Bradburn et al v. North Central Regional Library District

Filing 9

SCHEDULING ORDER: Pretrial Conference set for 1/8/2008 10:00 AM in Richland before Judge Edward F. Shea. Bench Trial set for 1/22/2008 09:00 AM in Richland before Judge Edward F. Shea. Signed by Judge Edward F. Shea. (VR, Case Administrator)

Bradburn et al v. North Central Regional Library District

Doc. 9

Case 2:06-cv-00327-EFS

Document 9

Filed 02/27/2007

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. A telephonic status conference was held in the above-entitled matter on February 21, 2007. Robert Hyde appeared on behalf of Plaintiffs. Thomas Adams appeared on behalf of Defendant. A Joint Status Certificate (Ct. Rec. 7) was filed by the parties. The Court having reviewed the UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON SARAH BRADBURN, et al., Plaintiffs, NO. CV-06-327-EFS SCHEDULING ORDER

documents in the file and discussed the adoption of a scheduling order with counsel, now enters the following Scheduling Order. The dates set

forth in this Order may be amended only by Order of the Court and upon a showing of good cause. IT IS ORDERED: 1. Parties have completed the exchange of Federal Rule of Civil

Procedure 26(a)(1) material. 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). SCHEDULING ORDER ~ 1
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a.

Plaintiffs

shall

identify

their

experts,

serve

those

experts' Rule 26(a)(2) reports on Defendant, and file the Rule 26(a)(2) reports with the Court no later than July 6, 2007. Plaintiffs shall also provide dates for which those experts can be available for deposition. b. Defendant shall identify its experts, serve those experts' Rule 26(a)(2) reports on Plaintiffs, and file the Rule 26(a)(2) reports with the Court no later than August 3, 2007. Defendant shall also provide dates for which those experts can be available for deposition. c. Plaintiffs shall identify their rebuttal experts, serve those experts' Rule 26(a)(2) reports on Defendant, and file the Rule 26(a)(2) reports with the Court no later than August 17, 2007. Plaintiffs shall also provide dates for which those experts can be available for deposition. 3. All discovery, be including by depositions September 14, and 2007 perpetuation ("Discovery

depositions,

shall

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 September 28, 2007.

motions shall be filed and served within 21 days after service of the

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motion.

The reply of the moving party shall be filed and served 5 days,

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. 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 America, 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 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

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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. Witness/Exhibit lists shall be filed and served and exhibits made available for inspection or copies provided to the parties on or before November 16, 2007. For each witness, the witness list shall include a

brief description of the witness, a brief summary of the witness' anticipated testimony, whether the witness will be called as an expert,

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and any known trial date/time conflicts that witness has.

For each

exhibit, the exhibit list shall include a brief description of the exhibit. Additionally, all exhibits shall be pre-marked; Plaintiffs'

exhibits are to be numbered 1-499; Defendant's exhibits shall be numbered 500-999. Objections to witnesses/exhibits shall be filed and served on or before November 28, 2007, AND SHALL BE HEARD AT THE PRETRIAL CONFERENCE. All objections to witnesses shall set forth a legal basis and explanation for the objection. Objections to an exhibit or the portion to which

there are objections, shall be accompanied by a full and complete copy of the exhibit in question and set forth a short legal basis and explanation for the objection. witness or exhibit has five The party seeking the admission of the days, excluding federal holidays and

weekends, to file a response to the opposing party's objection; no reply is to be filed. 10. Designation of substantive, as opposed to impeachment,

deposition or prior testimony to be used at trial shall be highlighted in yellow by Plaintiff or in blue by Defendant in a complete transcript of the deposition or prior testimony and served on or before November 16, 2007. Cross-designations shall be highlighted in yellow by Plaintiff or

in blue by Defendant in the transcript containing the opposing party's initial designations and shall be served on or before December 5, 2007. All objections to designated deposition or prior testimony and the legal bases for the objections, shall be filed and served on or before December 12, 2007. Any designated deposition or prior testimony objected to shall be underlined in black in a complete yellow/blue highlighted

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copy of the deposition/prior testimony transcript described above.

A

paper copy of the underlined document shall be filed and served with the objections. The party seeking admission of the testimony has 5 days,

excluding federal holidays and weekends, to file a response; no reply is to be filed. If the deposition was videotaped, and the videotape is to

be used at trial, the party seeking to use the videotaped deposition shall indicate the relevant portion on both the written transcript and the videotape. Similarly, objections shall be made on the written

transcript as explained above along with the applicable time stamp on the videotape noted. All objections to deposition and prior testimony

designations shall be heard and resolved at the pretrial conference. 11. All unresolved substantive or evidentiary issues that may

forseeably arise during trial shall be addressed by MOTIONS IN LIMINE to be filed and served on or before November 28, 2007. be addressed and resolved at the pretrial conference. 12. An in person pretrial conference will be held at 10:00 a.m. on Such motions will

January 8, 2008, in Richland, Washington. 13. A JOINT PROPOSED PRETRIAL ORDER prepared in accordance with

Local Rule 16.1(b) shall be filed on or before December 20, 2007. Counsel is instructed to e-mail the Pretrial Order, in WordPerfect or text only format, to "[e-mail]". 14. The list of exhibits contained in the Joint Proposed Pretrial In

Order shall reflect the exhibit marking scheme described above.

preparing the Joint Proposed Pretrial Order, the parties shall confer regarding duplicative exhibits and determine which party will submit such exhibits for trial. Counsel shall prepare and file a list of all

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exhibits which will be admitted without objection no later than January 11, 2008. 15. In accordance with Local Rule 83.1(g), each party shall bring

to trial, the pretrial conference, and any other hearing on the merits, photocopies of their relevant pre-marked exhibits for the Court, opposing counsel, and testifying witness, unless it is not possible to do so because of the nature of an exhibit. Photocopies for these different

individuals are to be organized into separate binders by exhibit number. 16. Trial briefs and Proposed Findings of Fact and Conclusions of Law shall be filed and served on or before January 11, 2008. A courtesy copy

of these documents shall also be submitted by e-mail to Chambers. Counsel is instructed to e-mail these documents, in WordPerfect or text only format, to "[e-mail]". 17. Any time-sensitive materials should be faxed to Chambers at

[phone]. 18. The estimated eight day Bench Trial shall commence at 9:00 a.m. Counsel shall meet with

on January 22, 2008, in Richland, Washington.

the Court in Chambers at 8:30 a.m. on the day of trial. IT IS SO ORDERED. The District Court Executive is hereby directed

to enter this Order and to furnish copies to counsel. DATED this 27th day of February, 2007.

S/ Edward F. Shea EDWARD F. SHEA United States District Judge
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