USA Ex Rel. Wilson, et al v. Graham Co Soil & Wat, et al

Filing 338

ORDER amending Pretrial and Case Management Order re issue of further presentation of evidence in this case pertaining to issue of subject matter jurisdiction. Signed by District Judge Martin Reidinger on 1/27/12. (see Order for details) (Pro se litigant served by US Mail.)(ejb)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
BRYSON CITY DIVISION
CIVIL CASE NO. 2:01cv19

UNITED STATES OF AMERICA,
ex rel. KAREN T. WILSON,

)
)
)
Plaintiff,
)
)
vs.
)
)
GRAHAM COUNTY SOIL &
)
WATER CONSERVATION DISTRICT, )
et. al.,
)
)
Defendants.
)
)

ORDER

THIS MATTER is before the Court sua sponte for the purpose of
amending the Pretrial and Case Management Order heretofore entered in this
matter. The parties appeared before the Court at a status conference on
December 7, 2011, regarding the issue of the further presentation of evidence
in this case pertaining to the issue of subject matter jurisdiction pursuant to
the terms of the remand of the United States Court of Appeals for the Fourth
Circuit.

The Court heard from the parties as to what they contemplate

regarding the presentation of such evidence, and that they anticipated that
there would be no genuine issue as to any material fact concerning subject

matter jurisdiction. The parties acknowledged, however, that the evidence
they intend to present may in fact reflect issues of fact, and in such event that
all parties desire that the Court make a determination as to those facts based
on the evidence theretofore presented by the parties in written form,
particularly in the form of affidavits, transcripts of prior deposition testimony
and documents rather than by any live testimony. Based thereon the Court
determines that the Pretrial and Case Management Order needs to be
amended in order to account for such further proceedings.
IT IS THEREFORE ORDERED as follows:
1. On or before February 13, 2012, the Defendants shall present any
further affidavits, transcripts or other documentary evidence as they desire to
present pertaining to the issue of subject matter jurisdiction. The Defendants
may, but are not required to, file on or before said date a brief setting forth any
further arguments that they desire to present regarding the issue of whether
subject matter jurisdiction lies in this case.

Such brief, for each such

Defendant as desires to file one, shall not exceed ten (10) pages in length, in
14 point type, double spaced.
2. On or before February 27, 2012, the Plaintiff shall present any further
affidavits, transcripts or other documentary evidence as she desires to present

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pertaining to the issue of subject matter jurisdiction. The Plaintiff may, but is
not required to, file on or before said date a brief setting forth any further
arguments that she desires to present regarding the issue of whether subject
matter jurisdiction lies in this case. Such brief, if Plaintiff desires to file one,
shall not exceed ten (10) pages in length, in 14 point type, double spaced.
3. On or before March 12, 2012, the Defendants may file a reply brief
responding to the further evidence and brief of the Plaintiff, if the Plaintiff has
filed such. Such reply brief shall not exceed seven (7) pages in length, in 14
point type, double spaced.
4. Also on or before March 12, 2012, all parties shall file with the Court
the following:
a. Proposed Findings and Conclusions that each party asserts that the
Court should enter with regard to the issue of subject matter jurisdiction;
b. Such proposed Findings and Conclusions shall be annotated whereby
the party tendering such proposed finding cites to the specific evidence
supporting such finding. Such citation shall state where such evidence can
be located in the record of this case (e.g. [Doc. ___]) and shall be
accompanied by a copy of such exhibit (the documents need not be attached
if such were part of the filings of February 13 or February 27,as outlined

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above). If such supporting evidence consists in whole or in part of deposition
testimony, then the party shall identify the witness who testified in support
thereof and shall provide a copy of the portion of the transcript showing such
testimony.
Signed: January 27, 2012

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