Donnelly et al v. Leafty et al

Filing 27

ORDER holding in abeyance 24 MOTION to Strike Defendants' Notice of Nonparty Fault. The parties are to notify the Court of the Arkansas Supreme Court's decision w/i 10 days of its decision in Johnson v. Rockwell Automation, Inc., et al, Case No. 1:06CV00017. The trial date of 5/11/09 is continued & an Amended Scheduling Order will be issued once the Supreme Court has issued its opinion. The deadlines set forth in 23 Order are extended 45 days with the exception of pretrial discl osure sheets. Deadlines for pretrial disclosure sheets, trial briefs, jury instructions, motions in limine & stipulations will be set by the Amended Scheduling Order. (Discovery due by 5/15/2009, Motions due by 5/26/2009, Status Report due by 5/28/2009). Signed by Judge James M. Moody on 3/23/09. (jct)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION LISA A. DONNELLY, ET AL VS. CASE NO. 3:08CV00100 JMM DEFENDANTS ORDER Pending before the Court is Plaintiffs' Motion to Strike Defendants' Notice of Nonparty Fault (#24). Because the constitutionality of Arkansas Code Annotated § 16-55-202 is the central issue in the motion and because Chief Judge J. Leon Holmes has certified this question to the Arkansas Supreme Court in Johnson v. Rockwell Automation, Inc., et al. 1:06CV00017, the Court will hold the motion in abeyance until such time as the Arkansas Supreme Court has decided the issue. In addition, the trial date of May 11, 2009, is continued and an Amended Scheduling Order will be issued once the Supreme Court has issued its opinion. The deadlines set forth in the Court's Order of March 2, 2009, are extended 45 days with the exception of pretrial disclosure sheets. Deadlines for pre-trial disclosure sheets, trial briefs, jury instructions, motions in limine, and stipulations will be set by the subsequent Amended Scheduling Order. The parties are to notify the Court of the Arkansas Supreme Court's decision within 10 days of its decision in Johnson v. Rockwell Automation, Inc., et al. 1:06CV00017. IT IS SO ORDERED THIS 23 day of March , 2009. PLAINTIFFS

LEONARD LEAFTY, ET AL.

James M. Moody United States District Judge