Order for Pre-Trial Conference and Setting Trial

    IN THE UNITED STATES DISTRICT COURT FOR THE 

NORTHERN DISTRICT OF FLORTDA 

TALLAHASSEE DIVISION 

WITT CAMPRET.L, for Himself and 

Others Similarly Situated, 

Plaintiffs 

v ORDER FOR PRE-TRIAL CONFERENCE 

AND SETTING TRIAL 

GADSDEN COUNTY SCHNOI, FOARD, 
et al.. TCA 73-177 

Defendants, 

PRE~TRIAL CONFERENCE 

(A) This case is set for pre-trial conference 

before one of the Judges of the Northern District of Florida, 

in Chambers at Tallahassee , Florida, at 3.30 a.m. on 

January. 5, 1979, . 

ATTORNEYS TO CONFER 

(B) Counsel for all parties shall meet together 

no later than December 29, 1978, 

(1) To discuss the possibility of settlement; 

(2) To stipulate to as many facts and issues as 

possible; 

(3) To draw up pre-trial stipulation in accor- 

dance with Paragraph (C) of this Order; 

(4) To examine all exhibits and documents proposed 

to be used at the trial: 

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(5) To furnish opposing counsel the names and 

addresses of all witnesses; 

(6) To discuss the question of damages, including 

matters of evidence and proof which either party proposes to 

present at trial and the law in regard thereof: and 

(7) To complete all other matters which may 

expedite both the pre-trial and the trial of the case. 

(8) Counsel for plaintiff or plaintiffs shall 

initiate arrangements for the attorneys' conferences. 

However, all attorneys in this cause are charged with the 

duty of meeting in such conferences and of complying with 

the schedule set forth in this Order. If the schedule is 

not kept by any counsel, it is the duty of other counsel to 

insist upon the necessary meeting or meetings to effect the 

pre-trial stipulation and, failing to succeed, to advise the 

Court by motion seeking sanctions against any party failing 

or refusing to meet as directed after request. 

PRE-TRIAL STIPULATION 

(C) The pre-trial stipulation shall contain: 

(1) The basis of Zedntdl jurisdiction; 

(2) A concise statement of the nature of the 

action; 

(3) A brief general statement of each party's 

case; 

(4) .. A list of all exhibits to be offered at the 

trial, noting any objections thereto, and the grounds for 

each objection; 



(5) A list of the names and addresses of all 

witnesses intended to be called at the trial by each party. 

Expert witnesses shall be so designated. 

(6) A concise statement of those facts which are 

admitted and will require no proof at trial, together with 

any reservations directed to such admissions; 

(7) A concise statement of those issues of law 

on which there is agreement; 

(8) A concise statement of those issues of fact 

which remain to be litigated; 

(9) A concise statement of those issues of law 

which remain for a determination by the Court. 

(10) A concise statement of any disagreement as 

to the application of rules of evidence or the Federal 

Rules of Civil Procedure; 

{1l) A list of all motions or other matters which 

require action by the Court; and 

(12) The signature of counsel for all parties. 

PAPERS TO BE SUBMITTED 

(DPD) No later than | December 29, 1978: 

(1) The parties shall file with the Court the 

pre-trial stipulation prepared in accordance with Paragraph 

(C) of this Order: 

(2) Each side shall submit to the Clerk of the 

Court for filing and to opposing counsel a trial brief or 

memorandum with citation of authorities and arguments in 

support of his position on all disputed issues of law; 



(3) Counsel for each party in any jury trial 

shall submit to the Clerk of the Court for filing, with 

copies to opposing counsel and to the Judge, written requests 

for instructions to the Jury Erocetlior with proposed forms 

of verdict. Supplemental requests for instructions may be 

submitted at any time prior to the arguments to the jury. 

All requests for instructions shall be plainly marked with the 

name and number of the case; shall contain citations of sup- 

porting authorities, if any; .shall designate the party sub- 

mitting the same; and in the case of multiple requests by 

a party, shall be numbered in sequence, 

(4) Counsel for each party in any case shall 

arrange with the Clerk for marking for identification, in 

the sequence proposed to be offered, all exhibits intended 

to be offered by such party; 

(5) Counsel for each party in any non-jury case 

shall submit to the Clerk of the Court proposed written 

findings of fact and conclusions of law, or, in lieu of 

the above, a proposed opinion or memorandum of decision 

in which such proposed findings of fact and conclusions of 

law appear, with complete citation of authorities where 

appropriate (See Rule 52, FRCP). The Clerk shall mark the 

same "received" but shall not file and docket the same. 

Counsel for each party shall provide copies to the Judge 

and to opposing counsel. 



