Niemeyer v. Ford Motor Company et al

Filing 164

ORDER Granting 163 Joint Motion to Continue Trial Setting. Jury Trial set for 10/29/2012 09:00 AM in LV Courtroom 6A before Judge James C. Mahan. Signed by Judge James C. Mahan on 07/30/2012. (Copies have been distributed pursuant to the NEF - AC)

Case 2:09-cv-02091-JCM-PAL Document 163

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Filed 07/27/12 Page 1 of 3

Ralph J. Rohay, Esq
309 W. Lake Mead Pkwy., Ste. B
Las Vegas, Nevada 89015
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Daniel T. Ryan, Esq. (Pro Hac Vice)
LAW OFFICES OF DANIEL T. RYAN, LLC
10525 Big Bend Boulevard
St. Louis, Missouri 63122
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Bradley D. Kuhlman (Pro Hac Vice)
Chad C. Lucas
(Pro Hac Vice)
KUHLMAN & LUCAS, LLC
1100 Main Street, Suite 2550
Kansas City, Missouri 64105
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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CASE NO. 09-cv-2091-JCM-PAL
KATHRYN A. NIEMEYER, individually and
as the Representative of the Estate of
JOINT MOTION TO CONTINUE
ANTHONY NIEMEYER, MARK NIEMEYER,
JESSICA NIEMEYER, and REBECCA NIEMEYER, TRIAL SETTING

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Plaintiffs,
vs.

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FORD MOTOR COMPANY,
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Defendant.
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COME NOW Plaintiffs and Defendant Ford Motor Company, by and through their
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attorneys of record, and move to continue the September 24, 2012 trial date in this matter. The

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parties request that the trial date be continued to October 29, 2012. As outlined below, the reason

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for this request is the unavailability of plaintiffs’ expert Dr. Mary Case.

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Case 2:09-cv-02091-JCM-PAL Document 163

Filed 07/27/12 Page 2 of 3

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Dr. Case is plaintiffs’ forensic pathologist and performed a posthumous autopsy of Mr.

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Anthony Niemeyer. Although Dr. Case was available for the originally scheduled trial date of

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July 23, 2012, she is not available from September 26th through October 1st – when plaintiffs

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would need to call her in their case. As the Court is aware, cause of death is one of the hotly
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contested issues at trial. Dr. Case’s presence is crucial to plaintiffs’ case.
Plaintiffs’ attorneys have spoken with defendant Ford’s attorneys and defendant Ford has

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no objection to the proposed trial date of October 29, 2012.

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Based on the foregoing, the parties request that the Court continue the trial date set in this

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matter to October 29, 2012. Accordingly, the parties respectfully submit this joint motion for the

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Court’s consideration.

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DATED this 27th day of July, 2012.
KUHLMAN & LUCAS, LLC

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By:

/s/ Chad C. Lucas
-Bradley D. Kuhlman (Pro Hac Vice)
Chad C. Lucas
(Pro Hac Vice)
KUHLMAN & LUCAS, LLC
1100 Main Street, Suite 2550
Kansas City, Missouri 64105
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Daniel T. Ryan, Esq. (Pro Hac Vice)
LAW OFFICES OF DANIEL T.
RYAN, LLC
10525 Big Bend Boulevard
St. Louis, Missouri 63122
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Ralph J. Rohay, Esq
309 W. Lake Mead Pkwy., Ste. B
Las Vegas, Nevada 89015
Telephone: [phone]
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Case 2:09-cv-02091-JCM-PAL Document 163

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Facsimile: [phone]
[e-mail]
Attorneys for Plaintiffs

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Filed 07/27/12 Page 3 of 3

DATED this 27th day of July, 2012.

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SNELL & WILMER L.L.P

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By:
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/s/ Jay J. Schuttert
Daniel S. Rodman
Joshua D. Cools
3883 Howard Hughes
Parkway Suite 1100
Las Vegas, Nevada 89169
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Defendant
Ford Motor Company

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ORDER
IT IS SO ORDERED that the trial of this case is rescheduled to the court's
October 29, 2012 three-week trial stack.
DATED this 30th day of July, 2012.
____
______________________________________
______________________________
__ _
_
UNITED STATES DISTRICT JUDG
NITED STATES
IT D
I DISTRICT COURT JUDGE
JUDGE

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Prepared and Submitted by:

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KUHLMAN & LUCAS, LLC

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/s/ Chad C. Lucas
Bradley D. Kuhlman (Pro Hac Vice)
Chad C. Lucas
(Pro Hac Vice)
KUHLMAN & LUCAS, LLC
1100 Main Street, Suite 2550
Kansas City, Missouri 64105
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiffs

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