Helena Chemical Company et al v. Skinner et al

Filing 106

ORDER restating the Court-Ordered deposition schedule; (Attachments: #(1) Attachments 1 - 6). Signed by Judge Susan Webber Wright on 4/27/12. (vjt)

FILED

U. S. DISTRICT COURT
.
EASTERN DISTRICT ARKANSAS

APR 2 7 2012

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
~A~ES W. McCORMAC~RK
LITTLE ROCK DIVISION
y.
e CLERK
HELENA CHEMICAL COMPANY and
FEDERAL INSURANCE COMPANY
Plaintiffs

v.
JOHN BOSWELL SKINNER, JR., ET
AL.
Defendants

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NO: 4:11CV00691

sww

ORDER
Helena Chemical Company ("Helena") and Federal Insurance Company bring this action
against former Helena employees John Boswell Skinner, Jr., Thomas Chris Coleman, Kurt
Nelson Catlett, Adam Ross Catlett, and Wayne Norman Bass. This order restates the Courtordered deposition schedule announced during the telephone conference held in this case on
April25, 2012.
By order entered AprillO, 2012, the Court directed the parties to attempt to come to an
agreement, by Apri116, 2012, regarding a schedule for Plaintiffs' depositions of non-party
witnesses. Specifically, the Court directed Plaintiffs' counsel to provide Defendants' counsel a
list of the names of all non-party witnesses that Plaintiffs intend to depose, along with a list of
proposed deposition dates, and the Court directed Defendants' counsel to provide Plaintiffs'
counsel a list of dates on which they would be available for depositions.
On April17, 2012, the Court received a letter from Helena's counsel, stating that the

parties were unable to reach an agreement. A copy of counsel's letter, along with the
aforementioned lists, which are included in letters and email communications among counsel, are
appended as Attachments ##1-6 to this order.
On April25, 2012, the Court held a telephone conference for the purpose of scheduling
Plaintiffs' depositions of non-party witnesses. All parties participated in the conference through
counsel and agreed to deposition dates for 31 non-party witnesses that Plaintiffs intend to depose,
which Plaintiffs have classified into three groups. Plaintiffs want to complete the non-party
depositions during the months of May, June, and July, 2012 and they estimate that most of the
depositions will last half a day. Given the time constraints and conflicting schedules of
Defendants' attorneys, it is not possible for each Defendant's attorney to attend each deposition.
Accordingly, defense counsel agreed that the depositions could proceed provided that one or
more attorneys representing a defendant in this case attends each deposition. The agreed
deposition schedule follows.
First Group of Non-Party Depositions

Depositions for the first group of non-party witnesses, which include Diane Duran, Teddy
Stewart, and JBS Agri Solutions, Inc., will proceed on the following dates:
May 1, 2012 (Attorneys Denise Hoggard, Joseph Perry, and Phillip Allen to attend)
May 9, 2012 (Attorneys Denise Hoggard, Joseph Perry, and Phillip Allen to attend)
May 10, 2012 (Attorneys Denise Hoggard, Joseph Perry, and Phillip Allen to attend)
NOTE: According to an email communication from Jim Simpson, counsel for non-

parties Diane Duran and Teddy Simpson, Simpson is available to attend depositions on May 8
and 10, 2012. See Attachment #6. During the telephone conference, the Court directed counsel
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for Helena to contact attorney Simpson and inform him that he should file a motion to quash if
his schedule does not permit him to attend his clients' depositions.
Second Group of Non-Party Depositions

Depositions for the second group of non-party witnesses, which includes individuals
listed in Attachment #2 to this order, will proceed on the following dates:
May 24, 2012 (Attorneys Denise Hoggard and Phillip Allen to attend)
May 25, 2012 (Attorneys Denise Hoggard, Danny Glover, and Phillip Allen to attend)
May 30, 2012 (Attorneys Denise Hoggard, Danny Glover, and Phillip Allen to attend)
June 5, 2012 (Attorney Denise Hoggard to attend)
June 6, 2012 (Attorney Denise Hoggard to attend)
June 7, 2012 (Attorney Denise Hoggard to attend)
June 12, 2012 (Attorney Denise Hoggard to attend)
June 13, 2012 (Attorney Denise Hoggard to attend)
June 14,2012 (Attorney Danny W. Glover to attend)
June 15,2012 (Attorney Danny W. Glover to attend)
June 20, 2012 (Attorney Phillip Allen to attend)
Third Group of Non-Party Depositions

Depositions for the second group of non-party witnesses, which includes individuals
listed in Attachment #2 to this order, will proceed on the following dates:
July 10, 2012 (Attorney Danny W. Glover to attend)
July 11, 2012 (Attorney Danny W. Glover to attend)
July 12, 2012 (Attorney Danny W. Glover to attend)
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July 13, 2012 (Attorney Danny W. Glover to attend)
July 18, 2012 (Attorney Danny W. Glover to attend)
July 19, 2012 (Attorney Danny W. Glover to attend)
July 20,2012 (Attorney Danny W. Glover to attend)
July 24, 2012 (Attorney Denise Hoggard to attend)
July 25, 2012 (Attorney Denise Hoggard to attend)
June 26, 2012-afternoon (Attorney Denise Hoggard to attend)
June 27, 2012 (Attorney Denise Hoggard to attend)
June 28, 2012 (Attorney Charles P. Allen to attend)
June 29, 2012 (Attorney Denise Hoggard to attend)
July 31,2012 (Attorney Denise Hoggard to attend)

n1Jv

IT IS SO ORDERED THISd fDA Y OF APRIL, 2012.

Q;JM4yU_[~
UNITED STATES DI T

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JUDGE