Fay v. DePuy Orthopaedics, Inc. et al

Filing 35

ORDER granting 33 Joint Stipulated Motion to Amend Scheduling/Discovery Plan and Vacate/Reset Trial date and Final Pretrial Conference. Discovery due by 4/1/2015. Plaintiff(s) Expert Witness Disclosures and Reports due by 5/1/2015. Defendant( s) Expert Witness Disclosures and Reports due by 6/15/2015. Dispositive Motions due by 10/5/2015. Final Pretrial Conference REset for 3/7/2016 at 10:00 AM by telephone before Magistrate Judge Charles S. Miller, Jr. (Previously set for 3/31/2015). Jury Trial REset for 3/21/2016 at 9:30 AM in Bismarck Courtroom 1 before Judge Daniel L. Hovland (10 days) (Previously set for 4/13/2015). By Magistrate Judge Charles S. Miller, Jr. (BG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
SOUTHWESTERN DIVISION
Joan Terri Fay,
Plaintiff,
vs.
Depuy Orthopaedics, Inc., Simpson and
Associates, Inc., Simpson and Associates
Minnesota, Inc., and John Doe, an
unidentified individual,
Defendants.

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ORDER

Case No. 1:13-cv-042

On December 19, 2014, the parties filed a "Joint Stipulated Motion to Amend
Scheduling/Discovery Plan and Vacate/Reset Trial Date and Final Pretrial Conference." The court
GRANTS the motion (Docket No. 33) and amends its scheduled order as follows:
1.

The parties shall have until April 1, 2015, to complete fact discovery and to file
discovery motions.

2.

The parties shall provide the names of expert witnesses and complete reports under
Rule 26(a)(2) as follows:
a.

Plaintiff's expert witnesses and complete reports are due by May 1, 2015; and

b.

Defendants' expert witnesses and complete report are due by June 15, 2015.

(Treating physicians need not prepare reports, only qualifications, unless they will
express opinions not reflected in the medical records.) (Reports to be served on
other parties, but not filed with the court.)
3.

The parties shall have until August 3, 2015, to complete discovery depositions of

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expert witnesses.
4.

The parties shall have until October 5, 2015, to file other dispositive motions
(summary judgment as to all or part of the case).

The final pretrial conference set for March 31, 2015, shall be rescheduled for March 7, 2016, at
10:00 a.m. by telephone conference to be initiated by the court. The jury trial set for April 13, 2015,
shall be rescheduled for March 21, 2016, at 9:30 a.m. in Bismarck before Judge Hovland. A ten (10)
day trial is anticipated.
IT IS SO ORDERED.
Dated this 22nd day of December, 2014.
/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr., Magistrate Judge
United States District Court

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