client's deposition time. III. STATUS REPORT The parties shall file on the day of the discovery deadline a status report covering the following matters: a. Whether discovery has been completed; b. Whether any motions are pending; c. Whether any party intends to file a dispositive pretrial motion; 3 d. Whether the case is to be tried jury or non-jury and the anticipated length of trial; e. A certification that the parties have met to conduct serious settlement negotiations; and the date, time and place of the meeting and the names of all persons participating therein; f. Whether each party believes it would be helpful to refer this case to another judge 'Ofthis court for a settlement or other ADR conference, either before or after the resolution of any dispositive pretrial motion; g. Whether all parties consent, pursuant to 28 U.S.C. S 636(c), to have a U.S. Magistrate Judge conduct all further proceedings in this case, either before or after the resolution of any dispositive pretrial motion, including trial Gury or nonjury) and entry of final judgment. h. Any other matter which you believe should be brought to the court's attention. IV. DISPOSITIVE PRETRIAL MOTIONS If more than one party intends to file a summary judgment motion, the provisions of Local Rule I05.2.c apply. After motions and responses thereto have been filed, I will advise you if a hearing is to be scheduled. V. STATUS AND PRETRIAL CONFERENCES I will set a scheduling conference after the status report has been filed, unless that report indicates that one or more of you intends to file a dispositive pretrial motion. In the latter event I will not set a scheduling conference until after I have ruled upon the motion (or the dispositive pretrial motion deadline passes without the anticipated motion being filed). At the scheduling conference: a. I will set a deadline for submitting the pretrial order, motions in limine, proposed voir dire questions and proposed jury instructions; b. I will set a pretrial conference date and a trial date; and c. I will ask you whether a settlement or other ADR conference with a judicial officer would be useful, and whether all parties would consent to trial Gury or non-jury) before a U.S. Magistrate Judge. Please confer with your 4 client about these matters before the conference so that you are in a position to respond. VI. ATTORNEYS' FEES In any case where attorneys' fees may be sought by the prevailing party, counsel must be familiar with the provisions of Local Rule 109.2 and the Rules and Guidelines for Determining Attorneys' Fees in Certain Cases which are Appendix B to the Local Rules. VII. COMPLIANCE WITH LOCAL RULES AND CM/ECF PROCEDURES The court will demand compliance with the Local Rules and CM/ECF procedures. If you need to obtain a copy of the Local Rules or the CM/ECF procedures, they are available on our website at VIII. COMPLIANCE WITH PRIVACY PROTECTION RULE Counsel are reminded that the Federal Rules of Civil Procedure were amended, effective December 1, 2007, with the addition of a new Rule 5.2 which has detailed requirements requiring the redaction of filings with this court that contain an individual's social security number, tax payer identification number, or birth date, the name of an individual known to be a minor, or a financial account number. It is essential that counsel comply with this rule and with the revised version of the Judicial Conference Privacy Policy adopted in March 2008. For further information on the Judicial Conference Privacy Policy see: http://www .mdd. uscourts. gov/news/news/pri vacy memo. pdf. Date: Click here to enter a date. 1. Frederick Motz United States District Judge 5

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