Johnny v. Bornowski et al

Filing 69

ORDER - granting 49 Defendants' Motion to amend/correct Third Amended Scheduling Order to Name Additional Experts and/or Supplement Their Expert Affidavits/Reports after the raw data Generated by Plaintiff's Expert Paul Deutsch; granting in part and denying in part 52 Defendants' Motion to Quash Deposition Notice and Motion for Protective Order; and granting 54 Plaintiff's Motion for Leave to File Opposition to Defendants' Motion to Name Additional Experts and/or Supplement Their Expert Affidavits/Reports. Joint proposed discovery plan due 8/3/2011. Signed on 7/29/11 by Chief District Judge Fernando J. Gaitan, Jr. (Enss, Rhonda)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION
OSCAR L. JOHNNY, JR.,
Plaintiff,
vs.
LARRY BORNOWSKI and
STAMPEDE CARRIERS, LLC,
et al.,
Defendants.

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No. 10-04008-CV-W-FJG

ORDER
Pending before the Court is:

(1) Defendants Larry Bornowski and Stampede

Carriers, L.L.C.’s (collectively Defendants) Motion to Amend Third Amended Scheduling
Order To Permit Defendants to Name Additional Experts and/or Supplement their Expert
Affidavits/Reports after the raw data generated by plaintiff’s retained Expert Paul Deutsch
is Produced (Doc. No. 49); (2) Defendants’ Motion to Quash Deposition Notice and Motion
for Protective Order (Doc. No. 52); (3) Plaintiff’s Motion for Leave to file Opposition to
Defendants’ Motion to Name Additional Experts and/or Supplement their Expert
Affidavits/Reports (Doc. No. 54).
A telephone conference was held at 9:30 a.m. on July 28, 2011, to discuss these
pending motions.

Defendants’ Motion to Amend Third Amended Scheduling Order to

Permit Defendants to name additional experts and/or supplement their expert
affidavits/reports based on the raw data received from Paul Deutsch (Doc. No. 49) is
GRANTED. The Court reminds the parties that the additional experts and/or affidavits are
limited to an analysis or review of the raw data received from plaintiff’s expert, Paul
Deutsch. Likewise, the Court Grants Plaintiff’s Motion for Leave to file Opposition to Name

Additional Experts and/or Supplement Their Expert Affidavit (Doc. No. 54) limited to an
analysis and review of the raw data received from Plaintiff’s expert, Paul Deutsch.
Defendants’ Motion to Quash Deposition Notice and Motion for Protective Order
(Doc. No. 52) is GRANTED IN PART and DENIED IN PART. Concluding that the
deposition of Ms. Whited involves collateral matters, the Court will permit a deposition by
written questions pursuant to Fed. R. Civ. P. 31.
The Court notes that under the third amended scheduling order, discovery is set to
close August 8, 2011. The court requests that the parties submit a joint proposed plan
setting forth the scheduling deadlines in this case. The trial setting of March 12, 2012,
remains unchanged, and the Court believes that a delay in the trial setting is not needed
at this time.
Therefore, for the foregoing reasons: (1) Defendants’ Motion to amend/correct Third
Amended Scheduling Order to Name Additional Experts and/or Supplement Their Expert
Affidavits/Reports after the raw data Generated by Plaintiff’s Expert Paul Deutsch (Doc. No.
49) is GRANTED; (2) Defendants’

Motion to Quash Deposition Notice and Motion for

Protective Order is GRANTED in part and DENIED in part (Doc. No. 52); and Plaintiff’s
Motion for Leave to File Opposition to Defendants’ Motion to Name Additional Experts
and/or Supplement Their Expert Affidavits/Reports (Doc. No. 54) is GRANTED.
IT IS FURTHER ORDERED that the parties submit by Wednesday, August 3, 2011,
a joint proposed plan setting forth the scheduling deadlines in this case.
IT IS SO ORDERED.

/s/ FERNANDO J. GAITAN, JR.
Fernando J. Gaitan, Jr.
Chief United States District Judge
Dated: July 29, 2011
Kansas City, Missouri