IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ALABAMA

_____________ DIVISION

__________________,

Plaintiff,

vs.

___________________,

Defendant.

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Civil Action Number

_:__-cv-____-AKK

SCHEDULING ORDER

On ___________, the court held a scheduling conference with counsel for the parties. Appearing at the conference were:

Representing plaintiff(s): atty name

Representing defendant(s): atty name

It is hereby ORDERED as follows:

This case is: Jury/Non-jury .

1.	EXTENSIONS FOR THE DEADLINES SET FOR DISCOVERY CUTOFF AND DISPOSITIVE MOTIONS WILL NOT BE EXTENDED ABSENT GOOD CAUSE SHOWN.

2.	Discovery: All discovery is to be commenced in time to be completed by .

3.	Initial Disclosures: The parties will exchange the information required by Local Rule 26.1(a)(1) by .

4.	Electronically Stored Information: To the extent it exists, relevant, non-privileged electronic information will be produced by the parties in either PDF or hardcopy format, to enable the parties to exchange discoverable information without undue burden or costs. A requesting party may obtain relevant, non-privileged, electronic information in a format other than PDF or hardcopy only upon agreement by the parties or a showing of substantial need to the court for such information in that format. The parties agree to the entry of an order regarding claims of privilege or of protection with respect to the inadvertent production of any privileged material that will allow the producing party to claw back such inadvertently produced document and will further require that such party produce a privilege log as to any such document.

5.	Limitations on Interrogatories: Maximum of __ interrogatories (including discrete subparts) by each party to any other party. Responses due 30 days after service.

6.	Limitations on Requests for Production: Maximum of requests for production (including discrete subparts) to any other party. Responses due 30 days after service.

7.	Limitations on Requests for Admission: Maximum of requests for admission by each party to any other party. Responses due 30 days after service.

8.	Limitations on Depositions: Maximum of depositions by plaintiff and by defendant. Each deposition is limited to a maximum of hours unless extended by agreement of the parties or order of the court.

9.	Reports from retained experts under Fed. R. Civ. P. 26(a)(2): Due from plaintiff by , and from defendant by .

10.	Supplementation of disclosures and discovery under Fed. R. Civ. P. 26(e) are due as soon as reasonably possible after new information is discovered, but no later than .

11.	Parties and Pleadings: Plaintiff is allowed until to join additional parties and to amend the pleadings. Defendant is allowed until to join additional parties and amend the pleadings.1

Unless the party's pleading may be amended as a matter of course pursuant to Fed. R. Civ. P. 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 Complaint or Amended Answer, which is suitable for filing. The Motion for Leave to Amend, with the attached amended pleading, shall be served in accordance with Fed. R. Civ. P. 5.

12.	Dispositive Motions: All potentially dispositive motions should be filed by ________________. Appendix II attached hereto sets forth the briefing and submission requirements of summary judgment motions for all parties. The court will not issue a briefing schedule order upon submission of a dispositive motion. Appendix III attached hereto governs Non-Summary Judgment Motions. The parties are expected to follow the directions set forth in Appendices II and III.

13.	Final lists of witnesses and exhibits under Fed. R. Civ. P. 26(a)(3) and lists of deposition designations for trial testimony must be served and filed days before trial.2 The parties shall have days after service of final lists of witnesses and exhibits to file objections under Fed. R. Civ. P. 26(a)(3).

14.	Motions in Limine: All motions in limine should be filed 15 days prior to trial.

15.	Additional Conferences: Final Pretrial Conference requested 45 days prior to trial date.

16.	Mediation: Unless a party objects, on [30 days prior to the close of discovery], the court will issue an order referring this case to mediation.3 A party may object to the referral to mediation – and in that event the court will not issue the mediation order – by corresponding with the court's chambers on or before [21 days prior to the close of discovery]. An order sending the parties to mediation does not operate as a stay of the proceedings.4 If the case is sent to mediation, the court will not delay any deadlines set in this Order; specifically, the deadlines set for discovery cutoff and for filing dispositive motions will not be extended.

17.	This case will be trial-ready by .

Estimated trial time: days.

18.	Marking of Exhibits: Each party that anticipates offering as substantive evidence as many as six (6) exhibits shall pre-mark such exhibits in advance of trial, using exhibit labels and exhibit lists available from the Clerk of the Court. By the time the case is scheduled for trial, a copy of the exhibit list shall be served and filed, with the exhibits being made available for inspection by opposing counsel; the presentation of evidence at trial shall not ordinarily be interrupted for opposing counsel to examine a document that has been so identified and made available for inspection.

DONE this ____ day of ___________, 2010.

________________________________

ABDUL K. KALLON

UNITED STATES DISTRICT JUDGE