Miskel v. Beelman River Terminals, Inc. et al

Filing 62

ORDER DENYING 58 MOTION to Exclude Expert Witness Testimony of J Stephen Dolan filed by SCF Lewis and Clark Fleeting LLC, GRANTING 59 MOTION for Joinder Motion to Join in the Motion of Co-Defendant SCF Lewis & Clark Fleeting, LL C, to Exclude Expert Witness Testimony of J. Stephen Dolan filed by Beelman River Terminals, Inc., GRANTING 61 MOTION for Discovery (Revise Deadline for Filing Dispositive Motions) filed by SCF Lewis and Clark Fleeting LLC. ( Disc overy due by 1/22/2016, Dispositive Motions due by 2/5/2016, Final Pretrial Conference RESET for 4/27/2016 at 1:30 PM in Benton Courthouse before Judge Staci M. Yandle. Bench Trial RESET for 5/16/2016 at 9:00 AM in Benton Courthouse before Judge Staci M. Yandle. Signed by Magistrate Judge Donald G. Wilkerson on 10/6/15. (sgp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
)
)
)
Plaintiff,
)
)
v.
)
BEELMAN RIVER TERMINALS, INC., SCF)
LEWIS & CLARK MARINE, INC., M/V)
KATIE MAURINE, and SCF LEWIS AND)
)
CLARK FLEETING LLC,
)
)
Defendants.
ANTHONY R. MISKEL,

Case No. 3:14-cv-338-SMY-DGW

ORDER
WILKERSON, Magistrate Judge:
Now pending before the Court are the Motion to Exclude Expert filed by Defendant SCF
Lewis and Clark Fleeing, LLC, on September 18, 2015 (Doc. 58), the Motion for Joinder filed by
Defendant Beelman River Terminals, Inc., on September 28, 2015 (Doc. 59), and the Motion for
Extension of Time filed by Defendants on October 2, 2015 (Doc. 61). The Motion to Exclude is
DENIED, the Motion for Joinder is GRANTED, and the Motion for Extension of Time is
GRANTED.
Defendants filed a Motion pursuant to Federal Rule of Civil Procedure 37 without
attaching a certification that they have conferred in good faith prior to filing the motion, as
required by Rule 37(a)(1). Plaintiff, on the other hand offers no convincing reason why he
provided an untimely expert disclosure. In any event, because the parties agree on an extension of
the deadlines and in order to move these proceedings along, the following schedule shall be
followed in this matter:
1.

Plaintiff shall disclose experts and produce expert reports by September 14,
2015.
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2.

Defendants shall disclose experts and produce expert reports by November
23, 2015.

3.

Plaintiff’s experts shall be deposed by October 30, 2015

4.

Defendant’s experts shall be deposed by December 18, 2015.

5.

Rebuttal experts shall be disclosed and reports produced by January 8,
2016.

6.

Rebuttal experts shall be deposed by January 22, 2016.

7.

All discovery shall be completed by January 22, 2016.

8.

The Dispositive Motion/Daubert Motion filing Deadline is RESET to
February 5, 2016.

9.

The Final Pretrial Conference is RESET to April 27, 2016 at 1:30 p.m.

10.

The Bench Trial is RESET to May 16, 2016 at 9:00 a.m.

The Court notes that these motions would have been obviated if the parties had conferred and
contacted chambers for an informal conference. No further extensions of time will be granted
except for extraordinary circumstances.
IT IS SO ORDERED.
DATED: October 6, 2015

DONALD G. WILKERSON
United States Magistrate Judge

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