Triplett v. State Farm Mutual Automobile Insurance Company

Filing 37

SCHEDULING ORDER. ( Final Pretrial Conference set for 3/10/2009 02:00 PM before District Judge Avern Cohn) Signed by District Judge Avern Cohn. (JOwe)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MARCUS BERNARD TRIPLETT, Plaintiff, -vsSTATE FARM MUTUAL AUTOMOTIVE INSURANCE COMPANY, a foreign corporation, Defendant. ________________________________________/ SCHEDULING ORDER This case involves a claim for no-fault benefits including, but not limited to, attendant care arising out of an automobile accident on July 18, 2004. The case was filed in the Wayne County Circuit Court on August 13, 2007, and removed to this Court on November 13, 2007, on grounds of diversity. It is an unexceptional case in that a number of like cases have either been adjudicated or are pending in this District. Notwithstanding, discovery has been contentious; there is little cooperation between the parties resolving discovery differences to enable the case to go to trial. By agreement of the parties and with the reluctant approval of the Court, trial is now scheduled to begin on Monday, June 08, 2009. On October 29, 2008, the Court held a motion hearing on a dispute regarding a deposition and on pending motions as follows: Case No. 07-14861 Hon: AVERN COHN

-

Plaintiff's Objections to and Motions to Strike the "Discovery Only" Depositions of Dr. Paul Dougherty, Gerald Shiener, M.D. and Renee 1

LaPointe. Plaintiff's Motion for Protective Order Seeking Adjournment of the Deposition of Paul Dougherty

In anticipation of the hearing, the Court reviewed the file history and came to the conclusion that the discovery process has been so abused as to call an end to it, except as stated in this order. Accordingly: A. B. Discovery is formally closed. The Motion to Strike the "Discovery Only" [etc] is GRANTED. The depositions

may be used for any purposes provided by the rules. C. The Motion for Protective Order [etc] is DENIED. There are multiple lawyers

in the firm representing plaintiff who may cover the deposition. D. The Court will not require a final joint pretrial statement. Ten (10) days prior

to the final pretrial conference scheduled for Tuesday, March 10, 2009, at 2:00 pm, each party shall file: 1. A list of the witnesses to be called at trial. Care shall be taken

to assure a realistic list. 2. A numbered list of the exhibits to be introduced at trial, together

with a copy of each exhibit. Car shall be taken to assure a realistic list. 3. Plaintiff's proposed instructions on the law of the case, together

with a proposed verdict form. 4. A detailed description by plaintiff of the damages claimed in

appropriate categories. E. At the final pretrial conference the Court will consider a request to depose 2

listed witnesses who have not previously been deposed. Nothing in this order prevents the parties mutually agreeing on additional discovery. SO ORDERED.

s/Avern Cohn AVERN COHN UNITED STATES DISTRICT JUDGE Dated: October 30, 2008 I hereby certify that a copy of the foregoing document was mailed to the attorneys of record on this date, October 30, 2008, by electronic and/or ordinary mail. s/Julie Owens Case Manager, [phone]

3