CSX Transportation, Inc. v. United States of America

Filing 24

Ordered that the Court grants the requested stay of expert discovery. Upon the issuance of a ruling on defendant's motion to dismiss, the parties shall have seven days to inform the Court of the need of any additional expert-related discovery. Signed by Magistrate Judge G. R. Smith on 5/6/2014. (loh)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
CSX TRANSPORTATION, INC.,
Plaintiffs,
Case No. CV413-208

V.

UNITED STATES OF AMERICA,
Defendant.

ORDER
In their Fed. R. Civ. P. 26(f) report, the parties seek to delay
expert discovery until after the Court has issued a ruling on defendant's
motion to dismiss. (Doc. 19 at 3; doc. 17 (motion to dismiss).) They
state that they have postponed deposing expert witnesses because such
discovery would be superfluous if the Court finds that the action can
proceed only under contract principles rather than in tort. (Doc. 19 at
3.)
As expert depositions may prove to be an unnecessary expense in
this litigation, the Court grants the requested stay of expert discovery.
Upon the issuance of a ruling on defendant's motion to dismiss, the

parties shall have seven days to inform the Court of the need for any
additional expert-related discovery. If expert discovery is needed, the
parties shall accompany the notice with a proposed scheduling order
setting forth the last day for discovery and for filing civil motions. If no
such additional discovery is needed, the civil motions deadline will be
30 days from the issuance of the order on defendant's motion to dismiss.

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SO ORDERED this day of May, 2014.

UNF(ED STAES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA

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