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)

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MITCHELL WILLIAMS 425 WEST CAPITOL AVENUE, SUITE 1800 LITTLE ROCK, ARKANSAS 7220 1·3525 TELEPHONE: 50 1-688-8800 FAX: 50 1·688·8807 JOHN K. BAKER DIRECT DIAL: 50 1-688-8850 FAX: 501·918·7850 ~MAIL: JBAKER@MWLAW.COM April 17,2012 Via Hand Delivery The Honorable Susan Weber Wright United States District Court Judge Richard Sheppard Arnold US Courthouse 500 W. Capitol Ave., Rm. D469 Little Rock, AR 72201 Re: Helena Chemical Company, eta/. v. John Boswell Skinner, Jr., eta/. USDC Eastern District of Arkansas Case No. 4:11-cv-691-SWW Dear Judge Wright: In reference to your Honor's Order entered last week (Doc. 89), unfortunately the parties were unable to reach agreement by the Order's deadline of April 16, 2012. Pursuant to said Order, enclosed are the following documents: Aprill2, 2012 letter from plaintiffs' counsel to defense counsel; April13, 2012 email from John Baker to defense counsel; April16, 2012 letter from Denise Hoggard to John Baker; · April16, 2012 email from Phillip Allen to John Baker; and April 16, 2012 email exchange between John Baker and Jimmy Simpson, attorney for deponents Diane Duran and Teddy Stewart We appreciate your Honor's helpfulness in resolving this scheduling matter. Cordially, JKB/dw Enclosures cc: All counsel of record (w/enclosures- via email only) Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C. 1 Attorneys at Law Atkansas • Texas • New York • Washington, D.C. I MitchellWilliamsLaw.com MITCHELL WILLIAMS 425 West Capitol Avenue, Suite 1800 Little Rock, Arkansas 72201-3525 Telephone: 501-686-6600 Fax: 501-688-8807 John K. Baker Direct Dial: 501-666-6650 Fax: 501-916-7650 E-mail: jbaker@mwlaw.com April12, 2012 Via Email Only Denise Reid Hoggard Chisenhall, Nestrud and Julian, P.A. 400 W. Capitol, Suite 2840 Little Rock, Arkansas 72201 Danny W. Glover 705 East Canal Street Post Office Box 373 Wynne, AR 72396 Phillip Allen P.O. Box 2602. West Helena, Arkansas 72390 Amy E. Boyd Boyd Law Offices 622 Pecan· Helena, AR 72342 Joe R. Perry 12 South Poplar Street P.O. Box 389 Marianna, Arkansas 72360 Re: Helena Chemical Company, et a!. v. John Boswell Skinner, Jr. et a!. U.S.D.C. Eastern District of Arkansas, Case No. 4:11-cv-691-SWW Defense Counsel: In reference to the April 10, 2012 Order, I write to provide a list of the names of all nonparty witnesses Plaintiffs intend to depose, along with proposed deposition dates for these witnesses. Please know that we expect to supplement our Initial Disclosures in the coming days and that this list of witnesses is based upon our present understanding of the case and discovery reviewed to-date and is subject to change. Please also know that, unless otherwise agreed or indicated below, Plaintiffs intend to schedule only one deposition per day given the number of attorneys who may question the deponent. Initial Group of Third Party Deponents 1 and Available Dates Diane Duran (half7day) Teddy Stewart The deposition of third party, Barbara Gail Catlett, has been noticed for May 2, 2012 based upon a date confirmed as available by defense counsel. Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.IAttorneys at Law Little Rock•Rogers•AustiniMitcheiiWilliamslaw.com April12, 2012 Page2 April 18, 19, or 20 May 1, 3, 4, 7, 9 (a.m.), 10 (p.m.), or 11 Secondary Group of Third Party Deponents and Available Dates Josh Bartlett (half-day) Stanley Bartlett (half-day) Roger Bennett (half-day) Russell Bonner (half-day) Stanley Chastain (half-day) Gary Gerlach (half-day) Kevin Gerlach (half-day) David Johnston Will Ligon, IV (half-day) Doug Mayhue (half-day) Henry Lee Stewart Kimberly Stewart (half-day) May 22, 24, 25, 29, or 30 June 5, 6, 7, 8, 12, 13, 14, 15, 20, 21,22 Tertiary Group of Third Party Deponents and Available