Houston Specialty Insurance Company v. Freightz Transportation, Inc. et al

Filing 41

SCHEDULING ORDER(Including Pretrial Conference and Trial Dates): In accordance with FRCP 16(b), the following discovery deadlines are established. Amended Pleadings due by 10/19/2015. F.R.C.P. 26(a)(1) disclosures due by 10/2/2015. Discovery due by 3/18/2016. Plaintiff`s Expert Witness List due by 2/18/2016. Defendant`s Expert Witness List due by 3/18/2016. Plaintiff`s Expert Reports due by 2/18/2016. Defendant`s Expert Reports due by 3/18/2016. Discovery from Experts due by 4/18/2016. Dispositive and Daubert Motions shall be filed by 5/2/2016. Proposed Pretrial Order due by 9/2/2016. Pretrial Conference set for 9/15/2016 at 03:30 PM in chambers before Chief Judge Brian A. Jackson. Motions In Limine shall be f iled by 9/23/2016. Responses to Motions In Limine shall be filed by 10/14/2016. Affidavit of Settlement Efforts due by 10/28/2016. Joint jury instructions, voir dire, verdict forms, and trial briefs due by 11/25/2016. Jury Trial set for 1/23/2017 - 1/24/2017 at 08:30 AM in Courtroom 2 before Chief Judge Brian A. Jackson. The scheduling conference set for 9/18/2015 is canceled. Signed by Magistrate Judge Stephen C. Riedlinger on 9/11/2015. (LLH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

HOUSTON SPECIALTY INSURANCE
COMPANY, AS SUBROGEE FOR MARQUIS
MEDICAL, L.L.C.

CIVIL ACTION
NUMBER 14-576-BAJ-SCR

VERSUS
FREIGHTZ TRANSPORTATION, INC.,
ET AL
SCHEDULING ORDER
(INCLUDING PRETRIAL CONFERENCE AND TRIAL DATES)
Considering the information in the Joint Rule 26(f) Status
Report,1 the following scheduling order is entered pursuant to Rule
16, Fed.R.Civ.P.
A.

All fact discovery shall be completed, and motions to
compel fact discovery shall be filed, March 18, 2016.

B.

The parties shall make the initial disclosures required
by Rule 26(a)(1), Fed.R.Civ.P., by October 2, 2015.

C.

Motions to amend the pleadings to add new parties or
claims shall be filed by October 19, 2015.

D.

Plaintiff shall make the disclosure of persons who may be
used at trial to present evidence under Rules 702, 703 or
705, Fed.R.Evid., by February 18, 2016. Defendants shall
disclose such persons by March 18, 2016.

E.

Any person who will offer expert testimony for the
plaintiff who is required by Rule 26(a)(2)(B),
Fed.R.Civ.P., to produce a report shall produce such
report by February 18, 2016. Defendants shall produce
any required expert reports by March 18, 2016.

F.

Expert discovery, including depositions of expert
witnesses, shall be completed by April 18, 2016.

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JURY

Record document number 40.

G.

Dispositive motions and Daubert motions shall be filed by
May 2, 2016.

H.

The parties shall file the final pretrial order by
September 2 , 2016. (Refer to the court’s website for the
district judge’s pretrial order form.)2

I.

The final pretrial conference is set for September 15,
2016 at 3:30 p.m., in the chambers of the district judge.

J.

Motions in limine shall be filed by September 23, 2016.
Response to motions in limine shall be filed by October
14, 2016.

K.

The parties shall file an affidavit describing their
settlement efforts by October 28, 2016.

L.

Proposed voir dire questions, jury charges, jury
interrogatories (verdict form), and trial briefs shall be
filed by November 25, 2016.

M.

The case is assigned for a jury trial on January 23 - 24,
2017, at 8:30 a.m. in Courtroom 2.

The time limits set forth in this order shall not be modified
except by leave of court upon a showing of good cause.

Joint,

agreed or unopposed motions to extend scheduling order deadlines
will

not

be

granted

automatically.

All

motions

to

extend

scheduling order deadlines must be supported by facts sufficient to
find good cause as required by Rule 16, Fed.R.Civ.P.

A second and

any subsequent motion to extend the scheduling order deadlines must
be supported with detailed information describing the discovery
already completed, what necessary discovery remains, the parties
efforts to complete the remaining discovery by the deadline, and

2

The instructions can be found on the court’s internet
website at http://www.lamd.uscourts.gov/case-related-forms. Strict
compliance with these instructions will be required.
2

any additional information showing that the parties have diligently
pursued

their

discovery.

Motions

for

reconsideration

by

the

magistrate judge of rulings granting or denying extensions of
scheduling order deadlines will be considered as motions under
either Rule 59 or Rule 60, Fed.R.Civ.P., depending on when the
motion for reconsideration is filed. See Lavespere v. Niagra
Machine Tool Works, 910 F.2d 167 (5th Cir. 1990), cert. denied, 510
U.S. 859, 114 S.Ct. 171 (1993).
Motions to extend or otherwise change the deadlines in items
H - M (pretrial order, pretrial conference, motions in limine,
settlement

affidavit,

voir

dire

questions/jury

charges/jury

interrogatories (verdict form)/trial briefs, and trial date) shall
be directed to the district judge.
Additionally, counsel are to confer promptly to discuss a
rational commercial solution to this litigation. Within 15 days of
expiration of the discovery deadline in "A" above, plaintiff is to
convey to defendant an offer of settlement or inform defendant that
no settlement is possible.

Defendant is to respond within 15 days

from receipt of such offer.
IT IS FURTHER ORDERED that the scheduling conference set for
September 18, 2015 is canceled.
Baton Rouge, Louisiana, September 11, 2015.

STEPHEN C. RIEDLINGER
UNITED STATES MAGISTRATE JUDGE

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