Neeley et al v. Wyeth LLC
Filing
223
MEMORANDUM AND ORDER - ADR Future Reference 9/16/2014., Discovery Completion due by 8/25/2014., Jury Trial set for 2/9/2015 09:00 AM before District Judge John A. Ross., Dispositive Motions due by 9/16/2014., Pretrial Conference set for 2/5/2014 01:30 PM in Chambers before District Judge John A. Ross. Signed by District Judge John A. Ross on 12/11/13. (LAH)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
DESSIE NEELEY and HARROLD NEELEY, )
)
Plaintiffs,
)
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vs.
)
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WYETH, INC., et al.,
)
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Defendants.
)
Case No. 4:11CV0325 JAR
MEMORANDUM AND ORDER
This matter is before the Court on the Joint Motion to Modify Case Management Order
(ECF No. 222). Upon consideration, the Court will grant the Motion.
Accordingly,
IT IS HEREBY ORDERED that the Case Management Order is amended in accordance
with the forgoing:
I.
SCHEDULING PLAN
1.
Plaintiffs shall disclose all expert witnesses and shall provide the reports required
by Rule 26(a)(2), Fed.R.Civ.P., no later than March 18, 2014, and shall make expert witnesses
available for depositions, and have depositions completed, no later than May 24, 2014.
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 June 11, 2014, and shall make expert witnesses
available for depositions, and have depositions completed, no later than July 25, 2014.
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 August 25, 2014.
5.
This case shall be referred to alternative dispute resolution on September 16, 2014,
and that reference shall terminate on October 30, 2014.
6.
Motions to compel shall be pursued in a diligent and timely manner.
7.
Any motions to dismiss, motions for summary judgment, motions for judgment on
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 September 16, 2014. Any response shall be filed no later
than October 16, 2014. Any reply shall be filed no later than October 27, 2014.
II.
ORDER RELATING TO TRIAL
This action is set for a JURY trial on February 9, 2015, 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.
(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 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.
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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 5, 2015 at 1:30 p.m. in the chambers of the undersigned. Before the final pretrial
conference, each party shall submit to the Court and to opposing counsel his/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 11th day of December, 2013.
________________________________
JOHN A. ROSS
UNITED STATES DISTRICT JUDGE
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