Case No. CVO3-176-S-EJL
April 30, 2003
EDWARD J. LODGE, United States District Judge
On April 28, 2003, the above-entitled action was transferred to the District Court.
THEREFORE, IT IS HEREBY ORDERED AS FOLLOWS:
1. Pursuant to Local Rule 16.1, the parties shall 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 June 16, 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 Procedure 26.1 and Local Rule 16.1.
4. A telephonic scheduling conference shall be held or July 1, 2003, at 9:45 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 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.
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 not a occur.
______________________________________________________________________
CIVIL CASE LITIGATION OUTLINE
______________________________________________________________________
DISTRICT COURT FILING DEADLINE 26 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 ______________________________________________________________________
THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO
LITIGATION PLAN FORM ______________________________________________________________________
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: DAY EVENT 0 Complaint Filed 1 Litigation Order 21 Parties Meet on litigation Plan (Local Rule 16.1) 38 : Joint Litigation Plan Form Initial Disclosure Deadline (FRCP .(a)(1), and Local Rule 16.1) 40 Case reviewed by Court for: (1) Completion of service (2) Consent to a Magistrate Judge Form (3) Litigation Plan Form 45 90 Expert Disclosure by plaintiff 135 Expert Disclosure by defendant 150 Rebuttal Expert Disclosure by plaintiff 180 : Motion to Amend Pre-Alternative Dispute Resolution (ADR) Discovery Deadline 210 ADR Conference 217 : ADR Status Report 270 Final Discovery Deadline 300 : 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 470 : Motions in Limine 487 : Jury Instructions, Trial Brief, Voir Dire, Proposed Findings of Fact 531 Plaintiff(s), Case No. CV vs. Defendant(s). 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. _____________________________ __________________________ Attorney for Plaintiff Date _____________________________ __________________________ Attorney for Defendant Date