Fletcher v. Tomlinson et al

Filing 113

MEMORANDUM AND ORDER...IT IS HEREBY ORDERED that Plaintiff's Motion to Amend the Case Management Order (ECF No. 112 ) is GRANTED, in part and the following schedule shall apply in this case, and will be modified only upon a showing of excepti onal circumstances: See Order for Complete Details. (Discovery Completion due by 1/11/2016. Jury Trial set for 6/20/2016 09:00 AM in Courtroom 12S before District Judge Ronnie L. White. Dispositive Motions due by 1/22/2016. Non-Dispositive Motions due by 1/15/2016. Motion in Limine due by 6/10/2016. Pretrial Compliance due by 5/31/2016.) Signed by District Judge Ronnie L. White on 11/24/2015. (NEB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
CALVIN FLETCHER,

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Plaintiff,
vs.
JOSEPH TOMLINSON, et al.,
Defendants.

Case No. 4:14-CV-999-RLW

MEMORANDUM AND ORDER

This matter is before the Court on Plaintiff's Motion to Amend the Case Management
Order (ECF No. 112). The Court finds that a short extension of the discovery deadlines is
warranted. The Court, however, is not convinced that extensions of the other deadlines in this
case are required, particularly since Plaintiff has not yet filed a motion for leave to amend his
Complaint. Further, Plaintiff has not identified why he needs to file a supplemental expert
opinion. The Court will revisit these other issues once it is determined whether Plaintiff will be
permitted to file an amended complaint. Likewise, the Court will address the need for additional
depositions after Plaintiff has identified a specific need for each deposition.
Accordingly,
IT IS HEREBY ORDERED that Plaintiff's Motion to Amend the Case Management

Order (ECF No. 112) is GRANTED, in part and the following schedule shall apply in this case,
and will be modified only upon a showing of exceptional circumstances:
I.

SCHEDULING PLAN

1.

Disclosure shall proceed in the following manner:

(a)

Defendants shall make expert witnesses available for depositions, and have

depositions completed, no later than December 16, 2015.
(b)

The parties shall disclose all rebuttal expert witnesses and shall provide the

reports required by Rule 26(a)(2), Fed.R.Civ.P., no later than December 10, 2015, and shall make
expert witnesses available for depositions, and have depositions completed, no later than January
11, 2016.
(c)

The parties shall complete all discovery in this case no later than January

(d)

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

11, 2016.

no event filed more than eleven (11) days.
2.

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 January 15, 2016. Any response shall be filed no later
than February 15, 2016. Any reply shall be filed no later than February 29, 2016. Courtesy

copies (including exhibits) of all motions for summary judgment and motions under
Daubert shall be submitted to chambers either by mail or hand-delivery.

II.

ORDER RELATING TO TRIAL

This action is set for a JURY trial on June 20, 2016, at 9:00 a.m. This is a~ 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 opposmg 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-I , 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(1 l)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 at least ten (10) days prior to trial
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. At least ten (10) days
before trial, 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.
5.

Instructions: Submit to the Court and to opposing counsel their written request for

instructions and forms of verdicts reserving the right to submit requests for additional or modified
instructions at least ten (10) days before trial in light of opposing party' s requests for instructions.
(Each request must be supported by at least one pertinent citation.). The parties shall email a
copy of the instructions to the clerk at:
MOEDml_ Team_AGF_ RL [e-mail]
6.

Trial Brief: Submit to the Court and to opposing counsel a trial brief stating the

legal and factual issues and authorities relied on and discussing any anticipated substantive or
procedural problems.
7.

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

and submit a courtesy copy directly to the Court's chambers, at least ten (10) days before the
trial conference.
Failure to comply with any part of this Order may result in the imposition of sanctions.

Dated this 24th day ofNovember, 2015.

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RONNIE L. WHITE
UNITED STATES DISTRICT JUDGE