New Scheduling Order in Ex Post Facto Plus Case
As expected, Trial in the Ex Post Facto Plus case has been pushed back to February from November. The new Trial Date is set for the two-week trial calendar beginning on February 1, 2021.
Accordingly, some of the scheduling deadlines have also been pushed back. The following are the dates:
July 31, 2020 The Parties shall exchange rebuttal expert witness summaries and reports.
October 15, 2020 The Parties shall complete all discovery, including expert discovery.
November 5, 2020 The Parties shall file all dispositive pre-trial motions and memoranda of law. The Parties shall also file any motions to strike or exclude expert testimony, whether based on Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), or any another basis.
December 14, 2020 The Parties shall each file one motion in limine in accordance with Section III below. All motions in limine must be filed at least six weeks before calendar call.
January 4, 2021 The Parties shall file a joint pre-trial stipulation, exhibit lists, and witness lists in accordance with Local Rule 16.1(d) and (e) and Section IV below. The Parties shall also file proposed jury instructions or conclusions of law (for non-jury trials) in accordance with Section V below.
January 4, 2021 The Parties shall file their deposition designations in accordance with Section VI below.
See the order: Does v Swearingen – New Scheduling Order
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At what point in this sequence of events does the court rule on FDLE’s motion to dismiss?
(Or, can they do so anytime, or not do so at all and default to allowing to proceed?)
They can do so anytime. That’s still out there, but the fact that the judge didn’t grant the State’s request for a Stay means that the case is proceeding.