Johnson v. David
Filing
61
ORDER granting 52 Motion to Dismiss case without prejudice. Signed by Magistrate Judge Stephen C. Williams on 5/2/14. (amv)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
MATTHEW JOHNSON, et al.,
Plaintiffs,
vs.
DR. ALFONSO DAVID,
Defendant.
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Case No. 12-1038-SCW
ORDER
THIS MATTER comes before the Court on Plaintiffs’ Motion to Dismiss Without
Prejudice; and the Court being fully advised in the premises,
IT IS ORDERED that Plaintiffs’ Motion to Dismiss Without Prejudice be, and the
same is, hereby granted, with the following conditions Pursuant to Federal Rule of Civil
Procedure 41(a)(2):
1. Any re-filed action must be filed in the United States District Court for the
Southern District of Illinois, under Case No. 12-1038;
2. Any re-filed action must be filed on or before May 2, 2015;
3. The deadlines set forth in the scheduling order dated 12/11/2013, Docket No.
50, shall govern any re-filed action, with adjustments for dates only;
4. The Parties shall be entitled to use the discovery conducted to date in any
re-filed action, including expert discovery; and
5. If permission to withdraw Dr. Barbara Bellar as an expert witness is granted in
any re-filed action, Plaintiff(s) shall pay to Defendant the costs and reasonable attorney's
fees associated with any and all expert discovery work, including but not limited to
preparing for and taking the deposition Dr. Barbara Bellar, in the amount of $12,465 (the
"expert fee"). Payment shall be made to Defendant before Plaintiff(s) in any re-filed
action can identify a new expert witness. No matter how many Plaintiff(s) join any
re-filed action, Plaintiff(s) as a group shall not be entitled to identify more than one (1)
expert witness if Dr. Barbara Bellar is withdrawn. The expert fee shall be allocated on a
pro rata basis among the Plaintiff(s) named in any re-filed action.
Dated: May 2, 2014
__s//Stephen C. Williams
STEPHEN C. WILLIAMS
UNITED STATES MAGISTRATE JUDGE
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