Weaver v. Toyota Motor Corporation et al

Filing 33

ORDER granting 31 32 Motion to Vacate 30 Order Dismissing Case. The trial will be continued to sometime in 2013. Pltf will file an amended complaint by 8/21/12 and Rule 26 expert disclosures by 9/30/12. Toyota will produce its Rule 26 expert disclosures by 11/15/12; and the discovery cutoff will be 1/31/13. Signed by Judge James M. Moody on 8/3/12. (kpr) (Additional attachment(s) added on 8/3/2012: # 1 Main Document - Correct) (hph).

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION RICKY WEAVER, as Personal Representative of the Estate of MICAH WEAVER, Deceased V. PLAINTIFF 1:11CV0025 TOYOTA MOTOR CORPORATION, A Japanese corporation; TOYOTA MOTOR SALES, U.S.A., INC., a California corporation; and TK HOLDINGS, INC. DEFENDANTS ORDER Pending are Plaintiff’s motions to vacate dismissal. (Docket # 31 and 32). For good cause shown, the motions are GRANTED. The Court’s Order dated July 30, 2012 dismissing this case without prejudice is hereby vacated. The following conditions will be imposed: 1. The trial of this case will be continued to sometime in 2013 other than April and 2. There will be no further discovery of Toyota other than of its expert witnesses; 3. Plaintiff will file an amended complaint identifying in detail his actual defect May; theories, to be supported by expert testimony, by August 21, 2012; 4. Plaintiff will produce his Rule 26 expert disclosures, including reports, by September 30, 2012; 5. Toyota will produce its Rule 26 expert disclosures, including reports, by November 15, 2012; 6. The discovery cutoff will be January 31, 2012 IT IS SO ORDERED this 3rd day of August, 2012. ______________________________ James M. Moody United States District Judge

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