Cooper et al v. Meritor, Inc. et al

Filing 457

ORDER Setting New CMO Deadlines. Signed by Magistrate Judge Jane M. Virden on 12/8/17. Associated Cases: 4:16-cv-00052-DMB-JMV, 4:16-cv-00053-DMB-JMV, 4:16-cv-00054-DMB-JMV, 4:16-cv-00055-DMB-JMV, 4:16-cv-00056-DMB-JMV (ncb)

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION
BRENDA J. COOPER, ET AL.
versus
MERITOR, INC., ET AL.

PLAINTIFFS
Civil Action No. 4:16-cv-52-DMB-JMV
DEFENDANTS
- Consolidated With –

JOE E. SLEDGE, ET AL.
versus
MERITOR, INC., ET AL.

PLAINTIFFS
Civil Action No. 4:16-cv-53-DMB- JMV
DEFENDANTS

- and KATHERINE LONGSTREET COOKE, ET AL.
PLAINTIFFS
versus
Civil Action No. 4:16-cv-54-DMB-JMV
MERITOR, INC., ET AL.
DEFENDANTS
SRA INVESTMENTS, LLC, ET AL.
versus
MERITOR, INC., ET AL.

- and PLAINTIFFS
Civil Action No. 4:16-cv-55-DMB-JMV
DEFENDANTS

FELICIA WILLIS, ET AL.
versus
MERITOR, INC., ET AL.

- and PLAINTIFFS
Civil Action No. 4:16-cv-56-DMB-JMV
DEFENDANTS

ORDER
Consistent with findings made by the Court during a telephonic status conference held today
in these consolidated cases, in view of the Court’s conditional grant of a trial continuance in the lead
case until October 9, 2018, the following deadlines now control:
The T&M production will be completed on or before January 12, 2018 (5:00 PM), at which
time a final privilege log will be provided as relates to the T&M documents. Plaintiffs will have until
February 1, 2018, to file any motion to compel as relates to the T&M documents claimed to be
privileged; defendants will have fifteen (15) days to respond; and Plaintiffs will have six (6) days to
reply--such that briefing of the motion to compel will be complete by 5:00 PM on February 22, 2018.

Next, the parties will immediately set the 30(b)(6) depositions of Defendant(s), previously
agreed to, for the first week of April 2018. Provided, however, that defense counsel shall have until
5:00 PM Monday, December 11, 2017, to notify the Court that such scheduling is not possible and of
the relevant circumstances.
Within the next seven (7) days, the parties will meet and confer to discuss the following
issues: the necessity for the "Peeples deposition"; its subject matter and scheduling; a third-party
subpoena on the issues related to the Peeples deposition; which documents presently reflected on the
preliminary privilege log Plaintiffs contend should be produced for use at the Peeples deposition;
what Defendants' final privilege objections to those documents are; and, finally, the scheduling of
Plaintiff Phillips’s deposition.
If the parties are unable to resolve any of these issues during the meet-and-confer, Plaintiffs
and/or Defendants, respectively, shall have fourteen (14) days from today to move to compel the
discovery sought, and responses to such motion(s) shall be filed within seven (7) days thereafter.
The Court has reminded the parties that though the discovery deadline has been extended,
discovery other than that the parties discussed, and at least tentatively planned for prior to the
expiration of the prior discovery deadline, is not permitted absent agreement of the parties or a court
order. A motion for such court order must demonstrate that the discovery sought is necessitated
solely by the production of T&M documents at a time when it was not feasible under the prior
discovery deadline to accomplish such discovery. Presently, the only discovery permitted is the
completion of the T&M document production and the 30(b)(6) deposition(s).
The discovery deadline is extended to April 9, 2018, and the dispositive and Daubert
motions deadline for the lead case is extended to May 9, 2018. No further extensions will be made
in light of the trial date of October 9, 2018.

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Counsel are reminded of the local rules governing the filing of challenges to the adequacy of
expert disclosures and for filing discovery motions; and, that absent an order of the District Judge,
responses to dispositive and Daubert motions are due within fourteen (14) days of the filing of the
motion(s).
Finally, counsel must keep in mind that per the District Judge’s December 6, 2017, Order, the
new trial date, October 9, 2018, is good so long as the parties complete their promised mediation by
January 31, 2018, and provide proof of the same no later than February 7, 2018.
SO ORDERED this 8th day of December, 2017.

/s/ Jane M. Virden
U. S. Magistrate Judge

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