Boston v. Kingstree, Town of et al

Filing 24

ORDER granting 23 Motion to Consolidate Cases in case 4:13-cv-02232-RBH-TER; granting 17 Motion to Consolidate Cases in case 4:13-cv-02901-RBH-TER. Signed by Magistrate Judge Thomas E Rogers, III on 03/12/2014.Associated Cases: 4:13-cv-02901-RBH-TER, 4:13-cv-02232-RBH-TER(dsto, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
Bobbie Lynn Smith,
Plaintiff,
v.
Town of Kingstree, Dan Wells, Ricky
Burrows, Robert Ford, and Freddy Davis in
their official and individual capacities,
Defendants.

Steven Boston,
Plaintiff,
v.
Town of Kingstree, Dan Wells, Ricky
Burrows, Robert Ford, and Freddy Davis in
their official and individual capacities,

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C.A. No. 4:13-cv-02901-RBH-TER

C.A. No. 4:13-cv-02232-RBH-TER

Defendants.

ORDER CONSOLIDATING CASES FOR
DISCOVERY AND REVISING SCHEDULING ORDER
On joint motion of the parties, these cases are hereby consolidated for discovery purposes.
Smith v. Town of Kingstree, et al. will be the lead case and all documents filed in Smith will be
spread to Boston v. Town of Kingstree, et al. The remaining deadlines established by the court’s
scheduling order in Boston v. Town of Kingstree, et al. are hereby revised to reflect the same
deadlines established by the court’s scheduling order in Smith v. Town of Kingstree, et al., as

follows:
6.

Defendant(s) shall file and serve a document identifying by full name, address, and telephone
number each person whom Defendant(s) expects to call as an expert at trial and certifying
that a written report prepared and signed by the expert pursuant to Fed. R. Civ. P. 26(a)(2)(B)
or, where allowed, a report prepared by counsel* has been disclosed to other parties by
March 24, 2014. *NOTE: Amendments effective December 1, 2010, impose new
disclosure requirements for certain expert witnesses.

7.

Counsel shall file and serve affidavits of records custodian witnesses proposed to be
presented by affidavit at trial no later than March 24, 2014. Objections to such affidavits
must be made within fourteen (14) days after the service of the disclosure. See
Fed.R.Evid. 803(6), 902(11), or 902(12) and Local Civil Rule 16.02(D)(3).

8.

Discovery shall be completed no later than May 21, 2014. All discovery requests shall
be served in time for the responses thereto to be served by this date. De bene esse
depositions must be completed by discovery deadline. No motions relating to
discovery shall be filed until counsel have consulted and attempted to resolve the
matter as required by Local Civil Rule 7.02, and have had a telephone conference
with Judge Rogers in an attempt to resolve the matter informally.

9.

All dispositive motions, Daubert motions, and all other motions, except those to complete
discovery, those nonwaivable motions made pursuant to Fed. R. Civ. P. 12, and those
relating to the admissibility of evidence at trial (other than Daubert motions), shall be
filed on or before June 5, 2014. See below ¶ 12 for motions in limine deadline.

10.

Mediation, pursuant to Local Civil Rules 16.04 – 16.12, shall be completed in this case
on or before August 4, 2014. See Standing Order to Conduct Mediation, which sets forth
mediation requirements and is found on the court’s website under Judge Harwell’s forms
(http://www.scd.uscourts.gov). At least thirty (30) days prior to this mediation
deadline, counsel for each party shall file and serve a statement certifying that counsel
has: (1) provided the party with a copy of Standing Order to Conduct Mediation; (2)
discussed the availability of mediation with the party; and (3) discussed the advisability
and timing of mediation with opposing counsel.

11.

No later than August 19, 2014 the parties shall file and exchange Fed. R. Civ. P. 26(a)(3)
pretrial disclosures. Within fourteen (14) days thereafter, a party shall file and exchange
Fed. R. Civ. P. 26(a)(3) objections, any objections to use of a deposition designated by
another party and any deposition counter-designations under Fed. R. Civ. P. 32(a)(6).

12.

Motions in limine must be filed at least three weeks prior to October 6, 2014.

13.

Parties shall furnish the Court pretrial briefs seven (7) days prior to the date set for jury
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selection (Local Civil Rule 26.05).7 Attorneys shall meet at least seven (7) days prior to
the date set for submission of pretrial briefs for the purpose of exchanging and marking
all exhibits. See Local Civil Rule 26.07.(Attorneys are reminded to view the Court’s
instructions online regarding verdict forms, jury instructions, deposition designations,
etc. that may be applicable to their case.)
14.

This case is subject to being called for jury selection and/or trial on or after October 6,
2014.

The parties’ attention is specifically directed to Local Rule 5.03 regarding the filing of
confidential material. The parties’ attention is also directed to the Court’s website regarding
instructions or other orders that may be applicable to your case.

s/Thomas E. Rogers, III
Thomas E. Rogers, III
United States Magistrate Judge
Dated: March 12, 2014
Florence, South Carolina

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Judge Harwell requires that pretrial briefs information found in LCR 26.05 (A)-(M) be
submitted only to the Judge’s chambers; however, pretrial brief information contained in LCR
26.05(N)-(O) shall be served on opposing parties.
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