Transam Trucking, Inc. v. The Federal Motor Carrier Safety Administration

Filing 39

AMENDED SCHEDULING ORDER and ORDER granting 38 motion to amend scheduling order. Discovery deadline 4/14/2017. Dispositive motion deadline 5/12/2017. Proposed Pretrial Order due by 4/21/2017. Final Pretrial Conference set for 5/1/2017 at 10:00 AM in KC Courtroom 223 (JPO) before Magistrate Judge James P. O'Hara. Signed by Magistrate Judge James P. O'Hara on 1/3/2017. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ah)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

TRANSAM TRUCKING, INC.,
Plaintiff,
v.

Case No. 14-2015-CM

THE FEDERAL MOTOR CARRIER
SAFETY ADMINISTRATION,
Defendant.

AMENDED SCHEDULING ORDER
The parties have filed a joint motion (ECF No. 38) to amend the scheduling order
filed on August 18, 2016 (ECF No. 31). Although the parties seek more than a two-month
extension of all remaining deadlines, they specifically note that they do not seek to modify
the December 4, 2017 trial setting. The trial setting, however, is tied to the dispositive
motion and Daubert deadlines, i.e., the court must schedule enough time for such motions
to be fully briefed and decided prior to trial. Thus, although the court finds good cause to
grant the motion and amend the scheduling order, the extensions granted are shorter than
requested to keep the December 4, 2017 trial setting. The scheduling order is amended as
follows:
a.

All discovery shall be commenced or served in time to be completed by

April 14, 2017.
b.

Disclosures required by Fed. R. Civ. P. 26(a)(2), including reports from

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retained experts, are due from plaintiff by February 16, 2017. Disclosures and reports by
any rebuttal experts are due by March 16, 2017.
c.

The final pretrial conference is rescheduled from March 20, 2017, to May 1,

2017, at 10:00 a.m., in the U.S. Courthouse, Room 223, 500 State Avenue, Kansas City,
Kansas. Unless otherwise notified, the undersigned magistrate judge will conduct the
conference. No later than April 21, 2017, defendant shall submit the parties= proposed
pretrial

order

as

an

attachment

to

an

e-mail

directed

to

[e-mail]. It shall be in the form available on the court=s
website (www.ksd.uscourts.gov), and the parties shall affix their signatures according to
the procedures governing multiple signatures set forth in paragraphs II(C)(2)(a) & (b) of
the Administrative Procedures for Filing, Signing, and Verifying Pleadings and Papers by
Electronic Means in Civil Cases.
d.

The deadline for filing dispositive motions and motions challenging

admissibility of expert testimony is May 12, 2017.
e.

The case shall remain set for trial on a trial calendar that will begin on

December 4, 2017. The trial setting may be changed only by order of the judge presiding
over the trial.
All other provisions of the original scheduling order shall remain in effect. The
schedule adopted in this amended scheduling order shall not be modified except by leave
of court upon a showing of good cause.
IT IS SO ORDERED.
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Dated January 3, 2017, at Kansas City, Kansas.

s/ James P. O=Hara
James P. O=Hara
U.S. Magistrate Judge

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