U.
S. DISTRICT COURT
WESTERN DISTRICT ARKANSAS
JOHN
S. LA TOUR
PLAINTIFF
V.
FILE NO. 02-5001
CITY
OF FAYETTEVILLE, AR
DEFENDANTS
CIVIL
TRIAL SCHEDULING ORDER
This case is RESET for
A JURY TRIAL in FAYETTEVILLE, ARKANSAS at the call of
the Court during the week beginning MAY 12, 2003.
Counsel and unrepresented parties are directed to report to the Judge's
chambers at 8:30 A.M. on the date of trial unless otherwise notified.
Parties are directed to comply with the following schedule:
1. Initial Disclosures:
Mandatory initial disclosures pursuant to F.R.C.P. 26(a)
(1) must be made no later than OCTOBER 15, 2002
2. Discovery:
(a) Discovery must be completed no later than JANUARY 20,
2003.
(b) Except in extraordinary circumstances, problems with
discovery which are not brought to the Court's attention in time for the
opponent to make a proper response and the Court to make an informed ruling
prior to JANUARY 20, 2003 will be deemed waived.
3. Procedural and Dispositive Motions:
(a) Motions to amend pleadings or to join other parties
must be filed no later than DECEMBER 20, 2002.
(b) Motions for dismissal, summary judgment, or other
relief which would dispose of the case without trial must be filed no later than
JANUARY 24, 2003.
4. Pre-Trial Motions and Objections:
Pre-trial motions, including Daubert motions and
motions in limine, and objections to mandatory pre-trial disclosures in
the Pre-Trial Disclosure Sheet, must be filed no later than fourteen (14) days
before trial.
5. Jury Instructions:
(a) In any case to be tried to a jury, the parties must
submit proposed jury instructions to the Court and opposing counsel no later
than fourteen (14) days before trial. Each instruction must be accompanied by a
citation to supporting authority. "Boilerplate" instructions need not
be submitted.
(b) The parties are expected to confer in good faith
regarding the applicable ,law and to submit an agreed set of jury instructions
so far as possible.
(c) Objections to jury instructions must be submitted to the
Court and opposing counsel no later than five (5) days before trial.
6. Proposed Findings of Fact & Conclusions of Law:
In any case to be tried to the Court, the parties must
submit proposed findings of fact and conclusions of law to the Court and
opposing counsel no later than fourteen (14) days before
trial.
7. Experts: All parties must make initial expert disclosures not later
than ninety (90) days prior to the trial date and rebuttal expert
disclosures must be made within thirty (30) days thereafter.
8. Pre-Trial Disclosure Sheet:
(a) No later than twenty-one (21) days before trial,
the parties must file a Pre-Trial Disclosure Sheet following the outline
which appears at the conclusion of this Order.
(b) Witnesses and exhibits not disclosed in the Pre-Trial
Disclosure Sheet may not be used at trial except in extraordinary circumstances.
9. Exhibits:
(a) Parties are directed to come to trial with all
exhibits properly marked in numerical sequence and listed on the enclosed form,
with notations as to which exhibits, if any, will be admitted by stipulation of
the parties.
(b) On request, a party shall make the original of any
exhibit available to opposing counsel for inspection.
10. Continuances: No continuances will be granted except for good
cause shown. That a party does not have time to depose a witness; to complete
discovery; or otherwise prepare for trial will not normally be considered to be
good cause.
11.
Miscellaneous:
(a) Trial Length: If any party anticipates the
trial will take more than three (3) days, the Court should be immediately
notified.
(b) Settlement: If
settlement occurs, the Court should be advised immediately by telephoning Gail
Garner, Courtroom Deputy, at 479-444-7876 (Fayetteville). A case reportedly
settled will not be removed from the trial calendar until the Court has signed
and filed an order of dismissal.
(c) Settlement Conferences: The Court has
authorized the U.S. Magistrate Judges for the Western District of Arkansas to
conduct settlement conferences in selected cases. Settlement conferences may be
conducted if it appears to the U. S. Magistrate Judge that such would be useful,
or if either party so requests.
Settlement conferences will be conducted in the Fort Smith,
Fayetteville and Harrison Divisions by U.S. Magistrate Judge Beverly Stites-Jones,
P.O. Box 1525, Fort Smith, Arkansas 72902, and in the Hot Springs, El Dorado and
Texarkana Divisions by U.S. Magistrate Judge Bobby E. Shepherd, P. o. Box 1733,
El Dorado, Arkansas 71731.
(d) Effect of Continuances: If this case should be
continued from its scheduled trial date, this Order will nevertheless remain in
effect unless otherwise ordered.
(e) Amendments to this Scheduling Order: The
parties may not amend or deviate from the schedule set out herein without
the prior express permission of the Court, which permission will be
granted only on a showing of good cause.
IT IS SO ORDERED this 30 day of September, 2002.
JIMM
LARRY HENDREN
UNITED STATES DISTRICT JUDGE
OUTLINE FOR PRETRIAL DISCLOSURE SHEET
(1) The identity of the party submitting information.
(2) The names, address, and telephone numbers of counsel for the party.
(3) A brief summary of claims and relief sought.
(4) Prospects for settlement. (The Court expects attorneys to explore
the possibility of
settlement before responding.)
(5) The basis for jurisdiction or objections to jurisdiction.
(6) A list of pending motions.
(7) A concise summary of facts.
(8) All proposed stipulations.
(9) The issues of fact expected to be contested.
(10) The issues of law expected to be contested, with appropriate citations to
legal authority.
(11) A list and brief description of all anticipated exhibits, segregating those
exhibits the party expects to use from those the party may use.
(12) A list and brief description of charts, graphs, models, and similar objects
which will be used in opening statement or closing argument whether or not they
will be offered in evidence.
(13) The names, addresses, and telephone numbers of all anticipated witnesses,
segregating those witnesses the party expects to call from those the party may
call, and identifying those witnesses whose testimony will be presented by
deposition. (This does not include witnesses
to be used solely for impeachment or rebuttal whose identity is not yet known).
(14) Any request to amend pleadings.
(15) The current status of discovery.
(16) Suggestions for expediting disposition of the action.
(17) An estimate of the length of trial.
(18) Indicate whether you agree to a six (6) person jury.
(19) The signature of the attorney.
(20) Proof of service.