Van Atta v. General Mills, Inc.

Filing 63

ORDER granting 61 Joint Motion to Amend the Scheduling Order. Scheduling Order 30 is amended. Discovery due by 11/18/2014. Dispositive Motions due by 11/4/2014. Class Certification Motion due 9/18/2014. By Magistrate Judge Michael J. Watanabe on 6/2/2014.(emill)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-02815-MSK-MJW
NICOLE VAN ATTA,
Plaintiff,
v.
GENERAL MILLS, INC.,
Defendant.
ORDER AMENDING CIVIL SCHEDULING ORDER

It is hereby ORDERED that the Joint Motion to Amend the Scheduling Order
(Docket No. 61) is GRANTED. Section 9 of the Civil Scheduling Order (Docket No. 30)
is amended as follows:
9. CASE PLAN AND SCHEDULE
a.

Deadline for Joinder of Parties and Amendment of Pleadings:

March 6, 2013
b.

Discovery Cut-off:

November 18, 2014
c.

Dispositive Motion Deadline:

The parties agree to the following briefing schedules for dispositive motions and
motions for class certification:
Dispositive Motion Briefing:
Dispositive Motion Deadline: November 4, 2014

Response due: December 2, 2014
Reply due: December 16, 2014
Class Certification Briefing:
Class Certification Motion Deadline: September 18, 2014
Response due: October 16, 2014
Reply due: October 30, 2014
If a party relies on expert testimony in its class certification briefing, then the
opposing party may file a Daubert or Fed. R. Evid. 702 motion challenging such expert
testimony within 30 days after the filing of the brief containing such expert testimony.
The parties agree that any Daubert or Rule 702 challenges shall be presented such
that they may be resolved prior to resolution of any motion for class certification. Any
Daubert or Rule 702 motion shall comply with Chief Judge Krieger’s Procedures for
Rule 702 Motions.
d.

Expert Witness Disclosure
1.

The parties shall identify anticipated fields of expert testimony, if
any.

Plaintiff anticipates expert testimony in the following fields:
Defendant anticipates potential expert testimony in the following fields:
marketing (including but not limited to consumer behavior issues, customer purchase
behavior, branding); food labeling; food pricing; food science; science, safety, and
benefits of genetically-modified organisms; and economic issues (including but not
limited to damages computation and analysis).
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2.

Limitations which the parties propose on the use or number
of expert witnesses.

5 experts per side without leave of court.
3.

Plaintiff shall designate all experts and provide opposing
counsel and any pro se parties with the following
information on or before June 24, 2014: identity of the
witness, the subject matter on which the witness is
expected to present evidence, and a summary of the
facts and opinions to which the witness is expected to
testify. Any written report required by Rule 26(a)(2)(B)
shall be due on or before August 19, 2014.

4.

Defendant shall designate all experts and provide
opposing counsel and any pro se parties with the following
information on or before July 22, 2014: identity of the
witness, the subject matter on which the witness is
expected to present evidence, and a summary of the facts
and opinions to which the witness is expected to testify.
Any written report required by Rule 26(a)(2)(B) shall be
due on or before September 16, 2014.

Notwithstanding the provisions of Fed. R. Civ. P. 26(a)(2)(B), no exception to the
requirements of the Rule will be allowed by stipulation unless the stipulation is in writing and
approved by the court. In addition to the requirements set forth in Rule 26(a)(2)(B)(I)-(vi), the
expert’s written report also must identify the principles and methods on which the expert relied
in support of his/her opinions and describe how the expert applied those principles and
methods reliably to the facts of the case relevant to the opinions set forth in the written report.
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e.

Identification of Persons to Be Deposed:

Name of Deponent
Nicole Van Atta

Date of Deposition
TBD

Any party added by Plaintiff

TBD

Any expert(s) disclosed by
Plaintiff

TBD

Time of
Deposition
9:00 am MTN
time
9:00 am MTN
time
9:00 am local
time

Expected
Length of
Deposition
1 day
1 day
1 day

General Mills reserves its right to take additional depositions.
f.

Deadline for Interrogatories:

August 28, 2014
g.

Deadline for Requests for Production of Documents and/or Admissions:

August 28, 2014
The remainder of the Civil Scheduling Order (Docket No. 30) entered on
February 13, 2013, shall remain in effect.

Date: June 2, 2014
Denver, Colorado

s/ Michael J. Watanabe
Michael J. Watanabe
United States Magistrate Judge

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