(E) CONDUCT OF THE PRE-TRIAL CONFERENCE 

(1) The attorneys who will conduct the trial are 

required to be present for the pre-trial conference. They 

will be prepared to act with authority in the settlement of 

all matters contemplated by this notice. 

(2) The Court will dispose of all motions and other 

matters then pending. The Court shall review all matters con- 

tained in the pre-trial stipulation and consider any other 

matters which may be presented with a view to simplifying 

the issues and bringing about .a just, speedy and inexpensive 

determination of the case. 

(3) Counsel will be prepared to discuss, and there 

will be discussed, the prospects of settlement. 

(F) PRE-TRIAL ORDER 

(1) The Court may designate as the pre-trial order 

the transcript of the pre-trial conference, including any 

agreements reached and rulings made at the pre-trial con- 

ference and the pre-trial stipulation submitted by counsel 

as amended and approved by the Court. 

(2) Unless such designation is made, upon the con- 

clusion of the pre-trial conference, the attorneys for all 

parties shall confer forthwith and prepare a pre-trial order 

for the Court's approval. Counsel for the plaintiff or 

Slaintitts will take the initiative in preparing such order: 

such will be submitted to the Court for approval within ten 

(10) days after the pre-trial conference, unless other time 

period is designated at the pre-trial conference, in which 

event it will be submitted within the time so designated. 



The pre-trial order so prepared shall incorporate and modify 

the pre-trial stipulation in light of any additional agree- 

ments reached and rulings made at the pre-trial conference; 

(3) After the pre-trial order is entered by the 

Court, the pleadings will be merged therein and the pre- 

trial order will control the course of the trial and may not 

be amended except by order of the Court in the furtherance 

of justice. 

TRIAL DATE 

(G) This case will be tried at Tallahassee, Florida, 

on: ..January 23.1979, at 9:30 an. 

‘NEWLY DISCOVERED EVIDENCE OR WITNESSES 

(H) If new evidence or witnesses are discovered 

after the pre-trial conference, the party desiring to use 

the same shall immediately furnish complete details thereof, 

together with the reason for late discovery to the Court and 

to opposing counsel. Use of such evidence or witnesses shall 

then be allowed only by order of the Court in the furtherance 

of justice. 

ADDITIONAL PRE-TRIAL CONFERENCES 

(I) If necessary or advisable, the Court may 

adjourn the pre-trial conference from time to time or may 

order additional pre-trial conferences. 

(J) SPECIAL MATTERS 

(1) Counsel for the respective parties will be 

prepared at the pre-trial conference to advise the Court of 

the probable length of trial. 

(2) Local Rule 22 adopted by this Court on June 

29, 1972, requires that a jury for the trial of civil cases 



shall consist of six (6) persons plus such alternate jurors 

as may be empaneled. | 

If this is a case requiring jury trial, counsel 

will advise the Court whether they are willing, in order to 

avoid use of one or more alternate jurors, to stipulate for 

a number less than six (6) jurors, or for finding of a 

stated majority of jurors, as permitted by Rule 48 of the 

Federal Rules of Civil Procedure, 

Counsel will also advise whether they are willing 

to agree for trial by less than six (6) jurors, with less 

than six (6) being sworn to try the case, as permitted by 

such Rule, and if so, the number. 

(3) No motion for summary judgment or other motion 

filed after thc date of this order will be ground for can- 

cellation or postponement of pre-trial conference, Parties 

will be expected to comply with the requirements of this 

order as fully and to the same extent as though no such 

motion had been filed and such motion shall be disposed of 

at the pre-trial conference, unless otherwise ordered by 

the Court. Parties will each submit memorandum regarding 

“any such motion to the Court in accordance with Local Rule 7, 

or no later than five (5) days prior to the pre-trial con- 

ference, whichever shall first occur. 

(4) If the case is settled prior to pre-trial 

conference, it is the responsibility of the plaintiff to 

see that the Court is promptly advised. 



(5) Should a party or his attorney fail to 

appear at the pre-trial conference or otherwise fail to 

comply with this Order, ex parte hearing may be held and 

judgment of dismissal or default or other appropriate judg- 

ment entered or sanctions imposed. 

(6) The Clerk shall furnish a copy of this Order 

to all counsel of record. 

DONE and ORDERED this _ 227d day of December 

1978 

WILLIAM STAFFORD / 
United States District Judge 

CC: Mr. Vont Spriggs 

(Attn: Christine 1,. Fallon) 

Mr. Richard J. Gardner and 

Mr CC. Graham Carothers 

(Attn. Michael P, Dodson) 

Mr. Jack Greenberg and 

Mr. Charles Williams