Wilson et al v. Morrilton Arkansas, City of et al

Filing 32

ORDER denying 22 Motion to Dismiss for Lack of Prosecution. Signed by Judge Billy Roy Wilson on 9/21/11. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
BRANDON WILSON, et. al,
v.

PLAINTIFFS
4:10CV01184-BRW

MORRILTON, ARKANSAS, CITY OF, et. al,

DEFENDANTS

ORDER
Pending is Defendants’ Motion to Dismiss Plaintiffs’ Wrongful Death Claim for Failure to
Comply with a Court Order Regarding Disclosure of Expert Report and for Failure to Prosecute
(Doc. No. 22). Plaintiffs have responded1 and Defendants have replied.2
Defendants filed their Motion on September 2, 2011, arguing that Plaintiffs failed to meet
the August 15, 2011, deadline, to provide the “requisite case-in-chief expert disclosures.”3 On
September 15, 2011, Plaintiffs provided the report and curriculum vitae of their expert, Dr. Frank
Peretti, Jr.4
Plaintiffs’ counsel should have met the deadlines, but the problem can be cured by allowing
Defendants to take the expert’s deposition. There is time aplenty before the trial. Plaintiffs’ counsel
must forthwith furnish Defendants’ counsel with any missing documents or exhibits. Counsel
should “meet and confer” (by telephone will be satisfactory) to set up a mutually convenient time
for the deposition -- and to establish a near time when Plaintiffs’ counsel will provide the missing
documents. If the parties cannot agree upon the date, time, and place for the deposition, I should

1

Doc. No. 24.

2

Doc. No. 30.

3

Doc. No. 23.

4

Doc. No. 28.
1

be notified. I immodestly assert that I am right good at setting such dates, times, and places -- but
not always to the satisfaction of counsel and deponent (Saturdays and Sundays are in play).
Therefore, Defendants’ Motion to Dismiss Plaintiffs’ Wrongful Death Claim for Failure to
Comply with a Court Order Regarding Disclosure of Expert Report and for Failure to Prosecute
(Doc. No. 22) is DENIED.
IT IS SO ORDERED this 21st day of September, 2011.

/s/Billy Roy Wilson
UNITED STATES DISTRICT JUDGE

2