Davis v. Jones

Full title: MICHAEL W. DAVIS, Plaintiff v. ZACHARY L. JONES, ET AL., Defendants

Court: United States District Court, W.D. Kentucky, Owensboro Division

Date published: Aug 22, 2006

Civil Action Number: 4:06CV-72-M (W.D. Ky. Aug. 22, 2006)

Opinion

Civil Action Number: 4:06CV-72-M.

August 22, 2006

ORDER

JOSEPH McKINLEY JR., District Judge

Pursuant to the Federal Rules of Civil Procedure, the Court hereby ORDERS:

1. Magistrate Judge E. Robert Goebel will conduct a Rule 16 Scheduling Conference on October 3, 2006, at 10:00 AM CDT. The conference will be conducted telephonically with the Court to initiate the call. Counsel who will try the case shall participate in the conference. Exceptions to this requirement shall be with the understanding that counsel who participate on behalf of any party (a) shall be fully prepared to discuss all aspects of the case with respect to the matters to be schedule, (b) shall be empowered to bind all counsel for that party with respect to dates agreed upon or ordered, and (c) shall have authority to enter into stipulations and to make admissions regarding all matters that the participants may reasonably anticipate may be discussed. Fed.R.Civ.P. 16(c) and (f).

If the parties fail to TIMELY file the written joint report required by paragraph 4 herein, the Rule 16 Scheduling Conference will not be telephonic, but shall be held in the chambers of E. Robert Goebel, U.S. Courthouse, 423 Frederica Street, Owensboro, Kentucky, on the day and time stated above. ALL counsel of record and unrepresented parties shall attend in person.

Requests for a change of the conference date shall be made to the Magistrate Judge's Case Manager, Kelly Lovell, at 270-393-2507.

2. The agenda for the conference shall include all of the items set forth in Rule 16(c), Federal Rules of Civil Procedure, including but not limited to:

a. The formulation and simplification of the issues.

b. Admissions of fact, stipulations and avoidance of cumulative evidence.

c. Consideration of the discovery plan and review of the automatic initial required disclosures.

d. The possibility of settlement or the use of alternative methods of dispute resolution, including mediation.

e. The need to adopt special procedures for managing potentially difficult or complex issues.

3. No later than September 12, 2006, counsel for the parties shall conduct the meeting of parties required by Rule 26(f) to discuss the nature and basis of their claims and defenses, the possibilities for a prompt settlement or resolution of the case, the exchange of initial disclosures required by Rule 26(a)(1) and to develop a proposed litigation plan.

4. No later than September 26, 2006, counsel for the parties shall file a written joint report outlining the proposed discovery plan. This report shall substantially conform to Federal Rule of Civil Procedure Appendix Form 35, a copy of which is hereto attached, and shall advise the Court as to the following information:

a. the parties' views and proposals required by Rule 26(f);

b. the length of time counsel reasonably believes will be necessary to join other parties and to amend the pleadings;

c. the length of time counsel reasonably believes will be necessary to file dispositive motions; in setting a dispositive motion deadline, the Court will establish the same date for the filing of Daubert motions;

d. the length of time counsel reasonably believes will be necessary to complete all pretrial discovery, including expert witness discovery;

e. the length of time counsel reasonably believes will be necessary for the parties to make the expert disclosures required by Rule 26(a)(2), with these disclosures to be made during the pretrial discovery phase of the case;

f. the probable length of trial and whether there will be issues to submit to a jury;

g. the dates that are mutually convenient with counsel to assign this case for trial; and

5. The joint report referred to in paragraph 4 should also contain a statement as to whether the parties have discussed referral of this case to the United States Magistrate Judge for all purposes in the case, including trial, entry of a final judgment, and all post judgment proceedings, pursuant to Title 28 United States Code, Section 636(c) and Rule 73 of the Federal Rules of Civil Procedure and L.R. 73.1. Should all parties agree to consent, the required form is attached for completion and subsequent filing with the Clerk of the Court.

6. If there is disagreement between the parties as to the specifics of the proposed litigation plan, the parties shall set out the nature of the disagreement in their joint report.

