Jacobs v. Robeson County Public Library, et al

Filing 34

CASE MANAGEMENT ORDER - The parties shall provide joint letter with the court by January 1, 2013, identifying the mediator and the date set for mediation. Discovery due by 2/15/2013. Motions due by 2/25/2013. Jury Trial set for that civil term of court commencing 7/22/2013 in New Bern before District Judge Louise Wood Flanagan. The parties should review the attached order in its entirety for additional critical deadlines and information. Signed by District Judge Louise Wood Flanagan on 05/16/2012. (Baker, C.)

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF NORTH CAROLINA

SOUTHERN DIVISION

No. 7: 12-CV-20-FL

SHERRYL LYNN JACOBS,
Plaintiff,

v.
ROBESON COUNTY PUBLIC
LIBRARY, BOARD OF DIRECTORS
FOR ROBESON COUNTY PUBLIC
LIBRARY, ROBERT F. FISHER,
HORACE STACY, GAYLE MCLEAN,
and TINA MELLEN STEPP THOMAS,

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CASE MANAGEMENT

ORDER

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Defendants.

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Pursuant to Federal Rule ofCivil Procedure 26(t), the parties conferred and developed a joint
report and plan for the management ofthis action, with plaintiff appearing in person and defendants
appearing through counsel William Purcell. After reviewing the parties' joint report and plan, filed
May 14,2012, and considering the issues raised, the court orders the following:

I. Discovery
A.

The parties should have exchanged by May 14, 2012, the information required by
Federal Rule of Civil Procedure 26(a)(I).

B.

Discovery will be necessary on the following subjects: whether plaintiff is disabled,
whether she requested reasonable accommodation, whether defendants failed to make
reasonable accommodation, and whether plaintiff's employment was terminated in
violation of the Americans with Disabilities Act.

C.

All discovery shall be commenced or served in time to be completed by February

15,2013.
D.

No party shall serve more than 25 interrogatories, including all discrete subparts, to
any other party. Responses are due 30 days after service ofthose interrogatories.

E.

No party shall serve more than 35 requests for admissions to any other party.
Responses are due 30 days after service of those requests for admissions.

F.

There shall be no more than 10 depositions by plaintiff and 10 by defendant.

G.

Each deposition shall be limited to 4 hours, unless otherwise agreed by the parties.

H.

Disclosures required by Federal Rule of Civil Procedure 26(a)(2), including reports
from retained experts, shall be served by plaintiff by December 4, 2012, and by
defendants by January 19, 2013. The parties shall serve any objections to such
disclosures, other than objections pursuant to Federal Rules of Evidence 702, 703,
or 705, Daubert v. Merrell Dow Pharmaceuticals. Inc., 509 U.S. 579 (1993), Kurnho
Tire Co. v. Carmichael, 526 U.S. 137 (1999) or similar case law, within eleven (11)
days after service ofthe disclosures upon them. These objections should be confined
to technical objections related to the sufficiency of the written expert disclosures
(~,

whether all of the information required by Rule 26(a)(2) has been provided,

such as lists ofprior testimony and publications), These objections need not extend
to the admissibility of the expert's proposed testimony. If such technical objections
are served, the parties shall confer or make a reasonable effort to confer before filing
any motion based on those objections.

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I.

Supplementations of disclosures under Federal Rule of Civil Procedure 26(e) shall
be served at such times and under such circumstances as required by that rule. In
addition, such supplemental disclosures shall be served by January 6, 2013. The
supplemental disclosures served forty (40) days before the deadline for completion
ofall discovery must identifY the universe ofall witnesses and exhibits that probably
or even might be used at trial other than solely for impeachment. The rationale for
the mandatory supplemental disclosures forty (40) days before the discovery deadline
is to put the opposing party in a realistic position to make strategic, tactical, and
economic judgments about whether to take a particular deposition (or pursue follow­
up "written" discovery) concerning a witness or exhibit disclosed by another party
before the time allowed for discovery expires. Counsel and pro se litigants should
bear in mind that seldom should anything be included in the final Rule 26(a)(3)
pretrial disclosures that has not previously appeared in the initial Rule 26(a)(1)
disclosures or a timely Rule 26(e) supplement thereto; otherwise, the witness or
exhibit probably will be excluded at trial. See FED. R. CIv. P. 37(c)(1).

