Consent Amended Scheduling Order

Pursuant to the Federal Rules of Civil Procedure and the Local Civil Rules of this Court, the following schedule is established for this case.

1. A conference of the parties pursuant to Fed. R. Civ. P. 26(f) shall be held no later than July 7, 2008.¹ At conference the parties shall confer concerning all matters set forth in Fed. R. Civ. P. 26(f) and whether the schedule set forth in this order is appropriate and, if not, what modifications are necessary.²
2. No later than July 21, 2008, the required initial disclosures under Fed. R. Civ. P. 26(a)(1) shall be made.³
3. No later than July 21, 2008, the parties shall file a Rule 26(1) Report. Parties are hereby notified that Local Civil Rule 26.03 lists additional queries to be answered in the Rule 26(f) Report.⁴
4. Motions to join other parties and amend the pleadings (Fed, R. Civ. P. 16(b)(1)) shall be filed no later than August 5, 2008.
5. Counsel shall file and serve affidavits of records custodian witnesses proposed to be presented by affidavit at trial no later than October 6, 2008. Objections to such affidavits must be made within fourteen (14) after the service of the disclosure. See Fed. R. Evid. 803(6), 902(11), or 902(12) and Local Civil Rule 16.02(D)(3).
6. Plaintiff shall file and serve a document identifying by full name, address, and telephone number each person whom Plaintiff(s) expects to call as an expert at trial and certifying that a written report prepared and signed by the expert including all information required by Fed. R. Civ. P. 26(a)(2)(B) has been disclosed to other parties by November 15, 2008.
7. Fact discovery shall be completed no later than December 3, 2008. All discovery requests shall be served in time for the responses thereto to be served by this date. De bene esse depositions must be completed by discovery deadline. No motions relating to discovery shall be filed until counsel have consulted and attempted to resolve the matter as required by Local Civil Rule 7.02.
8. Defendant shall file and serve a document identifying by fall name, address, and telephone number each person whom Defendant(s) expects to call as an expert at trial and certifying that a written report prepared and signed by the expert including all information required by Fed. R. Civ. P. 26(a)(2)(B) has been disclosed to other parties by December 15, 2008.
9. Plaintiff shall serve any expert report responding to the Defendant's expert report by January 15, 2009.
10. Depositions of experts shall be completed by February 15, 2009. (Fed. R.Civ. P. (16)(b)(2))
11. All dispositive motions shall be filed on or before February 15, 2009. (Fed. R.Civ. P. (16)(b)(2))
12. Mediation, pursuant to Local Civil Rules 16.04- 16.12, shall be completed in this case on or before February 17, 2009. See Standing Order to Conduct Mediation which sets forth mediation requirements.⁵ At least thirty (30) days prior to this mediation deadline, counsel for each party shall file and serve a statement certifying that counsel has: (1) provided the party with a copy of Judge Blatt's Standing Order; (2) discussed the availability of mediation with the party; and (3) discussed the advisability and timing of mediation with opposing counsel. See Local Rule 16.03.
13. No later than March 3, 2009 the parties shall file and exchange Fed. R. Civ. P. 26(a)(3) pretrial disclosures. Within fourteen (14) days thereafter, a party shall file and exchange Fed. R. Civ. P. 26(a)(3) objections, any objections to use of a deposition designated by another party and any deposition counter-designations under Fed. R. Civ. P. 32(a)(4). See Local Civil Rule 30.03(J) (video deposition additional requirements).
14. Motions in limine must be filed no later than March 18, 2009.
15. Parties shall furnish the Court pretrial briefs five (5) business days prior to the date on which the case is subject to being called for trial (Local Civil Rule 26.05).⁶ Attorneys shall meet at least five (5) business days prior to the date set for submission of pretrial briefs for the purpose of exchanging and marking all exhibits. See Local Civil Rule 26.07.
16. This case is subject to being called for trial on or after April 8, 2009.

Dated: 7/7/08

FOOTNOTES

1. Plaintiff's counsel shall initiate the scheduling of the 26(f) conference with all counsel known to plaintiff regardless of whether they have filed appearances.

2. The parties shall also consider whether they wish to consent to trial before a United States Magistrate Judge. See Notice of Availability of United States Magistrate Judge at www.sc.uscourts.gov.

3. Pursuant to Fed. R. Civ. P. 26(a)(1), the parties may, by stipulation, agree not to make some or all of the Rule 26(a)(1) initial disclosures. If such a stipulation is made, it shall be confirmed in writing between the parties. See Fed. R. Civ. P. 29 and Local Civil Rule 29.01.

4. Rule 26(f) Report form available at www.sc.uscourts.gov.

5. Judge Blatt's Standing Order to Conduct Mediation and Mediation Initiation Form available at www.scd.uscourts.gov.

6. Judge Blatt requires that pretrial briefs be filed with the Clerk of Court but not exchanged by the parties and will be solely used for the purposes of the court.