UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
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Plaintiff(s)., )
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v. ) Case No.: Case Number.
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Defendant(s)., )
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SCHEDULING ORDER
This order is entered under Federal Rule of Civil Procedure 16(b) based on the parties’
report of a planning meeting. Doc. __. 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 Federal Rule of Civil Procedure 15(a), the party must file a motion for leave to amend.
Such motion for leave to amend shall state, specifically, those matters the party wishes to
add or delete and shall contain, attached as an exhibit, the complete and executed
amended pleading, which is suitable for filing. The motion for leave to amend, with the
attached amended pleading, shall be served in accordance with Federal Rule of Civil
Procedure 5.
2. Dispositive Motions: All potentially dispositive motions and evidentiary submissions
upon which a party will rely in support of the motion must be filed no later than Click
here to enter a date. (approximately 6 weeks after close of discovery). 1
3. Discovery Limitations and Deadlines:
a. Depositions: Maximum of __ by each party. Each
deposition is limited to a maximum of 7
hours.
Interrogatories: Maximum of __ by any party directed to any
other party.
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The parties are directed to review the Initial Order entered in this action for specific
briefing submission requirements for dispositive motions.
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. Expert Testimony: Unless modified by stipulation of the parties, the disclosures
of expert witnesses—including a complete report under Federal Rule of Civil
Procedure 26(a)(2)(B) from any specially retained or employed expert—are due:
From plaintiff(s): by Click here to enter a date.
From defendant(s): by Click here to enter a date.
c. Supplementation: Supplementation of disclosures and discovery under Federal
Rule of Civil Procedure 26(e) is due within a reasonable period of time after
discovery of such information, but all such supplementation shall be provided no
later than fourteen (14) days before the close of discovery.
d. Deadline: All discovery must be commenced in time to be completed by Click
here to enter a date.
The parties are reminded that, before moving for an order relating to
discovery, the movant must request a conference with the court.
e. Privileged Material: Pursuant to Federal Rule of Evidence 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
Federal Rule of Evidence 502(b) and Federal Rule of Civil Procedure
26(b)(5)(B). 2
4. Status Conferences, and Settlement Conference: This case is SET for a Telephone
Status Conference on Click here to enter a date. (approximately 6 months from now).
The parties should anticipate routine telephone status conferences every six (6) months
thereafter.
In addition, the parties shall conduct an in-person Settlement Conference no later than
Click here to enter a date. (30 days before the close of discovery). Within five (5) days of
this settlement conference, counsel shall separately and confidentially send an email to
chambers at
[email protected], stating only whether a settlement was
reached and, if not, whether the parties are amenable to mediation.
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This provision is superseded by any agreement that the parties reach for asserting claims
of privilege or of protection as trial-preparation material after information is produced, including
agreements reached under Federal Rule of Evidence 502, where the parties have submitted a
proposed order to that effect and the court has entered that order.
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If the parties are amenable and the court refers them to mediation, the parties must
submit, within a week of the completion of mediation, a joint status report informing the
court whether mediation was successful. If mediation is not successful, the court will set
a Status Conference by separate order.
If the parties do not reach a settlement at their Settlement Conference, and are not
amenable to mediation, the court will set the case for a Status Conference approximately
two (2) weeks after receiving the parties’ email correspondence regarding their in-person
settlement conference.
Additional conferences, including a Pretrial Conference, will be scheduled as needed
by separate order.
5. Final Lists (Trial): At the Pretrial Conference, the court will establish deadlines for the
exchange and filing of lists of trial witnesses, exhibits, and objections under Federal Rule
of Civil Procedure 26(a)(3), as well as the deadlines and limits for motions in limine.
6. Trial: The parties shall be ready for trial by Click here to enter a date., to be scheduled
by separate order.
7. Notice of Settlement: The parties must notify the court within two (2) business days of
reaching any settlement.
8. Other Agreements Incorporated: The report of parties (Doc. __) 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 entered by the
court.
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