ABORTION INDUSTRY IN MELBOURNE, FLORIDA
RANEY V AWARE WOMAN
DOCKET / CHRONOLOGICAL FILE
CASE MANAGEMENT AND SCHEDULING ORDER
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF FLORIDA
MEREDITH T. RANEY, JR.,
AWARE WOMAN CENTER
FOR CHOICE, INC., a Florida corporation,
EDWARD W. WINDLE, JR., and
PATRICIA B. WINDLE
CASE NO.: 97-1197-CV-ORL-19B
CASE MANAGEMENT AND SCHEDULING ORDER
This matter is before the Court to establish a schedule for trial of this case The Case Management Report filed by the parties (Doc. No. 14, filed December 10, 1997) is incorporated by reference except as Ordered herein. The Court having considered the representations of the parties, it is ORDERED:
|DISCOVERY COMPLETION:||September 15, 1998|
|DISCLOSE EXPERT REPORTS:||July 15, 1998|
|MOTIONS TO AMEND OR ADD PARTIES:||April 23, 1998|
|DISPOSITIVE MOTIONS:||October 15, 1998|
|MEETING FOR JOINT PRETRIAL STATEMENT:||December 15, 1998 1:30 P.M.|
|JOINT FINAL PRETRIAL STATEMENT: (including Voir Dire Questions, Jury Instructions, Verdict Form)||January 5, 1999|
|FINAL PRETRIAL CONFERENCE:||Date to be set by the U.S. Magistrate Judge (Ed. Note: set for 2/16/99, 10 A.M. Courtroom 6, Magistrate Judge David Baker, see Doc. 22)|
|TRIAL TERM COMMENCING:||March 1, 1999|
|ESTIMATED TIME FOR TRIAL:||5 Days|
1. AMENDMENTS AND JOINDER OF PARTIES
The deadline for filing amendments to the pleadings and joinder of additional parties is April 23 , 1998. (Motions to amend any pleading or a motion for continuance of any pretrial conference, hearing, or trial filed after issuance of this Case Management and Scheduling Order are disfavored. Local Rule 3.05(c) (2) (E) and 3.05(c) (3) (D).)
A. Discovery must be completed on or before September 15 , 1998. No more than ten (10) depositions per side may be taken without leave of Court. (Local Rule 3.02(b)). All discovery shall be submitted in a timely fashion so that compliance with the discovery request should occur in accordance with the times specified in the Rules of this Court before the expiration of the discovery completion date stated in this paragraph.
B. Any party intending to present expert witness testimony at trial shall serve on all other parties, on or before July 15, 1998 , (a date no later than sixty (60) days prior to the date noted above upon which discovery must be completed) a written expert witness report which complies with the Federal Rule of Civil Procedure 26(a) (2) and 26 (e). Deviation from the substance of the report will not be allowed on direct examination of the expert by the party engaging the expert. Failure to comply with this requirement may result in exclusion of the testimony of the expert witness.
A. Motions for Summary Judqment and Dispositive Motions:
Motions for summary judgment and ail dispositive motions shall be filed on or before October 15, 1998. If a motion for summary judgment is filed, the Court will take the motion under advisement twenty-three (23) days after the date of service of such motion unless an Order scheduling a different date is entered. Until that date, the opposing parties may file affidavits and other documents within the purview of the Federal Rule of Civil Procedure 56 in opposition to the motion. Unless specifically ordered by the Court, a hearing will not be held on such motion. Failure to oppose any motion for summary judgment may result in judgment for movant without further proceedings.
NO OTHER MOTIONS OF ANY NATURE INCLUDING MOTIONS IN LIMINE MAY BE FILED LATER THAN TWENTY (20) DAYS PRIOR TO THE BEGINNING OF THE TRIAL TERM FOR THIS CASE.
4. JOINT FINAL PRETRIAL STATEMENT
Counsel for all parties and any party proceeding pro se shall meet personally on December 15, 1998 at 1:30 p.m. at Office of Defendants' counsel, Vincent George Torpy, Jr., Frese, Nash & Torpy, P.A., 930 S. Harbor City Blvd., Suite 505, Melbourne, FL 32901 in a good faith effort to accomplish the matters enumerated in Local Rule 3.06(b) and Federal Rule of Civil Procedure 16(d).
In addition, the parties shall prepare a Joint Final Pretrial Statement in accordance with Local Rule 3.06(c). The Joint Final Pretrial Statement shall be filed no later than January 5 , 1999.
If testimony will be offered at trial in the form of a deposition, other than for use as impeachment, the parties shall list each deposition and shall agree upon and specify in writing in the Joint Final Pretrial Statement the pages and lines to be published to the trier of fact. If the parties cannot agree on the use of all or a portion of the deposition, the parties shall file in writing a short statement of their respective positions with a copy of the portion of the deposition in dispute within ten (10) days after the date on which the Joint Final Pretrial Statement is required to be filed.
Charts, diagrams, and demonstrative evidence must be exchanged prior to trial and listed on the Joint Final Pretrial Statement as exhibits. Similarly, photographs of sensitive exhibits (i.e., guns, drugs, valuables, etc.) and of non-documentary evidence and reductions of documentary exhibits larger than 8 1/2" by 14" to be substituted for original exhibits after conclusion of the trial must be presented to opposing counsel for examination at the meeting to prepare the Joint Final Pretrial Statement. Objections to such photographs or reductions of exhibits must be listed in the Joint Final Pretrial Statement. The parties are advised that the design of Courtroom 4 may preclude the use of large exhibits in a jury trial unless exhibits can be projected on the permanent screen located in such Courtroom.
