JTH Tax, Inc. v. Whitaker
Filing
48
Order - Rule 16(b) Scheduling Order - Pursuant to the Rule 16(b) Conference it is ordered that Final Pretrial Conference set for 12/20/2007 12:00 PM in N Courtroom 2; Bench Trial set for 1/8/2008 at 10:00 AM. Signed by Judge Henry C. Morgan Jr.; dated 8/9/07; filed 8/24/07.(mwin, )
JTH Tax, Inc. v. Whitaker
Doc. 48
Case 2:07-cv-00170-HCM-TEM
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FOR THE EASTERN DISTRICT OF VIRGINIA j
NORFOLK DIVISION j
IN THE UNITED STATES DISTRICT COURJT
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mr> 0
JTH TAX, INC. doing business as
Liberty Tax Service,
Plaintiff,
v.
Civil Action No. 2:07cvl70
KENYA WHITAKER, et al,
Defendants.
RULE 16(fr> SCHEDULING ORDER
Subject to any motions now pending, the parties having reported to the Court in accordance with Federal Rules of Civil Procedure (hereinafter "Rule") 26(f), the
Court ORDERS as follows (only the court, by order, may approve extensions of
time):
1. Trial shall commence on January 8. 2008. at 10:00 a.m.. at Norfolk.
Unless otherwise ordered by the court, the party intending to offer exhibits at trial shall
place them in a binder, properly tabbed, numbered, and indexed, and the original and two
(2) copies shall be delivered to the Clerk, with copies in the same form to the opposing
party, one (1) business day before the trial. The submitting party may substitute
photographs for demonstrative or sensitive exhibits.
2. The party having the burden of proof upon the primary issue to which
potential Rule 702, 703 or 705 evidence is directed shall identify expert witnesses to be
proffered upon such an issue by name, residence and business address, occupation and
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field of expertise on September 7.2007. The disclosure outlined in Rule 26(a)(2)(B)
shall be made on October 5. 2007. In addition to the disclosures required by Rule
26(a)(2)(B), the same disclosures shall be made on the same dates regarding all witnesses
proffered by a party for the purpose of presenting evidence under Rules 702, 703 or 705
of the Federal Rules of Evidence, whose first direct contact with the case or the parties
occurred subsequent to the filing of this action. Rule 702, 703 or 705 disclosures
intended solely to respond to, contradict or rebut evidence on the same subject matter
disclosed by another party pursuant to paragraph (a)(2)(B) of Rule 26, or pursuant to this order, shall be made on November 5.2007. Any rebuttal disclosure by the party bearing
the initial burden of proof shall be made on November 20.2007. and shall be limited as
to source to expert witnesses previously identified. Further rebuttal to Rule 702, 703 or
705 evidence shall be permitted only by leave of court.
3. Discovery shall be commenced timely and, except as to expert
witnesses, shall be completed by plaintiffs) on or before October 30, 2007; by defendant(s) on or before November 27.2007. "Completed" means that interrogatories, requests for production, and requests for admission must be served at least thirty (30)
days prior to the established completion date so that responses thereto will be due on or
before the completion date. All subpoenae issued for discovery shall be returnable on or
before the completion date. Unrepresented parties may request subpoenae of witnesses
for depositions or trial, but such requests must be accompanied by a memorandum containing the name, address and purpose of the testimony of each witness and be
approved in advance of issue by a judge or magistrate judge of this court. Such approval
shall not preclude any witness from contesting a summons. In accordance with Rule 5(d),
depositions upon oral examination and upon written questions, interrogatories, requests
for production, requests for admission, notices for depositions and production, requests
for disclosure of expert information, expert information, disclosures, and answers and
responses or objections to such discovery requests shall not be filed with the court until
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they are used in the proceeding, or ordered filed by the court. Discovery improperly
submitted will be discarded by the clerk without notice to counsel. The party taking a
deposition or obtaining material through discovery is responsible for its preservation and
delivery to the court if sought to be used by any party or ordered filed.
4. All discovery of experts, and all depositions taken by the proponent of a
witness for presentation in evidence in lieu of the appearance of the witness at trial, shall
be concluded on or before December 4.2007.
5. The pretrial disclosures required by Rule 26(a)(3) shall be delivered to
all counsel and unrepresented parties on or before December 4,2007, and filed with the
Court at the final pretrial conference as part of the final pretrial order. Any objections to
this disclosure shall be delivered to all counsel and unrepresented parties on or before
December 11.2007. and, if unresolved, will be heard at the final pretrial conference.
