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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The case from the Estes/Hightower Texas lawyer is scheduled for the two-week trial period that begins on Monday,
August 3, 2020. ” How will this affect the FAC trial, if any?
The Estes-Hightower case already went to appeals court and lost. Have they filed a new lawsuit? It could affect FAC’s case if it, too, goes to the appeals court and create bad precedent.
That was the Texas case. She filed (essentially the same) a lawsuit in Florida as well. It’s a HUGE shame that some exploit registrants rather than try to help them. Clearly a bad decision in her case in Florida will hurt our case, as her Texas case hurt the entire 5th Circuit.
That’s the worst news I’ve read all day. She could at least avail herself of FAC’s free advice.
The Texas case lost. The Florida case is alive and well, with over 60 “Doe’s” and set for trial as stated…
Terrific update, FAC, and addresses some FAQ’s. This case is one of the central things FAC is involved in right now.
If I may ask; What is the ex post facto “plus”? What’s the “plus” for?
Ex Post Facto (Claim I) PLUS: 8th Amendment Cruel and Unusual Punishment PLUS 14th Amendment Procedural Due Process violation (strict liability, vagueness) PLUS Substantive Due Process violation (right to travel, stigma plus, no rational relationship, irrebuttable presumption, PLUS Right to Privacy violation.
FAC. Is this similar to the law siute that was brought in Michigan? And have there been any real permanent changes in the outcome of that one? In other words have the legislature actually done what they were supposed to do? Has anything legally been changed to give the registrants any relief. Just wondering if we will see a similar outcome here with law makers dragging there feet with anything they disagrees with. Just looking for a comparison and or an update. I missed the remeber update call.
Michigan’s registry is no longer enforced.
Thank you for your efforts. Like many Florida unwilling registrants whose offense(s) occurred before the registry was implemented, I am hopeful because of this case.
“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.”
Are the plaintiffs requesting a jury trial? If not, how would a motion in limine be applied when the judge is the trier of fact?
Thanks in advance.
There seems to be absolutely zero rush on this case… Been dragging on forever, it seems.
This is actually moving along right on schedule.
Im excited, hopeful and optimistic, for a possitive outcome!! But a little fearful too!!. Thank you FAC. I owe u 🙏🤞🙏