Owner Operator Independent Drivers Association Inc et al v. Comerica Bank
Filing
115
ORDER GRANTING in part 107 MOTION to Compel Discovery filed by Michael Wiese, Carl Harp, Owner Operator Independent Drivers Association Inc, ( Final Pretrial Conference reset for 9/30/2011 10:00 AM in Chambers before Judge Algenon L. Marbley, Jury Trial set for 10/3/2011 09:00 AM in Courtroom 1 - Columbus before Judge Algenon L. Marbley.). Signed by Judge Algenon L. Marbley on 9/20/2011. (cw)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
OWNER-OPERATOR INDEPENDENT
DRIVERS ASSOCIATION, CARL HARP
and MICHAEL WISE, as Representatives
of the Class and THE CERTIFIED CLASS
OF OWNER-OPERATORS, Case No.
C2-97-740 United States District Court
for the Southern District of Ohio,
Plaintiffs,
v.
COMERICA BANK,
Defendant.
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Case No. 05 -CV-0056
JUDGE ALGENON L. MARBLEY
Magistrate Judge King
ORDER
This matter is before the Court by way of a telephonic hearing on Defendant’s Motion to
Compel Discovery that was held on Monday, September 19, 2011. Based on the representations
of counsel, the Defendant’s Motion is GRANTED, in part, and the Court has amended the
scheduling order to reflect the following:
Summary:
September 12, 2011
Motions in limine, pretrial motions, designation of deposition
portions, witness statements, stipulations, and exhibit lists.
September 19, 2011
Memoranda contra pretrial motions or motions in limine,
objections to deposition designations.
September 20, 2011
Plaintiffs are hereby ordered to complete production of the
following items to Defendant by 5:00 p.m.:
•
All handwritten or typed attorneys notes taken from 1997
to the present. (Doc. 111, p.2, bullet item 1).
•
Any remaining notes and emails reflecting communications
among Plaintiffs’ counsel from 1997 to present. (Doc. 111,
p.2, bulleted item 6). The Court will entertain timely
requests for an in camera inspection regarding any such
materials which raise genuine privilege concerns.
•
•
Plaintiffs’ communications with opposing counsel. (Doc.
111, p.2, bullet item 8).
•
September 22, 2011
Plaintiffs’ communications with their clients (including
OOIDA, the named plaintiffs and the individual class
members), i.e. letters, emails, faxes from 1997 to the
present. (Doc. 111, p.2, bullet item 7).
Drafts of any pleadings, or letters (but not including legal
research memoranda). (Doc. 111, p.2, bullet item 9).
Plaintiffs are hereby ordered to complete production of the
following items to Defendant by 5:00 p.m.:
•
Plaintiffs’ attorney billing statements from 1997 to present.
(Doc. 111, p.2, bullet item 3). The Court will entertain
timely requests for an in camera inspection regarding any
such materials which raise genuine privilege concerns.
•
Plaintiffs’ attorney time records, limited to this controversy
and the preceding related controversies involving
Plaintiffs’ same disputed funds. (Doc. 111, p.2, bullet item
4).
The Court will entertain timely requests for an in
camera inspection regarding any such materials which raise
genuine privilege concerns.
September 27, 2011
All additional depositions to be completed.
September 28, 2011
Motions for leave to file additional motions in limine for new
issues arising from depositions taken after September 21, 2011
only due by 5:00 p.m. Proposed additional motions in limine to
be attached as exhibits to the motions for leave to file.
September 30, 2011
Final pretrial conference at 10:00 a.m. in chambers, 85 Marconi
Boulevard, Room 319, Columbus, Ohio; final amended pretrial
order including amended exhibit lists and appendices due;
submission of trial briefs; Responses to additional motions in
limine due by 5:00 p.m; Designations of deposition testimony of
witnesses deposed after September 21, 2011 due by 5:00 p.m.
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October 3, 2011
Bench Trial - rulings on motions in limine and deposition
designations, followed immediately by opening statements and
presentation of evidence.
This order supersedes all previous orders in this case to the extent previous orders are
inconsistent with this order.
The parties shall address questions about this order to the Court's Law Clerk, Robert
Haferd, at 614-719-3262, by way of a telephone conference with counsel for all parties
participating, or with fewer than all counsel participating with express permission of nonparticipating counsel.
IT IS SO ORDERED.
s/Algenon L. Marbley
ALGENON L. MARBLEY
UNITED STATES DISTRICT JUDGE
DATED: September 20, 2011
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