Hunter v. Salem, Missouri, City of et al

Filing 30

CASE MANAGEMENT ORDER: This case is assigned to Track: 2 (Standard). Motion to Join Parties due by 7/6/2012. Discovery Completion due by 11/16/2012. ADR Future Reference 11/1/2012. Dispositive Motions due by 1/11/2013. Bench Trial set for 6/24/2013 08:30 AM before Honorable E. Richard Webber. Pretrial Compliance due by 6/3/2013. Motion in Limine due by 6/10/2013. (See Order for Further Details) Signed by Honorable E. Richard Webber on May 2, 2012. (BRP)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
ANAKA HUNTER,
Plaintiff(s),
vs.
BOARD OF TRUSTEES, SALEM PUBLIC
LIBRARY; GLENDA WOFFARD;
Defendant(s).

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Case No. 4:12CV00004 ERW

CASE MANAGEMENT ORDER - TRACK 2: STANDARD
Pursuant to the Civil Justice Reform Act Expense and Delay Reduction Plan and the
Differentiated Case Management Program of the United States District Court of the Eastern District
of Missouri, and the Rule 16 Conference held on May 2, 2012.
IT IS HEREBY ORDERED that the following schedule shall apply in this case, and will be
modified only upon a showing of exceptional circumstances:
I.

SCHEDULING PLAN

1.

This case has been assigned to Track 2 (Standard).

2.
All motions for joinder of additional parties or amendment of pleadings shall be filed
no later than July 6, 2012.
3.

Disclosure shall proceed in the following manner:

(a)
The parties shall make all disclosures required by Rule 26(a)(1), Fed.R.Civ.P.,
no later than May 15, 2012.
(b)
Plaintiff shall disclose all expert witnesses and shall provide the reports
required by Rule 26(a)(2), Fed.R.Civ.P., no later than August 31, 2012, shall make expert witnesses
available for depositions, and have depositions completed, no later than September 14, 2012.
Plaintiff shall disclose all rebuttal expert witnesses and shall provide the reports required by Rule
26(a)(2), Fed.R.Civ.P., no later than October 5, 2012, shall make rebuttal expert witnesses available
for depositions, and have depositions completed, no later than October 19, 2012.

(c)1
Defendant shall disclose all expert witnesses and shall provide the reports
required by Rule 26(a)(2), Fed.R.Civ.P., no later than August 31, 2012, shall make expert witnesses
available for depositions, and have depositions completed, no later than September 14, 2012.
Defendant shall disclose all rebuttal expert witnesses and shall provide the reports required by Rule
26(a)(2), Fed.R.Civ.P., no later than October 5, 2012, shall make rebuttal expert witnesses available
for depositions, and have depositions completed, no later than October 19, 2012.
(d)
The presumptive limits of ten (10) depositions per side as set forth in Rule
30(a)(2)(A), Fed.R.Civ.P., and twenty-five (25) interrogatories per party as set forth in Rule 33(a),
Fed.R.Civ.P., shall apply.
(e)
Requests for physical or mental examinations of parties pursuant to Rule 35,
Fed.R.Civ.P., are not anticipated.
(f)

The parties shall complete all discovery in this case no later than November

16, 2012.
(g)
Motions to compel shall be pursued in a diligent and timely manner, but in no
event filed more than eleven (11) days following the discovery deadline set out above.
4.
This case shall be referred to alternative dispute resolution on November 1, 2012, and
that reference shall terminate on January 4, 2013.
5.
Any motions to dismiss, motions for summary judgment or motions for judgment on
the pleadings must be filed no later than January 11, 2013. Briefs in opposition shall be filed within
twenty-one (21) days and any reply briefs shall be filed within seven (7) days.
II.

ORDER RELATING TO TRIAL

This action is set for a NON-JURY trial on June 24, 2013, at 8:30 a.m. This is a threeweek docket.
In this case, unless otherwise ordered by the Court, the attorneys shall, not less than twentyone (21) days prior to the date set for trial:
1.
Stipulation: Meet and jointly prepare and file with the Clerk a JOINT Stipulation of
all uncontested facts, which may be read into evidence subject to any objections of any party set forth
in said stipulation.

1

The dates relating to experts may differ from those stated at the Rule 16 Conference.
Upon further review of the Joint Scheduling Plan after the Conference, the Court noted that the
parties sought simultaneous disclosure.
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2.

Witnesses:

(a)
Deliver to opposing counsel, and to the Clerk, a list of all proposed witnesses,
identifying those witnesses who will be called to testify and those who may be called.
(b)
Except for good cause shown, no party will be permitted to call any witnesses
not listed in compliance with this Order.
3.

Exhibits:

(a)
Mark for identification all exhibits to be offered in evidence at the trial
(Plaintiffs to use Arabic numerals and defendants to use letters, e.g., Pltf-1, Deft.-A, or Pltf Jones-1,
Deft Smith-A, if there is more than one plaintiff or defendant), and deliver to opposing counsel and
to the Clerk a list of such exhibits, identifying those that will be introduced into evidence and those
that may be introduced. The list shall clearly indicate for each business record whether the proponent
seeks to authenticate the business record by affidavit or declaration pursuant to Fed.R.Evid. 902(11)
or 902(12).
(b)
Submit said exhibits or true copies thereof, and copies of all affidavits or
declarations pursuant to Fed.R.Evid. 902(11)or 902(12), to opposing counsel for examination. Prior
to trial, the parties shall stipulate which exhibits may be introduced without objection or preliminary
identification, and shall file written objections to all other exhibits.
(c)
Except for good cause shown, no party will be permitted to offer any exhibits
not identified or not submitted by said party for examination by opposing counsel in compliance with
this Order. Any objections not made in writing at least fourteen (14) days prior to trial may be
considered waived.
4.

Depositions, Interrogatory Answers, and Request for Admissions:

(a)
Deliver to opposing counsel and to the Clerk a list of all interrogatory answers
or parts thereof and depositions or parts thereof (identified by page and line numbers), and answers
to requests for admissions proposed to be offered in evidence. At least fourteen (14) days before
trial, opposing counsel shall state in writing any objections to such testimony and shall identify any
additional portions of such depositions not listed by the offering party which opposing counsel
proposes to offer.
(b)
Except for good cause shown, no party will be permitted to offer any
interrogatory answer, or deposition or part thereof, or answer to a request for admissions not listed
in compliance with this Order. Any objections not made as above required may be considered
waived.

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5.
Motions in Limine: File all motions in limine to exclude evidence, and submit a
courtesy copy directly to the Court’s chambers, at least fourteen (14) days before trial.
Failure to comply with any part of this Order may result in the imposition of sanctions.
So Ordered this 2nd day of May , 2012.

E. RICHARD WEBBER
SENIOR UNITED STATES DISTRICT JUDGE

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