Wal-Mart Stores, Inc. v. PDX, Inc, et al

Filing 53

MEMORANDUM AND ORDER...IT IS HEREBY ORDERED that Plaintiff's Motion to Amend the Case Management Order (ECF No. 52 ) 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. ( ADR Future Reference 1/4/2016., Discovery Completion due by 4/1/2016., Jury Trial set for 8/1/2016 09:00 AM in Courtroom 10S before District Judge Ronnie L. White., Dispositive Motions due by 4/11/2016., Non-Dispositive Motions due by 4/12/2016., Motion in Limine due by 7/22/2016., Pretrial Compliance due by 7/26/2016.) Signed by District Judge Ronnie L. White on 12/21/2015. (NEB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
WAL-MART STORES, INC.,
Plaintiff,
vs.
PDX, INC., et al.,

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Case No. 4:14-CV-1805-RLW

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Defendants.

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MEMORANDUM AND ORDER

This matter is before the Court on Plaintiffs Motion to Amend the Case Management
Order (ECF No. 52). Therein, Plaintiff asks for this Court to amend the Case Management Order
because the parties have not engaged in any discovery, other than propounding interrogatories and
requests for production of documents, since entry of the May 6, 2015 Case Management Order.
This lackadaisical attitude towards discovery is due, in part, to Plaintiffs counsel's apparent
dispute with its client's insurance carrier over nonpayment of legal fees. (ECF No. 50). A
dispute over nonpayment of fees does not present excusable neglect for failure to comply with the
Court's Case Management Order. The Court notes that Defendant does not consent to any
extension of deadlines in the Case Management Order because such a request is untimely, given
that the deadlines Plaintiff seeks to amend have already passed by several months. (ECF No. 49).
Although, Plaintiffs request is untimely, the Court finds that any alleged prejudice to
Defendant would be outweighed by the prejudice to Plaintiff if the Court did not allow any
extension. Therefore, the Court will allow Plaintiff a brief extension of the Case Management
Order.

IT IS HEREBY ORDERED that Plaintiffs Motion to Amend the Case Management
Order (ECF No. 52) 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.

This case has been assigned to Track 2 (Standard).

2.

Disclosure shall proceed in the following manner:

(a)
Plaintiff shall disclose all expert witnesses and shall provide the reports
required by Rule 26(a)(2), Fed.R.Civ.P., no later than January 15, 2016, and shall make
expert witnesses available for depositions, and have depositions completed, no later than
February 4, 2016
(b)
Defendant shall disclose all expert witnesses and shall provide the reports
required by Rule 26(a)(2), Fed. R. Civ. P., no later than February 26, 2016, and shall make
expert witnesses available for depositions, and have depositions completed, no later than
March 18, 2016.
(c)
Requests for physical or mental examination of parties pursuant to Rule
35, Fed. R. Civ. P. are not anticipated.
(d)

The parties shall complete all discovery in this case no later than April l,

2016.

(e)
Motions to compel shall be pursued in a diligent and timely manner, but in
no event filed more than eleven (11) days following the discovery deadline set out above.
4.
This case shall be referred to alternative dispute resolution on January 4, 2016,
and that reference shall terminate on February 19, 2016.
5.
Any motions to dismiss, motions for summary judgment, motions for
judgment on the pleadings, and motions under Daubert must be filed no later than April 11, 2016.
Opposition briefs shall be filed no later than May 10, 2016 and any reply brief may be filed no
later than May 25, 2016. Courtesy copies (including all 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 August 1, 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 Vair 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.

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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:
[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
procedm:al 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 21st day of December, 2015.

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RONNiELWHITE
UNITED STATES DISTRICT JUDGE