Prosser v. Nagaldinne et al

Filing 190

MEMORANDUM AND ORDER re: 189 Joint MOTION to Amend/Correct Case Management Order And Memorandam In Support Thereof filed by Plaintiff Christopher Lee Prosser Discovery Completion due by 9/14/2012., Jury Trial set for 2/11/2013 09:00 AM in Cou rtroom 12N before Honorable John A. Ross., Dispositive Motions due by 10/5/2012., Pretrial Conference set for 2/7/2013 03:00 PM in Chambers before Honorable John A. Ross. See order for furthr deadlines.. Signed by Honorable John A. Ross on 2/2/12. (LGK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

CHRISTOPHER LEE PROSSER,
Plaintiff,
vs.
DR. GOVINARARAJULU NAGALDINNE,
et al.,
Defendants.

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Case No. 4:09CV2117 JCH

MEMORANDUM AND ORDER
This matter is before the Joint Motion to Amend Case Management Order and Memorandum
in Support Thereof (ECF No. 189). Upon consideration, the Court will grant the Motion. Given the
protracted nature of this litigation, no additional extensions to the Case Management Order will be
given.
Accordingly,
IT IS HEREBY ORDERED that the September 30, 2011 Case Management Order (ECF
No. 172) is amended in accordance with the forgoing:
I.

SCHEDULING PLAN
1.

Plaintiff shall disclose all expert witnesses and shall provide the reports required by

Rule 26(a)(2), Fed.R.Civ.P., no later than May 25, 2012, and shall make expert witnesses available
for depositions, and have depositions completed, no later than June 29, 2012.
2.

Defendants shall disclose all expert witnesses and shall provide the reports required

by Rule 26(a)(2), Fed.R.Civ.P., no later than July 27, 2012, and shall make expert witnesses
available for depositions, and have depositions completed, no later than August 31, 2012.

3.

The presumptive limits of ten (10) depositions per side as set forth in Rule

30(a)(2)(A), Fed.R.Civ.P., and twenty-five (25) interrogatories per party as set forth in Rule 33(a),
Fed.R.Civ.P., shall apply.
4.

The parties shall complete all discovery in this case no later than September 14,

5.

Motions to compel shall be pursued in a diligent and timely manner.

6.

Any motions to dismiss, motions for summary judgment, motions for judgment on

2012.

the pleadings, or, if applicable, any motion to exclude testimony pursuant to Daubert v. Merrell Dow
Pharmaceuticals, Inc., 509 U.S. 579 (1993) or Kuhmo Tire Co. Ltd. v. Carmichael, 526 U.S. 137
(1999), must be filed no later than October 5, 2012. Any response shall be filed no later than
November 2, 2012. Any reply shall be filed no later than November 16, 2012.
II.

ORDER RELATING TO TRIAL
This action is set for a JURY trial on February 11, 2013, at 9:00 a.m. This is a 2 week

docket, and the parties are expected to be ready and available for trial on the first day of the docket
and thereafter on twenty-four hours notice.
In this case, unless otherwise ordered by the Court, the attorneys shall, not less than
twenty (20) days prior to the date set for trial:
1.

Stipulation: Meet and jointly prepare and file with the Clerk a JOINT Stipulation

of all uncontested facts, which may be read into evidence subject to any objections of any party set
forth in said stipulation (including a brief summary of the case which may be used on Voir Dire).
2.

Witnesses:
(a)

Deliver to opposing counsel, and to the Clerk, a list of all proposed witnesses,

identifying those witnesses who will be called to testify and those who may be called.

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(b)

Except for good cause shown, no party will be permitted to call any witnesses

not listed in compliance with this Order.
3.

Exhibits:
(a)

Mark for identification all exhibits to be offered in evidence at the trial

(Plaintiffs to use Arabic numerals and defendants to use letters, e.g., Pltf-1, Deft.-A, or Pltf Jones-1,
Deft Smith-A, if there is more than one plaintiff or defendant), and deliver to opposing counsel and
to the Clerk a list of such exhibits, identifying those that will be introduced into evidence and those
that may be introduced. The list shall clearly indicate for each business record whether the
proponent seeks to authenticate the business record by affidavit or declaration pursuant to
Fed.R.Evid. 902(11) or 902(12).
(b)

Submit said exhibits or true copies thereof, and copies of all affidavits or

declarations pursuant to Fed.R.Evid. 902(11)or 902(12), to opposing counsel for examination. Prior
to trial, the parties shall stipulate which exhibits may be introduced without objection or preliminary
identification, and shall file written objections to all other exhibits.
(c)

Except for good cause shown, no party will be permitted to offer any exhibits

not identified or not submitted by said party for examination by opposing counsel in compliance
with this Order. Any objections not made in writing by the time of the final pretrial conference may
be considered waived.
4.

Depositions, Interrogatory Answers, and Request for Admissions:
(a)

Deliver to opposing counsel and to the Clerk a list of all interrogatory answers

or parts thereof and depositions or parts thereof (identified by page and line numbers), and answers
to requests for admissions proposed to be offered in evidence. Before the time of the final pretrial
conference, opposing counsel shall state in writing any objections to such testimony and shall

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identify any additional portions of such depositions not listed by the offering party which opposing
counsel proposes to offer.
(b)

Except for good cause shown, no party will be permitted to offer any

interrogatory answer, or deposition or part thereof, or answer to a request for admissions not listed
in compliance with this Order. Any objections not made as above required may be considered
waived.
5.

Motions in Limine: Parties shall file all motions in limine to exclude evidence at

least ten (10) days before trial.
6.

Final Pretrial Conference: A final pretrial conference is set for Thursday,

February 7, 2013 at 3:00 p.m. in the chambers of the undersigned. Before the final pretrial
conference, each party shall submit to the Court and to opposing counsel her/its written request for
instructions and forms of verdicts reserving the right to submit requests for additional or modified
instructions in light of the opposing party’s requests for instructions. (Each request must be
supported by at least one pertinent citation.)
Dated this 2nd day of February, 2012.

________________________________
JOHN A. ROSS
UNITED STATES DISTRICT JUDGE

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