Chichila et al v. Baxter Healthcare Corporation et al

Filing 21

ORDER GRANTING 20 Joint MOTION TO EXTEND Scheduling Order Deadlines re 16 Scheduling Order, filed by Baxter International Incorporated, Baxter Healthcare Corporation., ( Discovery due by 1/31/2019 , Dispositive Motion Cut-off set for 3/4/2019, Final Pretrial Conference set for 7/15/2019 02:00 PM before District Judge Robert H. Cleland, Jury Trial set for 7/29/2019 09:00 AM before District Judge Robert H. Cleland) (see order for additional deadlines) Signed by District Judge Robert H. Cleland. (LWag)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
LAWRENCE CHICHILA and
PAMELA CHICHILA,
Plaintiffs,
vs.

No. 2:17-cv-12494-RHC-RSW

BAXTER HEALTHCARE CORPORATION,
a foreign corporation, and BAXTER
INTERNATIONAL INC., a foreign
corporation,
Defendants.
ORDER
AND NOW, on this August 2, 2018, IT IS HEREBY ORDERED THAT
the Parties’ Joint Motion for Extension of Scheduling Order Deadlines is
GRANTED.

IT IS FURTHER ORDERED THAT the February 22, 2018

Scheduling Order is modified as follows:
1. The deadline for completing (not simply scheduling) court-supervised
discovery is January 31, 2019 and the Fact Discovery deadline is
December 14, 2018.
2. Each party must deliver a final witness list, to the opposing party and file
a copy with the Court on or before January 17, 2019.

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3. The report of a proposed expert witness for Plaintiffs must be provided to
opposing counsel not later than fifty-six days (eight weeks) before the
end of discovery. Plaintiffs’ expert must be available and prepared for
deposition within fourteen days after the expert report is provided (i.e., not
later than six weeks before the end of discovery).
4. The report of any proposed expert witness for Defendants must be provided
to opposing counsel not later than twenty-eight days (four weeks) before
the end of discovery. Defendants’ expert must be available and prepared
for deposition within fourteen days after the date the expert report is
provided (i.e., not later than two weeks before the end of discovery).
5. The deadline for filing pretrial motions requiring extensive briefing and
consideration (including motions under Rule 56 and those challenging a
purported expert under Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579
(1993)) is March 4, 2019.
6. Motions in limine must be filed on or before July 8, 2019.
7. Plaintiff’s counsel shall lodge with the Judge’s Chambers a unified set of
stipulated proposed jury instructions no later than July 8, 2019.
8. Plaintiff’s counsel must submit a proposed joint final pretrial order pursuant
to Local Rule 16.2 to Chambers on July 8, 2019.

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9. The Court will conduct a Final Pretrial and Settlement Conference under the
provisions of Fed. R. Civ. P. 16(d) on July 15, 2019, at 2:00 p.m.
10. This case is assigned for trial on July 29, 2019 at 9:00 am.
11. Counsel for Plaintiffs is ordered by July 8, 2019:
a. To file a list of exhibits, the admissibility of which is stipulated to by
both parties, and a list of the depositions similarly stipulated to, and
b. To lodge with judge’s chambers an electronic copy of the exhibits.
12. Counsel for Plaintiffs and for Defendants each are ordered by July 8, 2019
to file:
a. A trial brief, and
b. A list of that party’s proposed exhibits, the admissibility of which has
been objected by the opposing party, and the reason (supplied by
opposing counsel) for the objection, and
c. Proposed findings of fact and proposed conclusions of law if there are
any issues to be decided by the Court alone.
13. The other requirements set forth in the Court’s February 22, 2018
Scheduling Order (ECF No. 16) remain in effect

S/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE

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Dated: August 2, 2018

I hereby certify that a copy of the foregoing document was mailed to counsel of
record and/or pro se parties on this date, August 2, 2018, by electronic and/or
ordinary mail.

S/Lisa Wagner
Case Manager and Deputy Clerk
[phone]

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