J.

To avoid the filing ofunnecessary motions, the court encourages the parties to utilize
stipulations regarding discovery procedures.

However, this does not apply to

extensions oftime that interfere with the deadlines to complete all discovery, for the
briefing or hearing of a motion, or for trial. See FED. R. Cry. P. 29. Nor does this
apply to modifYing the requirements of Federal Rule of Civil Procedure 26(a)(2)
concerning experts' reports.
II. Motions

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A.

Any motion requesting relief shall be accompanied at time of filing with a proposed
form of order, stating its requested relief.

B.

Any motion for leave to join additional parties or to otherwise amend the pleadings
shall be filed by plaintiff by May 30, 2012, and by defendants by June 15,2012.

C.

All other potentially dispositive motions shall be filed by February 25, 2013. All
motions to exclude testimony of expert witnesses pursuant to Federal Rules of
Evidence 702, 703, or 705, Daubert v. Merrell Dow Pharmaceuticals. Inc., 509 U.S.
579 (1993), Kumho Tire Co. v. Carmichael, 526 U.S. 137 (1999), or similar case
law, shall be filed by the deadline set for dispositive motions.

D.

Any motion to compel discovery shall be filed and served within 30 days of the act
or omission in discovery complained of, unless the time for filing such a motion is
extended for good cause shown. Such motions ordinarily will be referred to a
magistrate judge for ruling.

E.

Any motion to continue must conform with the requirements set forth in Local Civil
Rule 6.1, and also include a detailed statement as to the reason for the requested
continuance or extension of time together with the proposed order. Continuances
will be granted only upon showing of good cause, particularly focusing upon the
evidence of diligence by the party seeking delay and of prejudice that may result if
the continuance is denied.

III. Alternative Dispute Resolution ("ADR")
A.

A settlement procedure is required in virtually every case, to be conducted before the
close of discovery if the case is automatically selected for mediation pursuant to
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Local Civil Rule 101.1 a(b), or before the final pretrial conference ifnot automatically
selected.
B.

This case has been automatically selected for mediation. Reference is made to Local
Civil Rule 101.1 et. seq. The parties shall provide joint letter with the court by
January 1, 2013, identifYing the mediator and the date set for mediation.

C.

If at any time a settlement is reached, it shall be reported immediately to this court.
The parties shall refer to Local Civil Rule lOI.le for their specific obligations.
IV. Trial and Pretrial Settings

A.

This case is set for a jury trial on the court's docket for that civil term of court
beginning July 22, 2013, at the United States Courthouse, New Bern, North
Carolina. The parties did not offer the anticipated length of trial.

B.

Pursuant to Federal Rule of Civil Procedure 16(e), a final pretrial conference will be
scheduled before the undersigned at the United States Courthouse, New Bern, North
Carolina at a date and time approximately two weeks in advance of trial pursuant to
notice of the clerk of court which shall issue approximately two months prior to the
trial term.

C.

At the final pretrial conference the court will:
1.

Rule upon any dispute concerning the contents of the final pretrial order.
Local Civil Rule 16.l(d)(I).

2.

Rule upon any dispute where video depositions are to be used and the parties
have been unable to reach agreement on editing. Local Civil Rule 16.1 (b )(2).

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3.

Rule upon motion relating to admissibility ofevidence, to the extent possible
in advance of trial.

Where the evidentiary question or issue can be

anticipated before the final pretrial conference, motion contemplated by Local
Civil Rule 39.1(a), shall be filed fourteen (14) days prior to the final pretrial
conference, permitting sufficient time for any written response in advance of
conference. Where the question or issue bearing on admissibility ofevidence
cannot reasonably be contemplated in advance of the final pretrial
conference, any motion in limine must be filed not later than seven days prior
to the start of the trial session. Local Civil Rule 39.1 (a).
4.

