Chan v. Mercy Medical Center et al

Filing 14

ORDER: The final pretrial conference set for 2/20/2018 and jury trial set for 3/06/2018 are canceled. They shall be rescheduled once this case has been reassigned. The 11 MOTION Leave to Take Video Trial Deposition and 12 Request to expedite are deemed MOOT. The parties may take the video deposition at an agreeable time. By Magistrate Judge Charles S. Miller, Jr. (BG) Modified on 1/30/2018 to correct date of final pretrial conference. Regenerated NEF. (rh)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Kimson Chan, as Personal Representative
of Casey Jasper Chan, deceased,
Plaintiff,
vs.
Mercy Medical Center, a North Dakota
corporation, and Jordan Lee Bales, MD,
Defendants.

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ORDER

Case No. 1-16-cv-88

Before the court is a Motion for Leave to Take Video Trial Deposition filed by Defendant
Jordan Lee Bales, MD. (Doc. No. 11). The court’s prior scheduling order dictates that depositions
“taken for presentation at trial shall be completed 30 days before trial.” (Doc. No. 7). The current
motion seeks relief from this 30 day deadline so as to allow Bales to take a video deposition of his
expert witness on either February 13, 2018, or February 21, 2018. Bales represents this leave is
necessary because of issues with the availability of this witness. Defendant Mercy Medical Center
does not oppose this motion, but Plaintiff Kimson Chan opposes the motion. (Doc. No. 13).
Trial in this matter is currently set for March 6, 2018. Given the realities of Chief Judge
Hovland’s docket, this case will not go to trial on that date and the court is in the process of
reassigning this case to a judge from outside the district. Because of that, the court CANCELS the
trial set for March 6, 2018, and the final pretrial conference set for February 20, 2018. The new
judge to whom the case is assigned will reset both for later dates. With that order, the court
concludes the Motion for Leave to Take Video Trial Deposition (Doc. No. 11) is MOOT. The
parties may take the video deposition at an agreeable time.
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IT IS SO ORDERED.
Dated this 30th day of January, 2018.
/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr., Magistrate Judge
United States District Court

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