The failure to deliver timely objections to Rule 26(a)(3) disclosures shall constitute a waiver of the right to object. Wherever delivery to counsel or unrepresented parties, as opposed to the Clerk, is required by this order, facsimile transmission or equivalent
electronic transmission during normal business hours on the due date, accompanied by
simultaneous service by mail, shall be considered timely.
6. An attorneys' conference is scheduled in the office of counsel for
plaintiff or, if the plaintiff is unrepresented, at the office of counsel for the defendant
whose office is located closest to the courthouse at Norfolk on December 13,2007 at 2:00 p.m. Counsel and unrepresented parties shall meet in person and confer for the
purpose of reviewing the pretrial disclosure required by Rule 26(a)(3), preparing
stipulations, and marking the exhibits to be included in the final pretrial order outlined in paragraph 7. With the exception of rebuttal or impeachment, any information required by
Rule 26(a)(3) not timely disclosed, delivered, and incorporated in the proposed final pretrial order shall result in the exclusion of the witnesses, depositions, and exhibits
which are the subject of such default.
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7. A final pretrial conference shall be conducted on December 20,2007
at 12:00 noon, in Court room 2. at the courthouse in Norfolk, at which time trial counsel
and unrepresented parties shall appear and be prepared to present for entry the proposed
final pretrial order setting forth: (1) a stipulation of undisputed facts; (2) identification of
documents, summaries of other evidence, and other exhibits in accordance with Rule 26
(a)(3)(C) to which the parties agree; (3) identification of Rule 26(a)(3)(C) materials
sought to be introduced by each party to which there are unresolved objections, stating the
particular grounds for each objection, and arranging for the presence of any such materials at this conference; (4) identification of witnesses in accordance with Rule
26(a)(3)(A) indicating any unresolved objections to the use of a particular witness and the
grounds therefor, and designating those witnesses expected to testify by deposition in
accordance with Rule 26(a)(3)(B); (5) the factual contentions of each party; and (6) the
triable issues as contended by each party. While preparation of the final pretrial order
shall be the responsibility of all counsel and unrepresented parties, counsel for the
plaintiff, or if the plaintiff is unrepresented, counsel for the first-named defendant, shall
distribute a proposed final draft to all other counsel and unrepresented parties on or
before December 18.2007. Unresolved objections shall be noted in the proposed final
pretrial order, but disagreements concerning the content of the final draft shall be
resolved before the final pretrial conference, at which time the parties shall present a
complete and endorsed proposed draft of the final pretrial order. Failure to comply with
the requirements of this paragraph may result in the imposition of sanctions pursuant to
Rule 16(f).
8. Trial by jury has not been demanded. Proposed findings of fact and
conclusions of law shall be delivered to the Clerk on or before January 2,2008.
9. Motions
a. Disposition of motions for summary judgment is left to the
discretion of the court, and such motions may or may not be addressed prior to trial.
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b. Counsel must file a brief in support of their motion or response to a motion as required by Local Civil Rule 7(F).
c. Briefs may not exceed the page limits set by Local Civil Rule 7(F)(3)
without an order of the court.
d. Counsel filing a dispositive or partially dispositive motion against a
prose party must comply with the notice requirements of Local Civil Rule 7(K). e. The original signature of counsel of record must be on all pleadings
and motions filed with the court. Local counsel are required to sign the pleading. See
Local Civil Rule 83.1(F) for counsel's responsibilities.
10. ADR has neither been requested nor ordered in this case. If the parties
agree upon a settlement, counsel for one of the parties shall immediately notify the court
by facsimile mail directed to the clerk's office with copies to all other counsel of record.
If an endorsed dismissal order is not received within eleven (11) days of receipt of the
facsimile notice by the clerk, the court may enter an order dismissing the case with
prejudice and retaining jurisdiction to enforce the settlement.
11. It is the rule in Judge Morgan's court that counsel may not make reference to the amount of the ad damnum in a complaint seeking unliquidated damages or suggest an appropriate sum for unliquidated damages such as pain and suffering.
Other Judges in the Norfolk Division may have similar rules and counsel should inquire if
in doubt.
/s/ Henry Coke Morgan, Jr. Senior United States District Judge
HENRY COKE MORGAN, JR.
UNITED STATES DISTRICT JUDGE
Date: August 9, 2007
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