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UNITED STATES BANKRUPTCY COURTWESTERN DISTRICT OF WASHINGTON AT TACOMA

In re:

MARK A. LEONARD,

Debtor.

Case No. 13-43836

FEDERAL DEPOSIT INSURANCECORPORATION, as Receiver for CowlitzBank,

Plaintiff,

v.

MARK A. LEONARD, an individual

Defendant.

Adversary No. 14-04062

THIRD AMENDEDNOTICE OF TRIAL

AND ORDER SETTING DEADLINES

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 BankruptcyCourt, 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

1If counsel anticipates that the trial will take longer than the length of time set forth in this order, counselmust, within ten (10) days of the date of this order, notify the Court and opposing counsel, by letterelectronically filed with the Court, of the anticipated length of trial. The Court will then schedule a pretrialconference to facilitate any changes to the length of the trial and to discuss any other preliminary matters.

2Hearing must be held no later than sixty (60) days from the date of this order.

NOTICE OF TRIAL ANDORDER SETTING DEADLINES - 1

______________________________Paul B. SnyderU.S. Bankruptcy Judge

__________________________________________________________________________

Below is the Order of the Court.

(Dated as of Entered on Docket date above)

Entered on Docket October 15, 2014

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motion. All parties must attend the hearing and bring to the hearing their futureavailable dates.

2. Disclosures. Disclosure material shall not be filed with the court, inaccordance with Local Rule W.D. Wash. C. R. 5(b) and Fed. R. Civ. P. 5(d), except asexhibits or as evidence on a motion or at trial. All parties shall make the initialdisclosures as required by Fed. R. Civ. P. 26(a) and Fed. R. Bankr. P. 7026.

3. Pretrial Procedures/Deadline. The deadlines are as follows:

a. Dispositive motions shall be served and the hearing held no laterthan 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 dateand time.

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.

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

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 diligentprosecution and compliance with this order. All requests for extension must besubmitted by motion, noticed to all parties and set for hearing before the applicabledeadline.

4. Pleadings. All motions, affidavits, and other documents shall be filedelectronically using the PDF searchable text format and shall indicate all signaturesas /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 ofall parties, with prefixes indicating the offering party (e.g., P1, P2, P3, etc.; D1, D2, D3,etc.).

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 papershall be, with text on one side only.

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c. Binders. Any party submitting exhibits shall submit the exhibits in3-ring binders. The binders shall include an index of the exhibits and each exhibit shallbe separated with an index tab marked with the identification as set forth inparagraph 5(a) above. The parties may contact the Courtroom Deputy for return of thebinders at the conclusion of the matter.

d. Submissions. Parties intending to offer exhibits shall submitthree (3) sets of the exhibits, in 3-ring binders, as follows: one (1) original andtwo (2) copies brought to the Court on the day of the trial for use by the Court.

6. Settlement. The parties shall promptly notify the Court if the matter issettled. Settlement documents shall be filed and approved by the Court on or beforethe trial date. In the event settlement approval has not been obtained, the parties mustappear on the trial date and the settlement shall be set forth on the record. Failure ofthe parties to do so will result in the trial being stricken and the case dismissed withprejudice for failure to comply with this order.

7. Confirmation. The plaintiff shall confirm that the trial is going forward notlater than noon seven (7) court days prior to the scheduled trial date, and so adviseall parties. Failure to comply may result in the trial being stricken and the casedismissed with prejudice. The trial shall be confirmed using the E-DocketConfirmation 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 bebeneficial, one will be set upon written request by either party.

9. Alternative Dispute Resolution. Parties are encouraged to discusssettlement and investigate alternative dispute resolution (ADR) processes. For moreinformation regarding ADR, please see information for the Thomas T. Glover MediationProgram located on the Courts website at http://www.wawb.uscourts.gov, under CourtInformation.

10. Consent to Entry of Final Adjudication. Each party shall comply withthe requirements of Fed. R. Bankr. P. 7008(a) and 7012(b) by admitting or denyingwhether each separate matter is core or non-core. In the case of any matter that isnon-core, or any core matter upon which a party believes the Court may not enter afinal adjudication, each party shall state in a responsive pleading or in a separatepleading filed no later than fourteen (14) days from the date of this Order, whether theydo or do not consent to the entry of final orders by the bankruptcy judge on suchmatter.

11. Compliance/Sanctions. Counsel/parties are advised that failure tocomply with the procedures and deadlines set forth in this order, including the duty toprovide the Court with updated documents as necessary, may result in sanctions,including but not limited to monetary sanctions, adverse evidentiary rulings, and/or

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

///End of Order///

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