Parents, Families, and Friends of Lesbians and Gays, Inc. et al v. Camdenton R-III School District et al

Filing 46

SCHEDULING ORDER entered by Judge Nanette Laughrey. Discovery due by 3/9/2012. Dispositive Motions due by 4/2/2012. Pretrial Conference set for 10/1/2012 at 08:30 AM in District Courtroom 4A, Jefferson City. Bench Trial set for 10/1/2012 at 09:00 AM in District Courtroom 4A, Jefferson City. (Attachments: # 1 Memo on PTC) (Kanies, Renea)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI CENTRAL DIVISION PARENTS, FAMILIES, AND FRIENDS OF LESBIANS AND GAYS, INC., et al., ) ) ) Plaintiffs, ) ) v. ) ) CAMDENTON R-III SCHOOL DISTRICT,) et al., ) ) Defendants. ) No. 11-04212-CV-C-NKL SCHEDULING AND BENCH TRIAL ORDER Pursuant to Rules 16(b) and 26(f) of the Federal Rules of Civil Procedure, and upon consideration of the parties' proposed scheduling order and arguments, the following schedule is hereby established: A. TRIAL SETTING: 1. This case is set for trial on the docket commencing at 9:00 a.m. on October 1, 2012, in the United States Courthouse, 80 Lafayette, Jefferson City, Missouri 65101. This is a two week docket and the case may be tried at any time between October 1, 2012 and October 12, 2012. The list of cases to be tried will be sent to the parties approximately six - eight weeks in advance of that docket. The parties shall stay in touch with my courtroom deputy, Renea Kanies (816-5125689) to determine when their case will be reached for trial. 2. Unless requested within fourteen (14) days from the date of this Order, no continuance of the trial date or the pretrial conference date will be given except upon written notice and for exceptional cause. B. PLEADINGS: 1. Any motion to join additional parties will be filed on or before November 1, 2011. 2. Any motion to amend the pleadings will be filed on or before November 1, 2011. C. DISCOVERY: 1. Absent extraordinary circumstances, all discovery motions will be filed on or before February 8, 2012. See Local Rule 37.1 for procedures that must be followed before filing a discovery motion. The Court will not entertain any discovery motion absent full compliance with Local Rule 37.1. Any discovery motion filed without complying with Local Rule 37.1 will be denied. In the event that a teleconference is needed, my courtroom deputy may be reached at (816) 512-5689. All teleconference requests should be directed to her. Each party to the dispute shall fax a description of the discovery dispute, not to exceed one page in length, to the Court at (573) 636-5108, and to opposing counsel at least 24 hours before the teleconference. 2. Expert designations and depositions will be as follows: a. On or before January 9, 2012, the Plaintiff will designate any expert witnesses it intends to call at trial. This includes any person who may present evidence under Rules 702, 703, or 705 of the Federal Rules of Civil Procedure. b. On or before February 8, 2012, the Defendant will designate any expert witnesses it intends to call at trial. This includes any person who may present evidence under Rules 702, 703, or 705 of the Federal Rules of Civil Procedure. c. On or before March 9, 2012, all depositions of expert witnesses will be completed. 3. All pretrial discovery authorized by the Federal Rules of Civil Procedure will be completed on or before March 9, 2012. This means that all discovery disputes must be resolved and all depositions taken prior to the date specified in this paragraph. 2 D. DISPOSITIVE MOTIONS: All dispositive motions, except those under Rule 12(h)(2) or (3), will be filed on or before April 2, 2012. All summary judgment motions will comply with Local Rule 56.1. The Court will treat all Daubert motions as dispositive motions for purposes of this paragraph. E. EXTENSION OF TIME: 1. All motions for extension of time pursuant to Rule 6(b) or Rules 31, 33, 34 and 36 must state: a. first due; The date when the pleading, response or other action is/was b. The number of previous extensions and the date the last extension expires; c. The cause for the requested extension, including a statement as to why the action due has not been completed in the allotted time; and d. Whether the requested extension is approved or opposed by opposing counsel (agreement by counsel of a requested extension is not binding on the Court). 2. Unless requested within fourteen (14) days from the date of this Order, no continuance of the trial date or the pretrial conference date will be given except upon written notice and for exceptional cause. F. PRETRIAL CONFERENCES: A pretrial conference will be held 1/2 hour before the trial in the United States District Court, Courtroom 4A, 80 Lafayette Street, Jefferson City, Missouri. Lead trial counsel will participate in this conference. Prior to the trial, counsel for all parties shall meet, prepare and sign a Memo on Pretrial Conference in the form attached. The Memo on Pretrial Conference must be filed electronically by 5:00 p.m. on September 21, 2012 . All parties are responsible for the preparation of the Memo on Pretrial Conference and shall jointly complete this Memo. 3 G. WITNESS LIST:. If a witness is not listed by a party in the Memo on Pretrial Conference, that witness will not be permitted to testify absent leave of Court. H. EXHIBITS: Pursuant to Local Rule 39.1, each party will file and serve a list of all exhibits which may be offered at trial on or before September 14, 2012. The parties shall additionally prepare and provide to the courtroom deputy, the morning of trial, an Exhibit Index, with said index being prepared on a form provided by the Clerk's Office. 1. Exhibit List: Except by leave of Court for good cause, no exhibit will be received in evidence which is not listed in the Memo on Pretrial Conference. 2. Marking: Plaintiff and Defendant shall use numbers, designating who is offering the exhibit (P1 for Plaintiff's Exhibit 1, D1 for Defendant's Exhibit 1, J1 for Joint Exhibits, etc.). Each item, i.e., each photograph, each document, must have its own exhibit number. All exhibits shall be marked by the parties prior to trial. 3. Copy of exhibits for Court. At the time an exhibit is used during trial, the party who first uses the exhibit must provide a copy of the exhibit to the Court. I. TRIAL BRIEFS: Trial briefs shall be submitted on or before September 21, 2012. J. PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW: At least five (5) days prior to the date of trial, counsel for each party are required to file proposed findings of fact and conclusions of law. K. MOTIONS IN LIMINE: Motions in limine must be filed at least ten (10) business days prior to trial. Responses to any motions in limine must be filed at least 4 three (3) business days prior to trial. The parties shall file all motions in limine in a single document on ECF, designating separate evidentiary issues by numbered headings within that document; response or reply briefs shall be filed in a single document on ECF and correspond to the numbered headings in the opening brief. L. SETTLEMENT DEADLINE: Unless otherwise ordered, the court hereby imposes a settlement deadline of 12:00 Noon on day before trial. If the case is settled after that date, the court may enter an order to show cause why certain costs should not be imposed on the party or parties causing the delay in settlement. IT IS SO ORDERED. s/ NANETTE K. LAUGHREY NANETTE K. LAUGHREY UNITED STATES DISTRICT JUDGE Dated: September 20, 2011 5

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