UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
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SCHEDULING ORDER
This order is entered under Fed. R. Civ. P. 16(b) based on the parties’ report
of a planning meeting. This order governs further proceedings in this action unless
modified for good cause shown.
1. Pleadings and Parties: No causes of action, defenses, or parties may be
added after Click here to enter a date. as to plaintiff(s) and Click here to enter
a date. as to defendant(s). Unless the party’s pleading may be amended as a
matter of course pursuant to Fed. R. Civ. P. 15(a), the party must file a Motion
for Leave to Amend stating, specifically, those matters the party wishes to add
or delete and attaching as an exhibit a complete and executed Amended
Complaint or Amended Answer suitable for filing. The Motion for Leave to
Amend, with the attached amended pleading, shall be served in accordance
with Fed. R. Civ. P. 5.
2. Dispositive Motions: All potentially dispositive motions must be filed no
later than Click here to enter a date..1
3. Expert Testimony: Unless modified by stipulation of the parties, the
disclosures of expert witnesses—including a complete report under Fed. R.
Civ. P. 26(a)(2)(B) from any specially retained or employed expert—are due:
From plaintiff(s): by Click here to enter a date.
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The parties are directed to review the Initial Order entered in this action for specific briefing and
submission requirements for dispositive motions.
From defendant(s): by Click here to enter a date.
4. Discovery Limitations and Cutoff:
(a) Unless modified by stipulation of the parties:
Depositions: Maximum of __ by each party.
Interrogatories: Maximum of __ by any party directed to any
other party.
Requests for Production: Maximum of __ by any party directed to any
other party.
Requests for Admission: Maximum of __ by any party directed to any
other party.
(b) Unless modified by court order for good cause shown:
Supplementation: Supplementation of disclosures and discovery under Fed.
R. Civ. P. 26(e) is due within a reasonable period of time after discovery of
such information, but all such supplementation shall be provided by Click
here to enter a date..
Deadline: All discovery must be commenced in time to be completed by Click
here to enter a date..
Privileged Material: Pursuant to Fed. R. Evid. 502(b) and (d), the inadvertent
disclosure of any privileged communication, information, document, or ESI
shall not operate as a waiver of the privilege in this or any other proceeding
to the extent the producing party complies with the requirements of Fed. R.
Evid. 502(b) and Fed. R. Civ. P. 26(b)(5)(B).2
5. Additional Conference(s): A pretrial conference will be scheduled in a
separate order after the deadline for dispositive motions.
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Before filing a motion regarding a discovery dispute, a party must comply with the discovery
dispute resolution procedure outlined in the Initial Order entered in this action. After conferring
in person or by telephone pursuant to that procedure, but before a motion regarding a discovery
dispute is filed, the parties are encouraged to request a conference with the court if they believe a
conference may resolve their dispute without resort to a motion.
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6. Final Lists: The court will establish deadlines for the exchange and filing of
final witness and exhibit lists and objections under Fed. R. Civ. P. 26(a)(3) at
the pretrial conference.
7. Trial: The parties shall be ready for trial, to be scheduled by separate order,
on or before Click here to enter a date..
8. Other Agreements Incorporated: The report of parties (Doc. Click here to
enter text.) may memorialize agreements not reflected here. This order
incorporates any such agreements to the extent they do not conflict with the
express terms of this order or any other order.
DONE and ORDERED on July 15, 2019.
_________________________________
GRAY M. BORDEN
UNITED STATES MAGISTRATE JUDGE
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