Miller et al v. Target

Filing 60

Judge Indira Talwani: ORDER entered granting in part and denying in part 59 Motion for Disclosure; granting in part and denying in part 59 Motion for Extension of Time. See attached Order. (MacDonald, Gail) (Main Document 60 replaced on 6/7/2016) (DaSilva, Carolina).

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
KIMBERLY MILLER and BRIAN
MILLER,
Plaintiffs,
v.
TARGET CORPORATION,
Defendant.

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Civil Action No. 1:15-cv-10721-IT

ORDER
June 7, 2016
TALWANI, D.J.
Plaintiff’s Motion to Extend Expert Disclosure Deadline and Allow the Deposition of
Marissa Dennis Outside of the Discovery Deadline [#59] is ALLOWED IN PART and DENIED
IN PART. Under the court’s Revised Scheduling Order [#34], depositions of fact witnesses were
to be completed no later than April 15, 2016; further cooperative written discovery was
permitted, but otherwise, written discovery was closed; Plaintiffs’ trial experts were due to be
designated no later than May 16, 2016; and Defendant’s trial experts were due to be designated
no later than June 30, 2016. The parties failed to timely request any extension of this schedule,
and instead, apparently extended depositions without leave of court. Because the court permitted
Defendant to take the deposition of Rebecca Howard, see Order [#58], and allowed the medical
examination of Plaintiff to proceed despite the close of fact discovery, see Electronic Order
[#57], the court will likewise allow Plaintiff’s motion to permit the deposition of Marissa Dennis
to take place today as apparently agreed to by the parties. The court does not anticipate any
further reopening of fact discovery. The parties shall jointly propose an amended schedule for

expert designations and disclosures that allow for completion of expert discovery by September
1, 2016.
IT IS SO ORDERED.
Date: June 7, 2016

/s/ Indira Talwani
United States District Judge

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