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
ghchambers@ared.uscourts.gov.

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


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
AT THE DIRECTION OF THE COURT
JAMES W. MCCORMACK, CLERK
BY:/s/ Patricia L. Murray
COURTROOM DEPUTY CLERK
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