Where trial of a matter involves a bench trial, discuss generally the nature of
the parties' anticipated proposed findings of fact and conclusions of law, to
discern areas of agreement which may obviate necessity for proof, and those
matters in dispute. Proposed findings of fact and conclusions of law are
required to be filed after the conference, seven days prior to the start of the
trial session. Local Civil Rule 52.1. Counsel shall submit an electronic copy
of said findings of fact and conclusions of law to chambers, in WordPerfect
format, at the following email address:
[e-mail]. Pro se litigants are relieved of

any obligation to submit courtesy electronic copy to chambers.
5.

Where trial ofa matter involves a jury trial, discuss generally the nature of
the parties' anticipated proposed jury instructions, to discern areas of
agreement and disagreement. Proposed instructions are required to be filed

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after the conference, seven days prior to the start of the trial session. Local
Civil Rule 51.1. Counsel shall submit an electronic copy of said proposed
jury instructions to chambers, in WordPerfect format, at the following email
address:
proposedorders_ [e-mail]. Pro se litigants are relieved of

any obligation to submit courtesy electronic copy to chambers.
6.

Where trial of a matter involves a jury trial, consider proposed verdict forms
required to be submitted by counsel and by any pro se litigant to chambers
(but not filed), on the same schedule as the parties' pretrial order referenced
in paragraph D below, seven days prior to the final pretrial conference.
Counsel shall also submit an electronic copy ofsaid documents to chambers,
in WordPerfect format, at the following email address:
[e-mail]. Pro se litigants are relieved of

any obligation to submit courtesy electronic copy to chambers.
7.

Where this conference presents the final opportunity to prevent wasting trial
time on pointless or undisputed matters, endeavor to streamline the trial,
including but not limited to, where applicable, consideration of: bifurcation;
presentation ofnon-critical testimony by deposition excerpts; stipulations as
to the content oftestimony; submission at bench trial ofwitnesses' testimony
as narrative written statements, which can be received at trial in lieu of direct
testimony subject to objections and cross-examination of witnesses; and
qualification of experts by admitted resumes; and
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D.

Explore once more the opportunities for settlement.

Not later than seven days prior to the final pretrial conference, the parties shall
submit to chambers (but not file) the parties' proposed pretrial order. Local Civil
Rule 16.1 (b). This submission shall comply with the form specified in Local Civil
Rule 16.1 (c). Pursuant to Local Civil Rule 16.1(c)(3) and Federal Rule of Civil
Procedure 26(a)(3), objections not disclosed in the pre-trial order are waived unless
excused by the court for good cause. The parties shall submit at the beginning of the
trial copies of all exhibits. Local Civil Rule 39.1(b).

E.

Injury cases, the court will conduct the examination ofjurors. Not later than seven
days prior to the trial, the parties shall file a list of any voir dire questions counsel
desires to ask the jury. Local Civil Rule 47.1(b). Failure to timely file proposed
questions will be deemed a waiver of any supplemental inquiry.

F.

In jury cases, a joint statement of the case will be read by the court to the prospective
panel of jurors before commencement of voir dire. The parties shall file a joint
statement of the case not later than seven days prior to the trial. Unless the case is
extremely complex, this statement, the purpose of which is to acquaint the jury with
the nature of the case and to provide a basis for certain voir dire questions, should
not exceed one paragraph.

G.

Counsel andlor party appearing pro se intending to use the court's evidence
presentation system in the courtroom are required to receive training in the courtroom
in advance of initial use. All related documentation appearing on the court's website
also should be reviewed, including information concerning formatting ofevidentiary

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DVDs. Procedures are described for scheduling training in advance, as required, on
system use generally, and for verifYing compatibility ofevidentiary DVDs in advance
of presentation at hearing or triaL
This case management order shall not be modified except by leave of court upon a showing
of good cause, and all requirements set forth in the court's Local Rules governing pretrial and trial
procedures not altered herein shall be strictly observed.
SO ORDERED, this the! U- day of May, 2012.

/__-v.-JL---------->
. FLANAGAN

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