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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I was forced into a plea bargain in 1991. No evidence, no case nothing. All hearsay. 1991. Then in 2006 placed on the registry. What can be done?
Were you off probation before 1997?
FAC, I’ve emailed directly, no response. Is there any possibility to be included in the “Doe’s” on this case? I’m in the same situation as the Doe’s in this case. Conviction 5/21/1996 in Wisconsin. Always a resident of FL prior to and after conviction. Sentenced to Probation. Completed 5/21/2003. No issues since.
The Case has already been finalized and the amended complaint filed.
FAC. Have you learned anything from the loss in Texas? Do attorneys read other attorneys’ filings? Can you plagiarize, ethically?
I realize you have a busy schedule. So if you, FAC, could not find time to respond, then I would accept a response from anybody who believes they know the answers.
The loss in TX is unrelated to Val Jonas’ case here. What we learned from the 5th circuit opinion is to use competent and qualified attorneys or you can create bad precedent. That is why FAC supports VAL Jonas’ lawsuit and not Estes-Hightower’s
Go with God?
Ex Post Facto (Claim I) PLUS: 8th Amendment Cruel and Unusual Punishment
What exactly is this (8TH)part of the case for? Is this becuase some does were juveniles at the time of the offence.
A copy of the Amended complaint has been shared with membership and we’ve posted on our complaint online and discussed it on several member calls. A copy of the Amended Complaint can be found here: https://floridaactioncommittee.org/wp-content/uploads/2019/12/Does-v.-Swearingen-Second-Amended-Complaint.pdf. All claims are listed and completely described in the complaint.
I wonder if you asking why the eighth amendment? Do you not see the registry is cruel and unusual punishment? Let’s hope you see it, because we sure hope that the judges see it that way.
Eighth Amendment guarantees that “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”
It is the challenge when the constitutional right to fairness in sentencing is violated.
What would it take to get that incompetent boob to withdraw that lawsuit? It already got whacked big time here in Texas. How can we get her disbarred? Sorry about my negative attitude, but,idiots like her just piss me off.
I normally take a positive attitude on this forum. Not so when that one attorney is brought up She created bad precedent in an entire Federal circuit, all for some retainer fees, and didn’t even bother to avail herself of free advice along the way. Now, apparently not having learned from that experience, she is threatening to do the same to an additional circuit.
The only good news I can think of is that if anyone knows how to control the damage she is causing, it’s the Does lawyers and FAC’s legal committee.