Conaway v. Amphire Solutions, Inc.

Full title: JANELLE CONAWAY, Plaintiff, vs. AMPHIRE SOLUTIONS, INC., Defendant

Court: United States District Court, D. Idaho

Date published: May 23, 2003

Case No. CV03-204-S-EJL (D. Idaho May. 23, 2003)

Opinion

Case No. CV03-204-S-EJL

May 23, 2003

LITIGATION ORDER

EDWARD J. LODGE, District Judge

On May 20, 2003, Plaintiff filed the above-entitled action.

THEREFORE, IT IS HEREBY ORDERED AS FOLLOWS:

1. Plaintiff shall serve this Order on all parties.

2. Within sixty-nine (69) days from the filing date of the Complaint, pursuant to Local Rule 16.1, the parties shall meet and determine:

A. A litigation plan;¹

B. If consenting to the jurisdiction of a magistrate judge is appropriate; and

C. If the case is suitable for an alternative dispute resolution (ADR) program such as arbitration, mediation² or judicial settlement conference.

3. On or before August 6, 2003, the parties shall file with the court the Litigation Plan form and, if appropriate, the Consent to Proceed Before a Magistrate judge form.

4. Within eighty-three (83) days from the filing date of the Complaint, initial disclosures shall be made by the parties pursuant to Federal Rules of Civil Procedure 26.1 and Local Rule 16.1.

5. A telephonic scheduling conference shall he held on August 20, 2003, at 9:30 a.m. mountain time, for the purpose of confirming the deadlines proposed by the parties in the Litigation Plan Form and to set the matter for trial.

6. Counsel for Plaintiff shall initiate the conference call by placing it to Diane McDonald, Administrative Assistant, at 208-334-9270 and shall have all appropriate parties on the line.

1 Attached is a Civil Case Litigation Outline which shall be used by the parties in determining their case litigation plan. The Court will expect the outline to be followed unless a showing by the parties is made that the case is highly complex in nature.

2 Pursuant to Local Rule 16.5, the parties shall discuss and determine whether or not they will participate in a mediation program. Mediation is a process whereby a trained, experienced and impartial neutral, selected by the parties and or the Court, will facilitate discussion, and assist in identifying issues and generating options in an attempt to resolve the dispute which prompted the litigation.
A party can move for withdrawal from the mediation process upon a showing that reasons exist as to why mediation would not be productive or otherwise should riot a occur.

CIVIL CASE LITIGATION OUTLINE

DAY EVENT DISTRICT COURT FILING DEADLINE: Case reviewed by Court for: (1) Completion of service (2) Consent to a Magistrate Judge Form (3) Litigation Plan Form TELEPHONE SCHEDULING CONFERENCE DISTRICT COURT FILING DEADLINE: DISTRICT COURT FILING DEADLINE: DISTRICT COURT FILING DEADLINE: DISTRICT COURT FILING DEADLINE: DISTRICT COURT FILING DEADLINE: DISTRICT COURT FILING DEADLINE: TRIAL: 1 Complaint Filed 69 Parties Meet on Litigation Plan (Local Rule 16.1) 80 Joint Litigation Plan Form 83 Initial Disclosure Deadline (FRCP 26.1, and Local Rule 16.1) 90 135 Expert Disclosure by plaintiff 165 Expert Disclosure by defendant 180 Rebuttal Expert Disclosure by plaintiff 210 Pre-Alternative Dispute Resolution (ADR) Discovery Deadline Motion to Amend 240 ADR Conference (Mediation, Arbitration or Settlement Conference) 247 ADR Status Report 300 Final Discovery Deadline 330 Pre-Trial Motions (6 months before trial) Responsive Pleadings Due 21 Days from Receipt of Motion Reply Pleadings Due 10 Days from Receipt of Response Dispositive Motions Responsive Pleadings Due 21 Days from Receipt of Dispositive Motion Reply Pleadings Due 10 Days from Receipt of Response 500 Motions in Limine 517 Jury Instructions, Trial Brief, Voir Dire 531 Scheduled to begin on Tuesdays at 9:30 a.m, unless otherwise ordered.

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO

Plaintiff(s) Case No. CV

vs. LITIGATION PLAN FORM

Defendant(s)

PLEASE INDICATE DATES WHERE APPLICABLE

1. Expert Witness Disclosure:

Plaintiff ___________ __________

Defendant:_____________ _____

Rebuttal: _________ _________

2. Amendment to Picadings, Joinder of Parties, Pre-ADR Discovery deadline:_____ __________

3. ADR Conference: Mediation, Arbitration, Settlement Conference (please choose one) to be held by: ___ _______ ___

4. Final Discovery Due:__________________

5. Non-Dispositive Dispositive Pre-Trial Motions Deadline:

Responsive Pleadings Due 21 Days from Receipt of Motion

Reply Pleadings Due 10 Days from Receipt of Response

6. Proposed Trial Date(s):

______ ___________ _________ _______ first preference

______ ___________ _________ _______ second preference

______ ___________ _________ _______ third preference

7. Trial: Jury or Court

8. Total Projected Number of Days: _______

9. Location;_____ ______

10. Referral Status; To be determined by the Court. ______________________ _______ ________ _________ __________ _______ Attorney for Plaintiff Date

_____________________ _______ ________ _________ ___________ _______ Attorney for Defendant Date