APPENDIX OF FORMS

Form 35 Form 35. Report of Parties' Planning Meeting 26 26 exhibits ADVISORY COMMITTEE NOTES Each desposition [other than of ______] 1993 Adoption The parties [request] [do not request] a conference with the court before entry of the [Caption and Names of Parties] scheduling order. 1. Pursuant to Fed.R.Civ.P. (f), a The parties request a pretrial meeting was held on (date) at (place) and was conference in (month and year). attended by: Plaintiff(s) should be allowed until (date) (name) for plaintiff(s) to join additional parties and until (date) to (name) for defendant(s) (party name) amend the pleadings. (name) for defendant(s) (party name) Defendant(s) should be allowed until 2. Pre-Discovery Disclosures. The parties (date) to join additional parties and until (date) [have exchanged] [will exchange by (date)] the to amend the pleadings. information required by [Fed.R.Civ.P. (a)(1)] All potentially dispositive motions should [local rule ____]. be filed by (date). 3. Discovery Plan. The parties jointly Settlement [is likely] [is unlikely] [cannot propose to the court the following discovery be evaluated prior to (date)] [may be enhanced plan: [Use separate paragraphs or by use of the following alternative dispute subparagraphs as necessary if parties resolution procedure: [_____]. disagree.] Final list of witnesses and exhibits under Discovery will be needed on the Rule 26(a)(3) should be due following subjects: (brief description of from plaintiff(s) by (date) subjects on which discovery will be needed) from defendant(s) by (date All discovery commenced in time to be Parties should have ____ days after completed by (date). [Discovery on (issue for service of final list of witnesses and to early discovery) to be completed by (date).] list objections under Rule 26(a)(3). Maximum of ____ interrogatories by each The case should be ready for trial by party to any other party. [Responses due ____ (date) [and at this time is expected to take days after service.] approximately (length of time)]. Maximum of ____ requests for admission [Other matters.] by each party to any other party. [Responses Date: _________ due ____ days after service.] (Added Apr. 22, 1993, eff. Dec. 1, 1993.) Maximum of ____ depositions by plaintiff(s) and ____ by defendant(s). limited to maximum of ____ hours unless This form illustrates the type of report the parties extended by agreement of parties. are expected to submit to the court under revised Reports from retained experts under Rule 26(f) and may be useful as a checklist of items to be Rule 26(a)(2) due: discussed at the meeting. from plaintiff(s) by (date) from defendant(s) by (date) Supplementations under rule 26(e) due (time(s) or interval(s)). 4. Other Items. [Use separate paragraphs or subparagraphs as necessary if parties disagree.]

UNITED STATES DISTRICT COURT Western District of Kentucky

NOTICE, CONSENT, AND ORDER OF REFERENCE-Plaintiff Plaintiff EXERCISE OF JURISDICTION BY A UNITED STATES MAGISTRATE JUDGE v. Case Number: Defendant

NOTICE OF AVAILABILITY OF A UNITED STATES MAGISTRATE JUDGE TO EXERCISE JURISDICTION

In accordance with the provisions of 28 U.S.C. 636(c), and Fed.R.Civ.P. 73, you are hereby notified that a United States magistrate judge of this district court is available to conduct any or all proceedings in this case including a jury or nonjury trial, and to order the entry of a final judgment. Exercise of this jurisdiction by a magistrate judge is, however, permitted only if all parties voluntarily consent.

You may, without adverse substantive consequences, withhold your consent, but this will prevent the court's jurisdiction from being exercised by a magistrate judge. If any party withholds consent, the identity of the parties consenting or withholding consent will not be communicated to any magistrate judge or to the district judge to whom the case has been assigned.

An appeal from a judgment entered by a magistrate judge shall be taken directly to the United States court of appeals from this judicial circuit in the same manner as an appeal from any other judgment of a district court.

CONSENT TO THE EXERCISE OF JURISDICTION BY A UNITED STATES MAGISTRATE JUDGE

In accordance with the provisions of 28 U.S.C. 636(c), and Fed.R.Civ.P. 73, the parties in this case hereby voluntarily consent to have a United States magistrate judge conduct any or all further proceedings in this case, including the trial, order the entry of a final judgment, and conduct all post-judgment proceedings.

Signatures Party Represented Date

___________________________ ___________________________ _____________________

___________________________ ___________________________ _____________________

___________________________ ___________________________ _____________________

___________________________ ___________________________ _____________________

ORDER OF REFERENCE

IT IS HEREBY ORDERED that this case be referred to ____________________________________________________________ United States Magistrate Judge, for all further proceedings and the entry of judgment in accordance with 28 U.S.C. 636(c), Fed.R.Civ.P. 73 and the foregoing consent of the parties.

______________________ ___________________________________ Date Joseph H. McKinley, Jr., United States District Judge

NOTE: RETURN THIS FORM TO THE CLERK OF THE COURT ONLY IF ALL PARTIES HAVE CONSENTED ON THIS FORM TO THE EXERCISE OF JURISDICTION BY A UNITED STATES MAGISTRATE JUDGE.