Lange v. K-V Pharmaceutical Company

Filing 29

MEMORANDUM AND ORDER. Counsel for the parties shall confer and, on or before January 13, 2012 they shall jointly file a proposed schedule for progression of this case to trial. 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,
Defendant.

)
)
)
)
)
)
)
)
)

4:11CV3034

MEMORANDUM AND ORDER

After conferring with the parties,
IT IS ORDERED that counsel for the parties shall confer and, on or before January 13, 2012
they shall jointly file an abbreviated Rule 26(f) Report, a copy of which is attached.

January 3, 2012.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

Plaintiff(s),

v.

Defendant(s).

)
)
)
)
)
)
)
)
)

_:__CV____
ABBREVIATED
RULE 26(f) REPORT

The following attorneys conferred to prepare the Report of Parties’ Planning Conference for
the above-captioned case:
(Identify, for each party, the counsel who participated in preparing the Rule 26(f)
Report).
A.

Experts.
1)

2)

Experts and, unless otherwise agreed, expert disclosures shall be served by
_________________. Note: The parties may agree on separate dates for the
plaintiff(s) and the defendant(s).

3)

B.

If expert witnesses are expected to testify at the trial, counsel agree to at least
identify such experts, by name and address, (i.e., without the full disclosures
required by Rule 26(a)), by _________________.

Motions to exclude expert testimony on Daubert and related grounds will be
filed by _________________.

Discovery.
1)

Written discovery under Rules 33 through 36 of the Federal Rules of Civil
Procedure will be completed by _________________.

2)

Depositions, whether or not they are intended to be used at trial, will be
completed by _________________.

-1-

C.

The following claims and/or defenses may be appropriate for disposition by
dispositive motion (motion to dismiss or for summary judgment or partial summary
judgment): __________________________________________________________.
Motions to dismiss and/or for summary judgment will be filed by _______________.

D.

Consent to Trial Before Magistrate Judge.
In accordance with the provisions of 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73, the
parties in this case may voluntarily consent to have a United States Magistrate Judge
conduct any and all further proceedings in the case, including the trial, and order the
entry of final judgment. The consent must be unanimous, and any appeal must be
taken to the United States Court of Appeals. If the parties do not presently consent,
they may do so at a later time and the case will remain with the assigned United
States District Judge or, if not previously assigned, will be randomly assigned to a
United States District Judge.
_____ All parties hereby voluntarily consent to have the United States Magistrate
Judge conduct any and all further proceedings in this case including the trial, and
order the entry of final judgment.
_____ All parties do not consent at this time.

E.

Trial date.
2)

This case will be ready for trial before the court by: (month, year)

3)

The estimated length of trial is _____ days.

Dated: ________________________
______________________________
Counsel for Plaintiff(s)

______________________________
Counsel for Defendant(s)

CERTIFICATE OF SERVICE
I hereby certify that on ______________, I electronically filed the foregoing with the Clerk
of the Court using the CM/ECF system, which will send notification of such filing to the following:
______________________________________________, and I hereby certify that I have mailed by
United States Postal Service the document to the following non CM/ECF participants:
_____________________________________________.
s/______________________________

-2-