Stolle Machinery Company v. RAM Precision Industries et al

Filing 42

ORDER - It is accordingly ORDERED that Defendants show cause in writing not later than November 10, 2012, why they should not be precluded from introducing lay witness testimony and all parties show cause by that date why they should not be precluded from introducing expert testimony. Signed by Magistrate Judge Michael R Merz on 10/31/2012. (kpf1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
STOLLE MACHINERY COMPANY,
Plaintiff,

:

Case No. 3:10-cv-155
District Judge Walter Herbert Rice
Magistrate Judge Michael R. Merz

-vs:
RAM PRECISION INDUSTRIES,
et al.,
Defendants.

ORDER
This case is before the Court sua sponte for management of compliance with the
Preliminary Pretrial Conference Order (Doc. No. 40). That Order requires that all parties file lay
witness lists not later than October 15, 2012. Id. at ¶ 8. On October 15, 2012, Plaintiff filed a
Notice that it had served a lay witness list on counsel for the Defendants (Doc. No. 41).
However, no actual list of witnesses was filed with the Court. The Notice in question does not
comply with the Pretrial Order. Plaintiff shall forthwith file with the Court the list of lay
witnesses served on Defendants’ counsel.
Neither of the remaining Defendants in the case has filed a lay witness list. Similarly,
neither party has filed a expert witness list, although those lists were due to be filed by October
25, 2012.
It is accordingly ORDERED that Defendants show cause in writing not later than
November 10, 2012, why they should not be precluded from introducing lay witness testimony

and all parties show cause by that date why they should not be precluded from introducing expert
testimony.
October 31, 2012.
s/ Michael R. Merz
United States Magistrate Judge