Dates Allen Culp (half-day) Blake Culp (half-day) Pat Foran (half-day) Kotton Guest (half-day) Phil Hall (half-day) Eugene (Blue) Hindsley (half-day) Dean Hindsley (half-day) Jim Hindsley (half-day) Odell Hindsley (half-day) Pace Hindsley (half-day) Gene Hosey (half-day) Chris Kale (half-day) John Mayo (half-day) Van Miller (half-day) Donnie Wilkinson (half-day) Harold Wilson (half-day) June 26 (p.m.), 27, 28, or 29 July 10, 11, 12, 13, 17, 18, 19, 20, 24, 25, 26, 29, or 31 Aprill2, 2012 Page3 Should you have any questions, I may be reached at the number above. Sincerely yours, MITCHELL, WILLIAMS, SELIG, GATES & WOODYARD, P.L.L.C. ~~~-·· JKB/dw cc: David Hailey Jennifer McLean )ebbie Weith John Baker Obaker@mwlaw.com] Friday, April13, 2012 12:36 PM 'Denise Hoggard (dhoggard@cnjlaw.com)'; 'Joe Perry'; 'Danny Glover'; 'Amy Boyd'; 'Phillip Allen' 'C. David Hailey (dhailey@mfllaw.com)'; 'Jennifer McLean'; Brian Pipkin Helena/Federal/Skinner HCC Skinner Letter to Defense Counsel.pdf =rom: )ent: ro: ~c: >ubject: ~ttachments: :ounsel: With respect to the letter below sent to you yesterday (and attached again above), I need to make two corrections: kst, Dean Hindsley in the third group of deponents is misspelled. The gentleman's name is Dean Lindley. ;econd, in the first group of deponents, a 30(b)(6) deposition of JBS Agri Solutions, Inc. (half-day) should be added. I look forward to hearing from you all soon on mutually agreeable dates. Thank you. \lfiTCHELL WILLIAMS lohn Keeling Baker v 501.688.8850 I c 501.940.8850 I F 501.918.7850 I H 501.663.8494 )aker@mwlaw.com 1 MitcheiiWilliamsLaw.com .25 W. Capitol Ave. I Ste. 1800 I Little Rock, AR 72201 ~itchell, Williams, Selig, Gates & Woodyard, P.L.L.C. :rom: John Baker ient: Thursday, April 12, 2012 1:09 PM ·o: 'Denise Hoggard (dhoggard@cnjlaw.com)'; 'Joe Perry'; 'Danny Glover'; 'Amy Boyd'; 'Phillip Allen' :c: 'C. David Hailey (dhailey@mfllaw.com)'; 'Jennifer Mclean'; Brian Pipkin iubject: Helena/Federal/Skinner :ounsel: Please see attached a letter from me to you about third party deposition dates, as well as a new subpoena duces ecum that soon will be served. H v1ITCHELL PWILLIAMS !: ohn Keeling Baker v501.688.8850 I c 501.940.8850 I F 501.918.7850 I H 501.663.8494 >aker@mwlaw.com I MitcheiiWilliamsLaw.com 25 W. Capitol Ave. I Ste. 1800 1 Little Rock, AR 72201 ~itchell, Williams, Selig, Gates & Woodyard, P.L.L.C. 1 RS Circular 230 Disclosure: Any federal tax advice contained in this communication, including attachments and enclosures, is not intended or written to be used, and :an not be used, for the purpose of avoiding tax-related penalties under the Internal Revenue Code or promoting, marketing or recommending to another party any taxelated matters addressed herein. ~onfidentiality Notice: This electronic mail transmission and any attachment may constitute an attorney-client communication that is privileged at law. It is not intended for ransmission to, or receipt by, any unauthorized persons. If you have received this electronic mail transmission in error, please delete it from your system without copying it, 1nd notify the sender by reply e-mail or by calling (501) 688-8800 Little Rock, AR (479) 464-5650 Rogers, AR (512) 480-5100 Austin, TX (212) 292-4884 New York, NY or 202) 220-3061 Washington, D.C., so that our address record can be corrected. 