Reed v. Malone's Mechanical, Inc. et al

Filing 78

ORDER granting 71 Motion for Extension of Time to Complete Discovery; granting 72 Motion for Leave; granting 73 Motion for Judgment as a Matter of Law; and granting 76 Motion for Hearing as set forth. ( Pretrial Conference set for Wednesday 9/1/2010 at 3:00 PM in Fort Smith -- 1st flr (Rm 1004) before Honorable Robert T. Dawson.) The trial remains set for the week of 9/7/10. Signed by Honorable Robert T. Dawson on August 9, 2010. (lw)

Reed v. Malone's Mechanical, Inc. et al

Doc. 78

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION MICHAEL REED v. Case No: 09-2061 DEFENDANTS INTERVENORS ORDER Currently before the Court are Plaintiff's Motions for PLAINTIFF

MALONE'S MECHANICAL, INC., and MICHAEL JACOBS TRAVELERS INSURANCE COMPANY and FMC TECHNOLOGIES

Extension of Discovery Deadline to Complete Deposition of Dr. Reintjes (doc. 71), for Leave to Depose Rebuttal Witnesses and Alternative Motion in Limine to Strike Portions of Deposition of Dr. Stephen Reintjes (doc. 72), and for Conference with Court (doc. 76). Also before the Court is Defendants' Motion for Application

of Arkansas Law (doc. 73). Plaintiff's Motion for Extension of Discovery Deadline to Complete Deposition of Dr. Reintjes (doc. 71) is GRANTED, and the discovery deadline is extended for the purpose of completing Dr. Reintjes' deposition on August 13, 2010. Plaintiff's Motion for Leave to Depose Rebuttal Witnesses (doc. 72) is GRANTED to the extent that the discovery deadline is extended to permit Plaintiff to depose Drs. Richard Miller and Jeffrey Kaplan for the purpose of rebuttal testimony provided that such depositions be completed at a time and place agreed upon by the parties in sufficient advance of the trial date.

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Defendants' Motion for Application of Arkansas Law (doc. 73) is GRANTED, as Arkansas law applies to intervenors' subrogation claim for the recovery of Workers' Compensation benefits. Finally, Plaintiff's Motion or Suggestion for Conference with Court (doc. 76) is GRANTED, and a pre-trial conference is scheduled for Wednesday, September 1, 2010, at 3:00 p.m. The trial of this

matter remains set for the week of September 7, 2010. IT IS SO ORDERED this 9th day of August 2010. /s/Robert T. Dawson Honorable Robert T. Dawson United States District Judge