Case No. CIV-97-113-B
DOUGLAS G. DRY, JUANITA
McCONNELL and ROSIE BURLISON,
Plaintiffs,
V. UNITED STATES OF AMERICA, et al.,
Defendants.
On May 12, 1997, this Court conducted a Status and Scheduling Conference in this case. Appearances were made at the Conference by Doug Dry and Scott Morrison for Plaintiffs; Cheryl Triplett for Bruce Green for Defendants Babbit, Deere, Fields, Proctor, Springwater, Ketcher, Wilson, Mings, Robert Rabon (also appearing personally), and Reed (also appearing personally); Gil Steidley, Jr. and Eric Janzen for Defendants Bob Rabon, City of Talihina, England, Wade, Hibdon, James, Wheat, O'Daniels, City of Clayton, Bell, Hall, Van Horn, Kirkes, Long and Rebecca Johnson; and Defendants Denison, Barrow, Russell, Flowers, Welch, Kenneth Johnson, and Johnico appeared in person without counsel.
Several of the named Defendants are seeking representation through the United States and are awaiting notification on their request. However, in order to avoid the expense of Defendants and their counsel associated with traveling to an additional Status and Scheduling Conference, this Court finds that a Scheduling Order shall be entered; however, discovery shall be stayed for a period of fourteen days to permit the United States adequate time to make a determination on providing representation to the Defendants requesting it.
Accordingly, IT IS THEREFORE ORDERED THAT the parties to this action abide by the following schedule in the prosecution and defense of this case:
| 1. Joinder of Additional Parties or Amendments to Pleadings by | June 9, 1997 |
| 2. Exchange Witness and Exhibit Lists by | July 7, 1997 |
| 3. Discovery shall be completed by | October 6, 1997 |
| 4. All Dispositive Motions shall be filed by | October 13, 1997 |
| 5. Written Settlement Report filed by | November 10, 1997 |
| 6. Agreed Pretrial Order submitted by | December 4, 1997 |
| 7. Exchange all Trial Exhibits except Demonstrative Exhibits by | December 4, 1997 |
| 8. Requested Jury Instructions and Voir Dire and Trial Briefs by | December 4, 1997 |
| 9. Pretrial Conference | December 11, 1997 |
| 10. Motions in Limine filed by | December 15, 1997 |
| 11. Demonstrative Exhibits exchanged by | December 29, 1997 |
| 12. Jury Trial Date | January 5, 1998 |
| 13. Estimated Length of Trial | One Week |
IT IS FURTHER ORDERED THAT discovery be STAYED until and including May 27, 1997 to permit the unrepresented Defendants to obtain counsel. This stay does not prevent the service of or response to written discovery propounded to parties represented in this action. Counsel for the United States shall immediately inform this Court of the decision of the Department of Justice concerning the representation of the Defendants requesting representation upon notification of the decision.
IT IS FURTHER ORDERED THAT all cases scheduled for jury trial will be set for a settlement conference before a District Judge or Magistrate Judge.
IT IS FURTHER ORDERED THAT all parties are bound by this order, that no date will be changed except by written order of this Court for good cause shown, and sanctions will be imposed for the failure to comply with the directives in this order.
IT IS SO ORDERED this 12th day of May, 1997.