Lammle v. Ball Corporation et al

Filing 26

COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael J. Watanabe: Scheduling Conference/Motion Hearing held on 3/16/2012. Discovery due by 11/5/2012. Dispositive Motions due by 12/17/2012. Granting 19 Motion f or More Definite Statement. Deadline for Plaintiff's more definite statement is 3/30/2012. Plaintiff response to Defendant Ball Aerospace & Technologies Corporation's Motion for Partial Dismissal 21 is 4/16/2012; Reply due 4/30/2012.(Court Reporter: FTR - Ellen E. Miller) (mjwcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Michael J. Watanabe
Civil Action No. 11-cv-03248-MSK-MJW

FTR - Courtroom A-502

Date: March 16, 2012

Courtroom Deputy, Ellen E. Miller
Counsel

Parties
ALAN C. LAMMLE,

Amy J. Simons

Plaintiff(s),
v.
BALL CORPORATION, and
BALL AEROSPACE & TECHNOLOGIES
CORPORATION,

Kelly K. Robinson
Matthew M. Morrison

Defendant(s).

COURTROOM MINUTES / MINUTE ORDER
HEARING: RULE 16(b) SCHEDULING CONFERENCE / MOTION HEARING
Court in session: 10:00 a.m.
Court calls case. Appearances of counsel.
The Court raises Defendant Ball Corporation’s Motion for a More Definite Statement for
argument.
No additional argument by defendants from those in the motion.
Argument by Ms. Simons on behalf of plaintiff.
It is ORDERED:

Defendant Ball Corporation’s MOTION FOR A MORE DEFINITE
STATEMENT [Docket No. 19, filed March 12, 2012] is GRANTED for
reasons as set forth on the record.

Plaintiff need not file a new amended complaint, but shall file Plaintiff’s More Definite Statement.
On or before MARCH 30, 2012, Plaintiff shall file his more definite statement addressing
each claim paragraph, in the Amended Complaint [Docket No. 16, filed February 16, 2012], to
state if it applies to one defendant only, and which one, or if it applies to both defendants.
Counsel shall meet and confer on any documents which plaintiff cannot clearly discern which
defendant the document belongs to.
It is ORDERED:

Plaintiff shall have up to and including APRIL 16, 2012 within which to
respond to Defendant Ball Aerospace & Technologies Corporation’s
Motion for Partial Dismissal [Docket No. 21, filed March 12, 2012].
Defendants shall have up to and including APRIL 30, 2012 within which

to file any replies.
The following will confirm the actions taken and dates set at the scheduling conference held this
date:
Joinder of Parties/Amendment to Pleadings: APRIL 30, 2012
Discussion is held regarding the serious nature of the current medical situation of the Plaintiff.
The Court determines deadlines should be extended beyond the normal time frames.
Discovery Cut-off: NOVEMBER 05, 2012
Dispositive Motions Deadline:

DECEMBER 17, 2012

Each side shall be limited to five (5) expert witnesses, including experts, without further leave of
Court.
Plaintiff shall designate experts on or before AUGUST 06, 2012
Defendants shall designate experts on or before SEPTEMBER 06, 2012
Parties shall designate rebuttal experts on or before OCTOBER 15, 2012
The disclosure of Experts shall be consistent with Fed. R. Civ. P. 26(a)2(B).
Interrogatories, Requests for Production, and Requests for Admissions shall be served on or
before OCTOBER 01, 2012
Each side shall be limited to twenty-five (25) Interrogatories, twenty-five (25) Requests for
Production, and twenty-five (25) Requests for Admissions, without leave of Court.
Each side shall be limited to ten (10) depositions. Each deposition shall be limited to one (1)
day of a maximum of seven (7) hours, absent leave of Court. Plaintiff’s deposition shall be
taken in increments if necessary. A determination shall be made if a preservation deposition
needs to be taken in addition to a discovery deposition.
All depositions, fact and expert witnesses, shall be completed no later than NOVEMBER 05,
2012
Parties shall use deposition exhibits numbered in consecutive order, not separated as Plaintiff
Exhibits or Defendant Exhibits. Parties shall not use any duplicative exhibits.
Parties are to seek private alternative dispute resolution on or before NOVEMBER 05, 2012.
Given the medical status of plaintiff, it is anticipated the parties may file a Motion requesting the
Magistrate Judge conduct a Settlement Conference. No SETTLEMENT CONFERENCE is set
at this time.

Any FINAL PRETRIAL CONFERENCE, TRIAL PREPARATION CONFERENCE, and
TRIAL will be set by the Honorable Marcia S. Krieger at a future date. The parties anticipate a
five (5) day trial to a jury.
! Parties are directed to www.cod.uscourts.gov regarding Judicial Officers’ Procedures
and shall fully comply with the procedures and Practice Standards of the judicial officer
assigned to try this case on the merits.

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Absent exceptional circumstances, no request for rescheduling any appearance in this court will
be entertained unless a written request is made five (5) business days in advance of the date of
appearance.

[X]

Scheduling Order is signed and entered with interlineations MARCH 16, 2012

Hearing concluded.
Court in recess: 10:53 a.m.
Total in-court time: 00:53

To order a transcript of this proceedings, contact Avery Wood Reports

[phone] or

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Toll Free

1-800-962-3345.