Amended Scheduling Order set in Does v. Swearingen (“Ex Post Facto Plus Case”)
Last week an amended scheduling issue, including an order that the parties attend mediation, was ordered by the Court in Does v. Swearingen (the “Ex Post Facto Plus” case).
Trial in this case is scheduled for the two week trial period beginning on November 9, 2020.
The following deadlines leading up to trial have been set:
May 15, 2020: Defendant must disclose expert witnesses.
June 22, 2020: Parties exchange rebuttal witnesses, summaries and reports.
July 6, 2020: All discovery, including expert discovery, should be completed and mediation must have taken place.
August 3, 2020: All dispositive pre-trial motions and memoranda of law must be filed. Any motions to strike or exclude witnesses must be filed.
September 15, 2020: All motions in limine must be filed. (A motion in limine is a motion to prevent the opposing party from introducing certain evidence in front of a jury.
October 1, 2020: A join pre-trial stipulation, exhibit list, and witness list should be filed. Proposed jury instructions are also due. Deposition designations are also due.
November 3, 2020: Calendar call will take place.
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GREAT motion to extend anonymity.
Were I the court, I’d extend it immediately!
But we’ll see.
Thank you, Val Jonas and Todd Scher!
I’m curious about the footnote that the state had already violated the court’s anonymity order. Has the state been disciplined (or at least admonished) for that violation? If not, why not? Asking because I know full well that an attorney who violates any kind of pre-trial order in a case against the state would at least get fined. Shouldn’t the same apply to an attorney representing the state?
I assume first that the magistrate court would need to rule on Does’ allegation here that FDLE has already violated their order. In either case, it’s a signal to this court to watch FDLE carefully.
Is this still the current scheduling order (for ex., have the parties filed memoranda of law)?
Thanks for the question, Jacob. No, things have been pushed back a bit. I will post the updates shortly.
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.
December 14, 2020 The Parties shall each file one motion in limine
January 4, 2021 The Parties shall file a joint pre-trial stipulation, exhibit lists, and witness lists
January 4, 2021 The Parties shall file their deposition designations
Trial is now scheduled for the week of February 1, 2021
No. 2001.