Case No. CV03-385-S-EJL
September 26, 2003
EDWARD LODGE, District Judge
On September 9, 2003, above-entitled action was removed to federal court.
THEREFORE, IT IS HEREBY ORDERED AS FOLLOWS:
1. Pursuant to Local Rule 16.1, the parties snail meet and determine:
A. A litigation plan;
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, mediation or judicial settlement conference,
2. On or before November 19, 2003, the parties shall file with the court the Litigation Plan form and, if appropriate, the Consent to Proceed Before a Magistrate Judge form.
3. Initial disclosures shall be made by the parties pursuant to Federal Rules of Civil ocedure 26.1 and Local Rule 16.1.
4. A telephonic scheduling conference shall be held on December 9, 2003, al 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.
5. 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.
Attached is a Civil Case Litigation Outline which shall he 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.
Pursuant to Local Rule !6.5, 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 lo 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 not 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 FILTNG DEADLINE DISTRICT COURT FILING DEADLINE DISTRICT COURT FILING DEADLINE TRIAL PLEASE INDICATE DATES WHERE APPLICABLE
Expert Witness Disclosure Amendment to Pleadings, Joinder of Parties, Pre-ADR Discovery deadline ADR Conference: Mediation, Arbitration, Settlement Conference (please choose one) to be held by Final Discovery Due Non-Dispositive Dispositive Pre-Trial Motions Deadline Proposed Trial Date(s) Trial: Jury or Court Total Projected Number of Days Location Referral Status 1 Complaint Filed\Removed 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 J) 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. 1. : Plaintiff: _____________ Defendant: _____________ Rebuttal: ______________ 2. : ___________ 3. : ____________ 4. : _____________ 5. : _____________ Responsive Pleadings Due 21 Days from Receipt of Motion Reply Pleadings Due 10 Days from Receipt of Response 6. : __________________________ first preference __________________________ second preference __________________________ third preference 7. 8. : _____________ 9. : _____________ 10. : To be determined by the Court.