In order that the intended purposes of the final pretrial procedure are accomplished, all meetings of the parties shall be attended in person by any party who is proceeding pro se or by counsel vested with full authority to make and solicit disclosures and agreements touching all matters pertaining to the trial.
IF THE PARTIES FAIL TO FILE THE JOINT FINAL PRETRIAL STATEMENT IN ACCORDANCE WITH THIS ORDER, SANCTIONS MAY BE ENTERED, INCLUDING BUT NOT LIMITED TO DISMISSAL OF THE CASE WITHOUT PREJUDICE OR ENTRY OF DEFAULT. Sanctions may be imposed upon any counsel or party who fails to attend the meeting to prepare, or who fails to cooperate in the preparation and filing of, the Joint Final Pretrial Statement. Any change in the deadlines, dates or requirements contained in this Order must be approved in advance by the Court upon written application of one or more parties.
5. FINAL PRETRIAL CONFERENCE WITH COURT
A Final Pretrial Conference will be scheduled by the United States Magistrate Judge and held on the Fifth Floor, George C. Young United States Courthouse, 80 North Hughey Avenue, Orlando, Florida 32801. The case should be fully ready for trial at the time of the Final Pretrial Conference.
A. Trial Term
This is a jury trial. The parties' estimate of trial time is 5 days This case is set for trial during the trial term which commences on March 1 , 1999 Depending on various circumstances, the case may be tried by another judge. Cases not reached for trial will be placed on the trial calendar for the following month.
B. Voir Dire Questions
Any proposed voir dire questions which a party wishes to have propounded to the jury must be filed in writing with the Joint Final Pretrial Statement.
C. Jury Instructions and Proposed Verdict Form
If the case is to be tried in whole or in part before a jury, the parties shall meet, confer, prepare, and file one set of joint proposed jury instructions and a verdict form with the Joint Final Pretrial Statement. Requests for jury instructions shall be plainly marked with the name and number of this case, shall designate the party submitting the same if the parties cannot agree on the content of an instruction, and shall be numbered in sequence with the party objecting to any instruction including in sequence an interlineated form of the instruction or a different version with an explanation of the difference and citations of supporting authority.
The Court prefers the use of the Eleventh Circuit Pattern Jury Instructions.
D. Trial Briefs
Not later than ten (10) days prior to the date on which the trial term commences, each side shall file a trial brief with citations of authorities and argument on all disputed issues of law.
E. Non-Jury Trial Proposed Findinqs of Fact and Conclusions of Law
Counsel for each party in a non-jury case shall file proposed written findings of fact and conclusions of law no later than ten (10) days prior to the date on which the trial term commences.
F. Benchbook of Exhibits
A copy of one set of exhibits shall be bound and numbered for the Judge.
G. Discovery Material
No discovery material shall be used or introduced by counsel at trial, including on cross- examination, unless counsel has furnished an advance copy to the Court. If depositions are to be used at trial in lieu of live witness presentation, the parties shall prepare one copy of the deposition to be provided to the Court as follows: the portion to be presented by claimant shall be highlighted in blue, and the portion presented by defendant shall be highlighted in yellow. The Court permits and encourages the use of video tape depositions at trial and of an overhead projector. The use of other or special equipment should be coordinated with the courtroom deputy in advance of trial.
(1) Inability to require the attendance of a witness at trial shall not be the basis for granting a motion for continuance of the trial unless a witness subpoena has been issued and served upon the witness at least two weeks prior to the date on which the trial term commences. All witness subpoenas issued for trial of this action will continue in force and effect until final disposition of this action, or as otherwise ordered by the Court.
(2) Any party whose turn it is to provide evidence and who does not have available evidence or a witness to provide testimony during the hours designated for trial will be deemed to have rested, absent a showing of good cause.
(3) When a hypothetical question is to be asked an expert witness by the party offering him or her, a written copy of the question will be given to counsel and the Court at the beginning of the trial day during which the question is to be asked.
I. Glossary of Terms
A glossary of special technical or scientific terms shall be provided to the Judge, and if appropriate, copies shall be prepared for the jury.
The parties are directed to notify the Court immediately upon settlement of this case. If settlement occurs after prospective jurors have been summoned to appear without sufficient time to cancel the appearances, the parties to this case shall be jointly and severally liable for jury costs for each juror so summoned.
If a stipulation for, or notice of, dismissal with prejudice of this case is not filed prior to the date the case is called for trial, the parties shall be prepared to appear and proceed to trial when the case is called regardless of the status of settlement negotiations.
FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS ORDER MAY RESULT IN DISMISSAL OF THE ACTION, DEFAULT, OR OTHER APPROPRIATE SANCTIONS. Unless an order dismissing this case has been entered by the Court, the parties shall comply with all provisions of this Order, including but not limited to attendance at the Final Pretrial Conference and at trial.
DONE AND ORDERED in Chambers at Orlando, Florida, this 2nd day of February , 1998
PATRICIA C. FAWSETT <signed>
UNITED STATES DISTRICT JUDGE
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