Lange v. K-V Pharmaceutical Company

Filing 16

MEMORANDUM AND ORDER for initial progression and determination of the arbitration issue. Ordered by Magistrate Judge Cheryl R. Zwart. (CRZ)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
RICK D. LANGE, Chapter 7 Trustee,
Plaintiff,
v.
K-V PHARMACEUTICAL
COMPANY,

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4:11CV3034

MEMORANDUM AND ORDER

Defendant.
After conferring with the parties and with their agreement,
IT IS ORDERED:
1)

Mandatory disclosures under Rule 26(a)(1) shall be served on or before
August 10, 2011.

2)

The parties may initiate discovery, with the current focus of discovery directed
to the issue of whether this case, or any part of it, must or should be submitted
to arbitration.1 Discovery regarding this threshold arbitration issue shall be
completed by October 10, 2011.

3)

On or before November 9, 2011, the parties shall either file a stipulation to
submit all or part of this case to arbitration, and/or shall file a motion for
judicial determination of whether and to what extent the issues in this case
must be submitted to arbitration.

DATED this 11th day of July, 2011.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

1

This order does not prohibit a party from performing discovery on matters other than
the arbitration issue if completing the discovery, (e.g. a deposition of a specific person, or
all depositions at a particular distant location), will advance the interests of obtaining a costeffective and expeditious resolution of the parties’ dispute.