Final Scheduling Order

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION

DON HAMRICK

VS

NO. 1:06CV00044 GH

GEORGE W. BUSH ET AL FINAL SCHEDULING ORDER FOR JURY TRIAL The above captioned case is set for jury trial in BATESVILLE during the week of NOVEMBER 13, 2007 at 9:30 a.m. before the Honorable George Howard, Jr. Parties are directed to discuss and stipulate to either a partial or complete set of jury instructions by OCTOBER 29, 2007. All stipulated instructions shall be submitted to the Court as a packet at least ELEVEN days prior to trial. Controverted instructions and objections thereto will be submitted to the Court as a separate packet at least ELEVEN days prior to trial. The failure to timely object in this manner will constitute a waiver of any objections unless good cause is shown. Parties will be permitted to withdraw, modify or object to proposed instructions to conform with the evidence developed at trial. Jury instructions may be submitted to the court’s e-mail address at [email protected].

Each instruction will be doubled-spaced and captioned COURT’S JURY INSTRUCTION NO. ______ with legal authority noted at the bottom of each instruction (e.g., AMI 501 modified). Designation of the party submitting each instruction will be noted ONLY in an index reciting the title of and authority for each instruction. Any questions concerning jury instructions should be directed promptly to the Law Clerk handling the case. Motions for joinder of parties or amendments to the pleadings shall be filed by JULY 13, 2007. The discovery cutoff date is AUGUST 13, 2007. All motions pertaining to discovery matters must be filed within FIFTEEN days in advance of the discovery cutoff date to allow timely response and decision. Motions for class certification must be filed on or before N/A. Motions in limine shall be filed no later than 20 days prior to trial. All other motions, including motions for summary judgment, motions to dismiss, and motions pursuant to Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993) shall be filed by SEPTEMBER 13, 2007. REQUIRED FORMAT FOR SUMMARY JUDGMENT STATEMENT OF FACTS

PURSUANT TO LOCAL RULE 56.1. In opposing a motion for summary judgment, the nonmoving party shall format its statement of disputed (and undisputed) material facts pursuant to Local Rule 56.1 as follows. The nonmoving/opposing party shall first respond paragraph by paragraph to the statement of undisputed material facts submitted by the moving party. The nonmoving opposing party shall format the responsive portion of its statement like Requests for Admission. That is, the statement should be repeated verbatim as set forth in the moving party’s statement and respond to it by admitting the statement or pointing out that portion of the statement, if any, is disputed. By way of example, the first paragraph of the nonmoving/opposing party Local Rule 56.1 statement might read as follows: Moving party:

1. “The plaintiff began working for defendant in March of 2000.”

Response:

1. Plaintiff, as the nonmoving party, will either admit or deny this allegation. If denied, the plaintiff will state with particularities that portion of the allegation denied, citing to any evidentiary support for the denial.

After responding paragraph by paragraph to the moving party’s statement of undisputed material facts in this fashion, the nonmoving/opposing party may identify additional material facts as to which it contends a genuine issue exists for trial. Pretrial disclosure sheets must be filed on or before SEPTEMBER 27, 2007. Exhibit and witness lists will be exchanged between counsel on or before SEPTEMBER 27, 2007. Exhibits are to be marked and submitted to the Courtroom Deputy along with the exhibit and witness lists THIRTY minutes before trial. The Court will ask preliminary questions during voir dire. Counsel are permitted to conduct voir dire, however, the questions should be designed to elicit information regarding juror qualifications, not argue the case, and not cover the same areas as the Court. The Court expects the attorneys to explore EVERY possibility of settlement well in advance of the trial date. The parties may request a settlement conference to be conducted by the Magistrate Judge at any time but no later than 20 days prior to trial. In the event of settlement, counsel must advise the Court immediately by telephoning Ms. Patricia L. Murray at (501) 604-5124. A case will not be removed from the trial calendar until an Order of Dismissal has been filed.

NOTE:

ALL REQUESTS FOR CONTINUANCES OR EXTENSION OF DEADLINES REQUIRE A WRITTEN MOTION AND MUST CONFORM TO LOCAL RULE 7.2.

DATED: APRIL 6, 2007

AT THE DIRECTION OF THE COURT JAMES W. MCCORMACK, CLERK

BY:/s/ Patricia L. Murray COURTROOM DEPUTY CLERK Summary of deadlines: Trial date Jury instructions Joinder/amendments Discovery cutoff Class certification motion Discovery matter motions Motions in limine All other motions Pretrial disclosure sheets Exhibit/witness lists Settlement conference request

Week of NOVEMBER 13, 2007 in BATESVILLE OCTOBER 29, 2007 JULY 13, 2007 AUGUST 13, 2007 N/A Fifteen (15) days prior to discovery cutoff 20 days prior to trial SEPTEMBER 13, 2007 SEPTEMBER 27, 2007 SEPTEMBER 27, 2007 No later than 20 days prior to trial