2 CHISENHALL, NESTRUD & JULIAN, P.A. ATTORNEYS AT LAW REGIONS CENTER 400 WEST CAPITOL, SUITE 2840 LITTLE ROCK, ARKANSAS 72201 TELEPHONE ISOII 372-5800 www.cnjlaw.com FAX ISOII 372-4941 April 16, 2012 VIA EMAIL Mr. John Baker Mitchell Williams 425 W. Capitol Ave.,# 1800 Little Rock, AR 72201 RE: Helena Cflemical Company, et at. v. Jolin Skinner, et a/. U.S.D.C. Eastern District of AR; Case No.: 4:11-cv-691 SWW Dear John, In response to your Apri112, 20 12letter regarding proposed deposition dates, I was surprised to see requests for 30 persons to be deposed, 16 ofwhom were not listed on initial disclosures until April 13, 2012. Further, your intention to depose the witnesses for one day each makes your proposal for timing of the depositions even more burdensome on the Defendants. During our Rule 26 conference, we acknowledged that there might be a need to take more than ten depositions in this matter. We agreed that Plaintiffs would be able to take a total of 30 depositions. You have now identified those 30 depositions and are proposing that they all be taken ~~~~~ . I have a heavy trial schedule during June and July but will make my schedule available for at least ten full days of depositions days. As some of the depositions have been identified as taking only one-half day, it would be helpful if we are able to schedule two on the same day, particularly since the depositions will require travel by one or more of the defense counsel. From my understanding of the depositions of Diane Duran and Teddy Stewart, we should be able to complete those within one day. As to the remaining depositions I can be available between now and the end of July on the following dates: Initial Group of Third Partv Defendants Dates May 1, 9, 10, and 11th Secondary Group of Third Party Deponents and Available Dates May 24, 25, and 30th June 5, 6, 7, 12, 13, or 22nd CHISENHALL, NESTRUD & JULIAN, PA. Tertiary Group of Third Party Deponents and Available Dates June 26, 27 and 29 1h July 24, 25, 26 and 31st I will be available to confer today with the exception of from 9:30a.m. to 10:30 a.m., and 1 p.m. through the end of the day. Sin A, ~d=t: DRH/kt Enclosure cc: John Skinner Amy McCay Joe Perry Phillip Allen Danny Glover David Hailey Jennnifer McClean Debbie Weith From: Sent: ro: Cc: Subject: Phillip.AIIen [phillipallen@suddenlinkmail.com] Monday, April 16, 2012 5:28 PM John Baker joe@daggettlaw.com; dgloverfed@hotmail.com; amy@amyboydlaw.com; Denise Hoggard; C. David Hailey (dhailey@mfllaw.com ); JenniferMcLean Re: Helena Chemical v. Skinner, et al [am good with denise's letter except I will be on vacation from june 9 to 16. Thanks Phillip Allen 1\.llen and Allen Law Firm, PLLC P.O. Box 2602 West Helena, AR 72390 l-870-572-6065 Sent from my iPhone ~n Apr 16,2012, at 9:15AM, John Baker <jbaker@mwlaw.com> wrote: Defense Counsel: I am in receipt of Denise's attached letter regarding third party deposition scheduling. Are each of you sending planning on sending us such a letter today or should we work from Denise's letter? Thanks. <image001.jpg> John Keeling Baker w 501.688.8850 I c 501.940.8850 I F 501.918.7850 I H 501.663.8494 jbaker@mwlaw.com 1 MitcheiiWilliamsLaw.com 425 W. Capitol Ave. 1 Ste. 1800 I Little Rock, AR 72201 Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C. From: Karen Turner [mailto:Kfurner@cnjlaw.com] Sent: Monday, April 16, 2012 8:52 AM To: John Baker Cc: C. David Hailey (dhailey@mfllaw.com); Jennifer T.McLean (jmclean@mfllaw.com); dpipkin@mwlaw.com; joe@daggettlaw.com; PhillipAIIen (phillipallen@suddenlinkmail.com); dgloverfed@hotmail.com; amy@amyboydlaw.com; Denise Hoggard 1 Subject: Helena Chemical v. Skinner, et al A\·h~.cL\~et'\.-Y'" 1 !!~ Please see attached letter. Karen Turner Paralegal to Denise Hoggard & Jason Earley Chisenhall, Nestrud & Julian, P.A. 400 W. Capitol Avenue, Suite 2840 Little Rock, Arkansas 72201 501-372-5800- Telephone 501-320-3823 - Direct Line 501-372-4941 -Fax Confidentiality Notice: This message may constitute a confidential attorney-client communication. It is intended exclusively for the individual or entity to which it is addressed. If you are not the named addressee, you are not authorized to read, print, retain, copy or disseminate this message or any part of it. If you have received this message in error, please notifY the sender immediately