Brahma Group, Inc. v. Cargill Meat Solutions Corp.

Filing 57

SECOND AMENDED SCHEDULING ORDER granting 56 unopposed motion to extend deadlines, and expediting briefing regarding 55 motion related to the deposition of Fred Wines. Signed by Magistrate Judge James P. O'Hara on 11/16/2018. (amh)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
BRAHMA GROUP, INC.,
Plaintiff,
v.

Case No. 17-1076-JWB

CARGILL MEAT SOLUTIONS CORP.,
Defendant.
SECOND AMENDED SCHEDULING ORDER
Plaintiff has filed an unopposed motion to extend deadlines related to expert-witness
disclosures (ECF No. 56). The motion states plaintiff’s experts cannot form their opinions
for disclosure until (1) the deposition of Fred Wines is completed after the court rules a
pending motion related to the deposition (see ECF No. 55), and (2) defendant’s Dodge City
facility is inspected. The court finds that good cause has been shown for granting the
proposed extensions. Although the motion does not request the extension of other case
deadlines, resetting expert-witness deadlines necessarily affects other deadlines. Thus, the
scheduling order1 is amended as follows:
a.

Briefing related to the pending motion to extend the length of Mr. Wines’s

deposition (ECF No. 55) is expedited. Any response is due by November 21, 2018. Any
reply is due by November 28, 2018. The court will endeavor to issue a decision quickly,
such that the deposition may be scheduled for continuation before the end of the year.

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ECF No. 29, as amended by ECF No. 47.
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b.

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

retained experts, are due from plaintiff by February 4, 2019, and from defendant by
March 4, 2019. Disclosures and reports by any rebuttal experts are due by April 1, 2019.
c.

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

19, 2019.
d.

The final pretrial conference is rescheduled from March 21, 2019, to May

13, 2019, at 1:00 p.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 May 2, 2019, 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.
e.

All dispositive motions shall be filed no later than June 3, 2019.

f.

Motions challenging the admissibility of expert testimony are due by June

3, 2019.
The settings for in limine motions, proposed jury instructions, the limine
conference, and trial are vacated. Since the original scheduling order was entered, this case
was reassigned to U.S. District Judge John W. Broomes. Per Judge Broomes’s preference,
these settings will be re-set in the final pretrial order.
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All other provisions of the original and first amended scheduling orders shall remain
in effect. The schedule adopted in this second amended scheduling order shall not be
modified except by leave of court upon a showing of good cause.
IT IS SO ORDERED.
Dated November 16, 2018, at Kansas City, Kansas.
s/ James P. O’Hara
James P. O’Hara
U.S. Magistrate Judge

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