Entered on Docket October 15, 2014

Below is the Order of the Court.

1
2

______________________________
Paul B. Snyder
U.S. Bankruptcy Judge

(Dated as of Entered on Docket date above)

4
5
6
7

__________________________________________________________________________

UNITED STATES BANKRUPTCY COURT

WESTERN DISTRICT OF WASHINGTON AT TACOMA

9
10

In re:
Case No. 13-43836

11

MARK A. LEONARD,
12

Debtor.

13

Adversary No. 14-04062

FEDERAL DEPOSIT INSURANCE
CORPORATION, as Receiver for Cowlitz
Bank,

14
15

THIRD AMENDED
NOTICE OF TRIAL
AND ORDER SETTING DEADLINES

Plaintiff,

16
17

v.

18

MARK A. LEONARD, an individual

19

Defendant.

20
21
22
23
24

1.
Trial Setting. This case is first set for a two day1 non-jury trial
commencing at 8:30 a.m. on May 26 and 27, 2015, in the United States Bankruptcy
Court, Federal Building, 500 West 12th Street, Vancouver, Washington.
Requests for trial continuances will be considered only by motion and hearing.2
The exceptional circumstances warranting the continuance must be set forth in the
1

25

If counsel anticipates that the trial will take longer than the length of time set forth in this order, counsel
must, within ten (10) days of the date of this order, notify the Court and opposing counsel, by letter
electronically filed with the Court, of the anticipated length of trial. The Court will then schedule a pretrial
conference to facilitate any changes to the length of the trial and to discuss any other preliminary matters.

Hearing must be held no later than sixty (60) days from the date of this order.

NOTICE OF TRIAL AND

ORDER SETTING DEADLINES - 1
Case 14-04062-PBS

Doc 17

Filed 10/15/14

Ent. 10/15/14 07:25:04

Pg. 1 of 4

1
2
3
4
5

motion. All parties must attend the hearing and bring to the hearing their future
available dates.
2.
Disclosures. Disclosure material shall not be filed with the court, in
accordance with Local Rule W.D. Wash. C. R. 5(b) and Fed. R. Civ. P. 5(d), except as
exhibits or as evidence on a motion or at trial. All parties shall make the initial
disclosures as required by Fed. R. Civ. P. 26(a) and Fed. R. Bankr. P. 7026.

3.

Pretrial Procedures/Deadline. The deadlines are as follows:

7
8
9

a.
Dispositive motions shall be served and the hearing held no later
than April 7, 2015. If the parties anticipate oral argument to take more than ten (10)
minutes, they are to contact the Courtroom Deputy to obtain a special set hearing date
and time.

10
11

b.

Plaintiffs trial brief shall be due no later than May 12, 2015.

c.

Defendants trial brief shall be due no later than May 12, 2015.

12
13
14

d.
Trial briefs shall include, as an attachment, proposed findings of
fact and conclusions of law. All must be submitted in PDF format (see paragraph 4
below.) All must contain the top notation. See Local Rules W.D. Wash. Bankr.
9013-1(d).

15
16
17
18

e.

Motions in limine shall be served and filed no later than May 12,

2015.
These deadlines will not be routinely extended, absent a showing of diligent
prosecution and compliance with this order. All requests for extension must be
submitted by motion, noticed to all parties and set for hearing before the applicable
deadline.

19
20
21
22
23
24

4.
Pleadings. All motions, affidavits, and other documents shall be filed
electronically using the PDF searchable text format and shall indicate all signatures
as /s/ (e.g., /s/firstname lastname), pursuant to Local Rules W.D. Wash.
Bankr. 5005-1, General Order No. 2011-1, and General Order 2012-1.
5.

Exhibits.

a.
Identification. A number sequence shall be used for all exhibits of
all parties, with prefixes indicating the offering party (e.g., P1, P2, P3, etc.; D1, D2, D3,
etc.).

25

b.
Format. Exhibits shall be premarked in accordance with this order.
Any documentary exhibits that can reasonably be submitted on 8-1/2 by 11 inch paper
shall be, with text on one side only.
NOTICE OF TRIAL AND
ORDER SETTING DEADLINES - 2
Case 14-04062-PBS

Doc 17

Filed 10/15/14

Ent. 10/15/14 07:25:04

Pg. 2 of 4

1
2
3
4
5
6

c.
Binders. Any party submitting exhibits shall submit the exhibits in
3-ring binders. The binders shall include an index of the exhibits and each exhibit shall
be separated with an index tab marked with the identification as set forth in
paragraph 5(a) above. The parties may contact the Courtroom Deputy for return of the
binders at the conclusion of the matter.
d.
Submissions. Parties intending to offer exhibits shall submit
three (3) sets of the exhibits, in 3-ring binders, as follows: one (1) original and
two (2) copies brought to the Court on the day of the trial for use by the Court.

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

6.
Settlement. The parties shall promptly notify the Court if the matter is
settled. Settlement documents shall be filed and approved by the Court on or before
the trial date. In the event settlement approval has not been obtained, the parties must
appear on the trial date and the settlement shall be set forth on the record. Failure of
the parties to do so will result in the trial being stricken and the case dismissed with
prejudice for failure to comply with this order.
7.
Confirmation. The plaintiff shall confirm that the trial is going forward not
later than noon seven (7) court days prior to the scheduled trial date, and so advise
all parties. Failure to comply may result in the trial being stricken and the case
dismissed with prejudice. The trial shall be confirmed using the E-Docket
Confirmation Process. For information concerning the E-Docket Confirmation Process,
please visit the Courts website at http://www.wawb.uscourts.gov.
8.
Pretrial Conference. If you believe a pretrial conference would be
beneficial, one will be set upon written request by either party.
9.
Alternative Dispute Resolution. Parties are encouraged to discuss
settlement and investigate alternative dispute resolution (ADR) processes. For more
information regarding ADR, please see information for the Thomas T. Glover Mediation
Program located on the Courts website at http://www.wawb.uscourts.gov, under Court
Information.
10.
Consent to Entry of Final Adjudication. Each party shall comply with
the requirements of Fed. R. Bankr. P. 7008(a) and 7012(b) by admitting or denying
whether each separate matter is core or non-core. In the case of any matter that is
non-core, or any core matter upon which a party believes the Court may not enter a
final adjudication, each party shall state in a responsive pleading or in a separate
pleading filed no later than fourteen (14) days from the date of this Order, whether they
do or do not consent to the entry of final orders by the bankruptcy judge on such
matter.
11.
Compliance/Sanctions. Counsel/parties are advised that failure to
comply with the procedures and deadlines set forth in this order, including the duty to
provide the Court with updated documents as necessary, may result in sanctions,
including but not limited to monetary sanctions, adverse evidentiary rulings, and/or
NOTICE OF TRIAL AND
ORDER SETTING DEADLINES - 3
Case 14-04062-PBS

Doc 17

Filed 10/15/14

Ent. 10/15/14 07:25:04

Pg. 3 of 4

1
2
3

dismissal of the action. Trials may be stricken and the case dismissed with prejudice
or relief entered without further notice, and/or evidence excluded, for failure to comply
with this order.

///End of Order///

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

NOTICE OF TRIAL AND

ORDER SETTING DEADLINES - 4
Case 14-04062-PBS

Doc 17

Filed 10/15/14

Ent. 10/15/14 07:25:04

Pg. 4 of 4