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Federal Bar Update: Uniform Case Management Plan changes

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Federal Bar UpdateExperts - The Southern District of Indiana recently modified two sections of the court’s Uniform Case Management Plan regarding experts, as follows:

F. Plaintiff(s) shall disclose the name, address, and vita of any expert witness, and shall serve the report required by Fed. R. Civ. P. 26(a)(2) on or before [no later than 13 months from Anchor Date]. Defendant(s) shall disclose the name, address, and vita of any expert witness, and shall serve the report required by Fed. R. Civ. P. 26(a)(2) on or before [30 days after Plaintiff(s) serves its expert witness disclosure]; or if Plaintiff has disclosed no experts, Defendant(s) shall make its expert disclosure on or before [no later than 14 months from Anchor Date].

G. If a party intends to use expert testimony in connection with a motion for summary judgment to be filed by that party, such expert disclosures must be served on opposing counsel no later than 60 days prior to the dispositive motion deadline. If such expert disclosures are filed the parties shall confer within 7 days to stipulate to a date for responsive disclosures (if any) and completion of expert discovery necessary for efficient resolution of the anticipated motion for summary judgment. The parties shall make good faith efforts to avoid requesting enlargements of the dispositive motions deadline and related briefing deadlines. Any proposed modifications of the CMP deadlines or briefing schedule must be approved by the court.

These provisions are straightforward and self-explanatory, but need to be reviewed, understood and calendared.

ECF civil case opening - Since Feb. 1, the Southern District has been accepting new case openings via ECF. To take advantage of this convenient option, attorneys and/or their support staff must attend a free two-hour training program at the court or via webinar. Payment of filing fees upon initiating a case via ECF occurs electronically through pay.gov, either by credit card or electronic funds withdraw from a bank account. For more information, contact the clerk’s office.

Northern District magistrate opening – The Judicial Conference has authorized a magistrate judge position in the Northern District of Indiana, Hammond Division. Applications are due by May 15. For information, see the court’s website, http://www.innd.uscourts.gov/.

Discovery from prosecutor in civil case – In Davis v. Carmel Clay Schools, No. 1:11-CV-771 (S.D. Ind. March 30, 2012), Magistrate Judge Mark Dinsmore issued a lengthy opinion addressing the ability to obtain various records from the prosecutor and police in connection with their criminal investigation of alleged bullying. The opinion grants in part and denies in part various motions to quash and compel. For counsel seeking investigative information from law enforcement, the opinion provides an excellent summary of many issues. The opinion also shows Dinsmore’s interest in and attention to detail in discovery issues.•

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John Maley – jmaley@btlaw.com – is a partner with Barnes & Thornburg, LLP, practicing federal and state litigation, employment matters, and appeals. The opinions expressed are those of the author.

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  1. Thank you, John Smith, for pointing out a needed correction. The article has been revised.

  2. The "National institute for Justice" is an agency for the Dept of Justice. That is not the law firm you are talking about in this article. The "institute for justice" is a public interest law firm. http://ij.org/ thanks for interesting article however

  3. I would like to try to find a lawyer as soon possible I've had my money stolen off of my bank card driver pressed charges and I try to get the information they need it and a Social Security board is just give me a hold up a run around for no reason and now it think it might be too late cuz its been over a year I believe and I can't get the right information they need because they keep giving me the runaroundwhat should I do about that

  4. It is wonderful that Indiana DOC is making some truly admirable and positive changes. People with serious mental illness, intellectual disability or developmental disability will benefit from these changes. It will be much better if people can get some help and resources that promote their health and growth than if they suffer alone. If people experience positive growth or healing of their health issues, they may be less likely to do the things that caused them to come to prison in the first place. This will be of benefit for everyone. I am also so happy that Indiana DOC added correctional personnel and mental health staffing. These are tough issues to work with. There should be adequate staffing in prisons so correctional officers and other staff are able to do the kind of work they really want to do-helping people grow and change-rather than just trying to manage chaos. Correctional officers and other staff deserve this. It would be great to see increased mental health services and services for people with intellectual or developmental disabilities in the community so that fewer people will have to receive help and support in prisons. Community services would like be less expensive, inherently less demeaning and just a whole lot better for everyone.

  5. Can I get this form on line,if not where can I obtain one. I am eligible.

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