Fletcher v. Tomlinson et al
MEMORANDUM AND ORDER... IT IS HEREBY ORDERED that Plaintiffs Motion to Modify the Scheduling Order (ECF No. 64 ) is GRANTED, in part, and the following schedule shall apply in this case, and will be modified only upon a showing of exceptional cir cumstances: (SEE ORDER FOR COMPLETE DETAILS)( ADR Future Reference 5/15/2015., Discovery Completion due by 7/20/2015., Jury Trial set for 11/16/2015 09:00 AM before District Judge Ronnie L. White., Dispositive Motions due by 7/30/2015., Motion in Limine due by 11/6/2015., Pretrial Compliance due by 10/27/2015.). Signed by District Judge Ronnie L. White on 3/3/2015. (NEB)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
JOSEPH TOMLINSON, et al.,
Case No. 4:14-CV-999-RLW
MEMORANDUM AND ORDER
This matter is before the Court on Plaintiff’s Motion to Modify the Scheduling Order (ECF
For good cause shown,
IT IS HEREBY ORDERED that Plaintiff’s Motion to Modify the Scheduling Order
(ECF No. 64) is GRANTED, in part, and the following schedule shall apply in this case, and will
be modified only upon a showing of exceptional circumstances:
Disclosure shall proceed in the following manner:
Plaintiff shall disclose all expert witnesses and shall provide the reports
required by Rule 26(a)(2), Fed.R.Civ.P., no later than April 2, 2015, and shall make expert
witnesses available for depositions, and have depositions completed, no later than April 27, 2015.
Defendants shall disclose all expert witnesses and shall provide the reports
required by Rule 26(a)(2), Fed.R.Civ.P., no later than May 20, 2015, and shall make expert
witnesses available for depositions, and have depositions completed, no later than June 8, 2015.
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 June 26, 2015, and shall make
expert witnesses available for depositions, and have depositions completed, no later than July 20,
Requests for physical or mental examinations of parties pursuant to Rule
35, Fed.R.Civ.P., must be made no later than June 4, 2015, and any exam must be completed by
July 20, 2015.
The parties shall complete all discovery in this case no later than July 20,
Motions to compel shall be pursued in a diligent and timely manner, but in
no event filed more than eleven (11) days.
This case shall be referred to alternative dispute resolution on May 15, 2015, and
that reference shall terminate on July 1, 2015.
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 July 30, 2015. Any response shall be filed no later than
August 30, 2015. Any reply shall be filed no later than September 15, 2015. 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.
ORDER RELATING TO TRIAL
This action is set for a JURY trial on November 16, 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:
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).
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.
Except for good cause shown, no party will be permitted to call any
witnesses not listed in compliance with this Order.
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).
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.
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.
Depositions, Interrogatory Answers, and Request for Admissions:
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.
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
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:
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
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
Failure to comply with any part of this Order may result in the imposition of sanctions.
Dated this 3rd day of March, 2015.
RONNIE L. WHITE
UNITED STATES DISTRICT JUDGE
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