Bradburn et al v. North Central Regional Library District

Filing 17

ORDER GRANTING JOINT MOTIONS TO MODIFY CASE SCHEDULING ORDER ON EXPEDITED BASIS; granting 14 Joint MOTION to Expedite Hearing Re: Motion to Modify Case Scheduling Order; granting 15 Joint MOTION to Modify Case Scheduling Order; Telephonic Scheduling Conference set for 10/3/2007 08:45 AM, at which time a new pretrial conference date, trial date and pretrial deadlines not addressed in this order will be set. Signed by Judge Edward F. Shea. (CV, Case Administrator)

Bradburn et al v. North Central Regional Library District

Doc. 17

Case 2:06-cv-00327-EFS

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 v. NORTH CENTRAL REGIONAL LIBRARY DISTRICT, Defendant. BEFORE THE COURT, without oral argument, are Joint Motions to Modify Case Scheduling Order (Ct. Rec. 15) and for Expedited Hearing (Ct. Rec. 14). After reviewing the submitted material, the Court finds good cause UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON SARAH BRADBURN, et al., Plaintiffs, NO. CV-06-327-EFS ORDER GRANTING JOINT MOTIONS TO MODIFY CASE SCHEDULING ORDER ON EXPEDITED BASIS

to modify the Scheduling Order (Ct. Rec. 9) to extend pretrial deadlines. As a result of these extensions, a continuance of the pretrial conference and trial are necessary. The deadlines set forth in this Order may be IT

amended only by Order of the Court and upon a showing of good cause. IS HEREBY ORDERED: 1.

The Joint Motions to Modify Case Scheduling Order (Ct. Rec. 15)

and for Expedited Hearing (Ct. Rec. 14) are GRANTED. 2. Rule 26(a)(2) Expert Identification and Reports - Parties are

warned that failure to timely identify experts and provide reports in accordance with Rule 26 and this scheduling order may result in exclusion of such testimony absent good reason. See Wong v. Regents of the Univ. of Cal., 410 F.3d 1052 (9th Cir. 2005).

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a.

Defendant

shall

identify

its

experts

and

serve

those

experts' Rule 26(a)(2) reports on Plaintiffs no later than October 12, 2007. Defendant shall also provide dates for which those experts can be available for deposition. b. Plaintiffs shall identify their rebuttal experts and serve those experts' Rule 26(a)(2) reports on Defendant no later than November 9, 2007. Plaintiffs shall also provide dates for which those experts can be available for deposition. Counsel is directed to e-mail the Rule 26(a)(2) reports to

[e-mail] at the time they serve the opposing counsel. Counsel is then directed to file a Notice with the Court indicating their compliance with this Scheduling Order's Rule 26(a)(2) requirements. 3. All discovery, shall be including by depositions November 16, and 2007 perpetuation ("Discovery

depositions,

completed

Cutoff"). All interrogatories, requests for production, and requests for admission shall be served on the opposing party no later than 70 days prior to the Discovery Cutoff. All motions for protective orders must

be filed and served no later than 40 days prior to the Discovery Cutoff. All motions to compel discovery must be filed and served no later than 30 days prior to the Discovery Cutoff. 4. THE PARTIES SHALL FILE NO DISCOVERY EXCEPT THOSE PORTIONS

NECESSARY TO SUPPORT MOTIONS OR OBJECTIONS. 5. All dispositive and Daubert motions shall be FILED AND SERVED on Responses to dispositive and Daubert

or before November 30, 2007.

motions shall be filed and served within 21 days after service of the motion. The reply of the moving party shall be filed and served 5 days,

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excluding federal holidays and weekends, after service of the opposing party's response. The parties shall also file a Joint Statement of

Uncontroverted Facts for purposes of Federal Rule of Civil Procedure 56(d); this Statement shall be filed and served 3 days (excluding federal holidays and weekends) after service of the reply, with a courtesy copy e-mailed to [e-mail] in WordPerfect or text-only format. No supplemental responses or supplemental replies to any dispositive or Daubert motion may be filed unless the Court grants a motion to file such documents. Contrary to the Local Rules, dispositive and Daubert

motions shall be noted for hearing at least 45 days after the date of filing. The parties will receive only one hearing date per month for

dispositive motions of up to five issues per party. Parties must identify any issue of liability or damages which should be certified to the State Supreme Court no later than the date for the filing of dispositive motions. 6. When a party relies on deposition testimony to support a position it takes in support or opposition to an issue, that party shall provide the Court with only the pertinent excerpts of the deposition testimony relied upon and shall cite to page and line numbers of the deposition it believes supports its position. See generally LR 56.1(e). Submission

of the entire deposition and/or failure to cite to specific portions of the deposition may result in the submission being stricken from the record. See Orr v. Bank of Am., 285 F.3d 764, 774-75 (9th Cir. 2002). In addition, when a party references a document previously filed with or by the Court, that party shall cite to the document by the record number

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given to the document by the Clerk of the Court, e.g. (Ct. Rec. 43). Furthermore, because the Court is able to easily review previously filed court records, no such documents shall be attached as exhibits to any filing. 7. Although Motions to Reconsider are disfavored, any Motion to

Reconsider shall be filed no later than 10 days after the filing date of the Order which is the subject of the motion, and shall be noted for hearing without oral argument. No responses or replies to Motions to

Reconsider shall be filed, unless the Court expressly requests responses or replies. Counsel shall follow CR 7(h) of the United States District Motions to Reconsider

Court Western District of Washington local rules. shall not exceed five pages.

8. Parties are to comply with Local Rule 7.1(h) when noting motions for hearing, except as modified by this Court for dispositive and Daubert motions as set out above. If oral argument is necessary, counsel shall

contact the Courtroom Deputy at 509-376-7262 to obtain a hearing date and time. If there is need to have a motion heard on an expedited basis, the party must file a Motion for Expedited Hearing and an accompanying memorandum establishing need for an expedited hearing. The Motion for

Expedited Hearing shall be noted for hearing, without oral argument, no sooner than two days after the filing date of the motion, absent good cause shown. 9. All other dates and deadlines in the Court's Scheduling Order

(Ct. Rec. 9) are STRICKEN to be reset at the telephonic Scheduling Conference set for October 3, 2007, at 8:45 a.m. The parties are to call

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into the Court's public conference line (509-376-8880); use of cellphones is prohibited. Ten days in advance of the hearing, the parties

are to submit a joint statement advising the Court as to available trial dates beginning March 2007 and thereafter. IT IS SO ORDERED. The District Court Executive is hereby directed

to enter this Order and to furnish copies to counsel. DATED this 18th day of September 2007.

s/ Edward F. Shea EDWARD F. SHEA United States District Judge
Q:\Secty\CIVIL\2006\06cv327efs sched ord.amend.frm

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