by e-mail and delete all copies of this message. IRS Circular 230 Disclosure: Any federal tax advice contained in this communication, including attachments and enclosures, is not intended or written to be used, and cannot be used, for the purpose of avoiding tax-related penalties under the Internal Revenue Code or promoting, marketing or recommending to another party any tax-related matters addressed herein. Confidentiality Notice: This electronic mail transmission and any attachment may constitute an attorney-client communication that is privileged at law. It is not intended for transmission to, or receipt by, any unauthorized persons. If you have received this electronic mail transmission in error, please delete it from your system without copying it, and notify the sender by reply e-mail or by calling (501) 688-8800 Little Rock, AR (479) 464-5650 Rogers, AR (512) 480-5100 Austin, TX (212) 292-4884 New York, NY or (202) 220-3061 Washington, D.C., so that our address record can be corrected. <Baker.John re depos.pdf.> 2 .John Baker Jimmy Simpson Ua_simpsonlaw@sbcglobal.net] Monday, April 16, 2012 11 :23 AM John Baker RE: Helena/Skinner - Scheduling From: Sent: To: Subject: John May 8 or May 10. We will be patient but not going to sit there all day when they know nothing. By the way, David DOES have documents in response to last week's subpoena. James A. Simpson, Jr Simpson, Simpson & Collier (501) 279-9292 (0) (50 1) 279-0808 (F) ja simpsonlaw@sbcglobal.net This e-mail message may contain privileged, confidential and/or proprietary information of Simpson Law Firm. If you believe that it has been sent to you in error, please contact the sender immediately and delete the message including any attachments, without copying, using, or distributing any of the information contained therein. This e-mail message should not be interpreted to include a digital or electronic signature that can be used to authenticate an agreement, contract or other legal document, nor to reflect an intention to be bound to any legally-binding agreement or contract. From: John Baker [mailto:jbaker@mwlaw.coml Sent: Monday, April16, 2012 9:08AM To: 'Jimmy Simpson ' Cc: Brian Pipkin Subject: Helena/Skinner - Scheduling Jimmy: All of the counsel are working to arrive at new dates for the Duran and Stewart depositions. On what dates between now and May 12 are you available to defend the depositions of Diane Duran and Teddy Stewart? Assume that Ms. Duran's deposition takes 2 hours and that Mr. Stewart's deposition takes 5 hours. Thanks. i MITCHELL 1WILLIAMS John Keeling Baker w 501.688.8850 I c 501.940.8850 IF 501.918.7850 I H 501.663.8494 jbaker@mwlaw.com 1 MitcheiiWilliamslaw.com 425 W. Capitol Ave. I Ste. 1800 I Little Rock, AR 72201 Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C. A#o.c.kK-teM-1:IlC, i'f'~ffcii~(;uiar230 Disclosure: Any federaiiax'adVice contaTri'ed''iil thiS communication. inc~uding attachments and enclosures. is not intended Of written to be used, and cannot be used, for the purpose of av01dmg tax-related penalties under the Internal Hevenue Code or promoting, marketing or recommending to another party 1 any tax-related matters addressed herein. Confidentiality Notice: This electronic mail transmission and any attachment may constitute an attorney-client communication that is privileged at law. It is not intended for transmission to, or receipt by, any unauthorized persons. If you have received this electronic mail transmission in error, please delete it from your system without copying it. and notify the sender by reply e-mail or by calling (501) 688-8800 Little Rock., AR (479) 464-5650 Rogers, AF~ (512) 480-5100 Austin, TX (212) 292-4884 New York, NY or (202) 220-3061 Washington. D.C .. so that our address record can be corrected. 2

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