McManus v. Nationstar Mortgage LLC, et al.

Filing 29

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendants Agreed Motion to Modify Case Management Order (ECF No. 28 ) is GRANTED. (See order for further details)( ADR Completion Deadline due by 9/30/2015., ADR Compliance Report Deadline due by 10 /14/2015., Discovery Completion due by 1/20/2016., Jury Trial set for 5/16/2016 09:00 AM in Courtroom 10S before District Judge Ronnie L. White., Dispositive Motions due by 1/29/2016., Non-Dispositive Motions due by 1/31/2016., Motion in Limine due by 5/6/2016., Pretrial Compliance due by 4/26/2016.)Signed by District Judge Ronnie L. White on 09/24/2015. (KCB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
DEBORAH MCMANUS,
Plaintiff,
vs.
NATIONSTAR MORTGAGE, LLC;
FEDERAL NATIONAL MORTGAGE
ASSOCIATION,
Defendants.

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Case No. 4:14-CV-2081-RLW

MEMORANDUM AND ORDER
This matter is before the Court on Defendants’ Agreed Motion to Modify Case
Management Order (ECF No. 28).
For good cause shown,
IT IS HEREBY ORDERED that Defendants’ Agreed Motion to Modify Case
Management Order (ECF No. 28) is GRANTED, 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)

Plaintiff shall disclose all expert witnesses and shall provide the reports

required by Rule 26(a)(2), Fed.R.Civ.P., no later than September 16, 2015, and shall make expert
witnesses available for depositions, and have depositions completed, no later than December 7,
2015.
(b)

Defendants shall disclose all expert witnesses and shall provide the reports

required by Rule 26(a)(2), Fed.R.Civ.P., no later than November 16, 2015, and shall make expert

witnesses available for depositions, and have depositions completed, no later than December 7,
2015.
(c)

Plaintiff shall disclose all rebuttal experts no later than December 21, 2015

and shall make rebuttal experts available for depositions, and have depositions completed, no later
than January 11, 2016.
(d)

Requests for physical or mental examinations of parties pursuant to Rule

35, Fed.R.Civ.P., must be made no later than October 23, 2015, and any examination must be
completed by November 16, 2015.
(e)

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

(f)

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

20, 2016.

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

This case shall be referred to alternative dispute resolution on August 10, 2015,

and that reference shall terminate on September 30, 2015.
3.

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 29, 2016. Any response shall be filed no later
than February 29, 2016. Any reply shall be filed no later than March 10, 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.

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II.

ORDER RELATING TO TRIAL

This action is set for a JURY and NON-JURY trial on May 16, 2016, 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.
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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]

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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.

Findings of Fact, Conclusions of Law and Trial Brief: Submit to the Court and

to opposing counsel full, complete and specific findings of fact and conclusions of law, together
with a trial brief, citing authorities, in support of said party’s legal theories and discussing andy
anticipated substantive or procedural problems.
8.

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 of September, 2015.
________________________________
RONNIE L. WHITE
UNITED STATES DISTRICT JUDGE

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