Gordon v. Impulse Marketing Group Inc Doc.

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Case 2:04-cv-05125-FVS Document 153 Filed 11/07/2005

3 UNITED STATES DISTRICT COURT

4 EASTERN DISTRICT OF WASHINGTON
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JAMES S. GORDON, JR., an
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individual residing in Benton
County, Washington, No. CV-04-5125-FVS
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Plaintiff,
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SCHEDULING CONFERENCE
v. ORDER
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IMPULSE MARKETING GROUP, INC., a
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Nevada Corporation,

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Defendant.
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IMPULSE MARKETING GROUP, INC.,
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Third-Party Plaintiff,
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v.
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BONNIE GORDON, et al.,
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Third-Party Defendants.
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A telephonic scheduling conference was held in the above-
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entitled matter on November 4, 2006. Douglas E. McKinley appeared on
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behalf of plaintiff. Floyd Ivey and Sean A. Moynihan appeared on
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behalf of defendant. Also appearing were Pro Se Third Party
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Defendants Emily Abbey, Robert Pritchett and James Gordon, Jr.
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IT IS HEREBY ORDERED:
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1. All discovery shall be completed on or before June 5, 2006.
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2. All dispositive motions and motions challenging the

SCHEDULING CONFERENCE ORDER - 1

Dockets.Justia.com
 Case 2:04-cv-05125-FVS Document 153 Filed 11/07/2005

1 admissibility of expert testimony on the basis of Daubert v. Merrell

2 Dow Pharmaceuticals, Inc., 509 U.S.579, 113 S.Ct. 2786, 2796, 125
3 L.Ed.2d 469 (1993), shall be filed and served on or before June 12,
4 2006. A party failing to file a timely dispositive motion or a
5 timely Daubert motion waives the motion.
6 3. All hearings on dispositive motions shall be held in
7 accordance with Local Rules. Counsel shall contact Kellie
8 Higginbotham at 509-353-3224 to schedule oral argument.
9 4. Exhibit lists shall be filed and served and exhibits made
10 available for inspection (or copies provided) on or before July 24,
11 2006. Objections to exhibits shall be filed and served on or before
12 July 24, 2006. Briefs addressing objections to exhibit lists shall
13 be filed on or before July 24, 2006. Objections shall be heard at
14 the pretrial conference. All exhibits shall be pre-marked:
15 plaintiff's are to be numbered 1 through 199; defendant shall use
16 number 200 et seq.
17 5. Witness lists shall be filed and served on or before July
18 24, 2006. The witness list shall include identification of each
19 witness and a brief summary of each witness's testimony. Any
20 objections to the witness lists shall be filed and served on or
21 before July 24, 2006. Briefs addressing objections to witness lists
22 shall be filed on or before July 24, 2006. Objections shall be heard
23 at the pretrial conference.
24 6. All unresolved substantive or evidentiary issues which may
25 foreseeably arise during trial shall be addressed by motions in
26 limine to be served and filed not later than August 14, 2006. Such

SCHEDULING CONFERENCE ORDER - 2

 Case 2:04-cv-05125-FVS Document 153 Filed 11/07/2005

1 motions will be addressed and resolved at the pretrial conference.

2 7. Designation of substantive, as opposed to impeachment,
3 deposition testimony shall be by highlighting and shall be served on
4 or before July 24, 2006. Cross-designations by highlighting in a
5 different color shall be served on or before August 3, 2006. Do not
6 file any deposition testimony with the Clerk.
7 Objections to any designated deposition testimony shall be filed
8 and served on or before August 10, 2006, and shall be heard and
9 resolved at the pretrial conference.
10 8. The parties shall file no further discovery except those
11 portions necessary to support motions.
12 9. The pretrial conference will be held in Richland, Washington
13 on September 12, 2006, at 8:30 a.m. At least 14 days before the
14 pretrial conference, the parties shall meet and prepare a proposed
15 pretrial order that substantially complies with Local Rule 16.1(b).
16 The parties shall file their proposed pretrial order on or
17 beforeSeptember 7, 2006. If there are matters that counsel cannot
18 agree upon (e.g., the admissibility of exhibits or the admissibility
19 of testimony), and if counsel want to argue these matters in person,
20 they shall advise the Court at least five days before the pretrial
21 conference. Otherwise, the Court will confer with counsel by
22 telephone regarding the proposed pretrial order at the time scheduled
23 for the pretrial conference.
24 10. Trial briefs, proposed voir dire, and proposed jury
25 instructions shall be filed and served on or before September 18,
26 2006.

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 Case 2:04-cv-05125-FVS Document 153 Filed 11/07/2005

1 11. The trial shall commence at 9:00 a.m. on October 2, 2006,

2 at Richland, Washington. Counsel shall meet with the Court in
3 chambers at 8:30 a.m.
4 12. The parties have indicated that it will take a total of
5 eight (8) days to try this case. Each side will be allowed one-half
6 that time for all phases of litigation (i.e., everything from opening
7 statement through closing argument). If either party seeks
8 additional trial time, it must make that request in writing prior to
9 June 12, 2006. Failure to move for additional time will be deemed
10 consent to the total time indicated above.
11 IT IS SO ORDERED. The District Court Executive is hereby
12 directed to enter this Order and furnish copies to counsel.
13 DATED this 7th day of November, 2005.
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15 s/Fred Van Sickle

FRED VAN SICKLE
16 UNITED STATES DISTRICT JUDGE
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SCHEDULING CONFERENCE ORDER - 4