Gillispie v. Miami Township et al

Filing 296

ENTRY AND ORDER OVERRULING OBJECTIONS 295 TO THE MAGISTRATE JUDGES ORDER 294 , BUT GRANTING MOTION WITHIN OBJECTIONS FOR EXTENSION OF DEADLINES 295 . The Court GRANTS Defendants' motion to extend certain deadlines established in the Magistr ate Judge's Order 294 . Therefore, the deadline for Defendants'rebuttal expert disclosures is extended to June 1, 2020, and the deadline for discovery related to Dr. Miller's report and any rebuttal expert witness is extended to June 30, 2020. Signed by Judge Thomas M. Rose on 4-23-2020. (de)

Case: 3:13-cv-00416-TMR-SLO Doc #: 296 Filed: 04/23/20 Page: 1 of 2 PAGEID #: 10832

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
ROGER DEAN GILLISPIE,
Plaintiff,

:

Case No. 3:13-cv-00416

:

Judge Thomas M. Rose

v.

:

MIAMI TOWNSHIP, et al.

:

Defendants.
:
______________________________________________________________________________
ENTRY AND ORDER OVERRULING OBJECTIONS (DOC. 295) TO THE
MAGISTRATE JUDGE’S ORDER (DOC. 294), BUT GRANTING MOTION
WITHIN OBJECTIONS FOR EXTENSION OF DEADLINES (DOC. 295)
______________________________________________________________________________
This case is before the Court on the Objections (Doc. 295) filed by Defendants Miami
Township, Ohio and Scott Moore (“Defendants”) to the Magistrate Judge’s Order granting
Plaintiff’s Motion for Leave to Disclose Additional Expert Report (Doc. 294). In the
Objections, Defendants concede that they “do not object to the Order granting Plaintiff’s Motion
for Leave.” (Doc. 295 at PAGEID # 10828.) Instead, Defendants take issue with the
“abbreviated timeline setting forth the rebuttal disclosure deadline and the deadline for the
Plaintiff and Defendants to complete discovery related to Plaintiff’s expert witness, Dr. Miller,
and any rebuttal expert witness.” (Id.) Defendants therefore “request that this Honorable Court
modify the Magistrate Judge’s Order and extend the rebuttal expert disclosure deadline to June 1,
2020, and the deadline for discovery related to Dr. Miller and any rebuttal expert witness to June
30, 2020.” (Id. at PAGEID # 10830.) In support of that request, Defendants argue that the
COVID-19 pandemic has caused disruptions that affect their counsel’s ability to perform tasks
related to the additional expert discovery authorized by the Magistrate Judge’s Order (Doc. 294),

Case: 3:13-cv-00416-TMR-SLO Doc #: 296 Filed: 04/23/20 Page: 2 of 2 PAGEID #: 10833

and note that this Court has vacated all remaining dates in the case schedule. (Doc. 295 at
PAGEID # 1829-30.)
The Court interprets Defendants’ request a separate motion—embedded in the
Objections—to extend certain deadlines. Defendants’ Objections (Doc. 295) are
OVERRULED. However, the Court GRANTS Defendants’ motion to extend certain deadlines
established in the Magistrate Judge’s Order (Doc. 294). Therefore, the deadline for Defendants’
rebuttal expert disclosures is extended to June 1, 2020, and the deadline for discovery related to
Dr. Miller’s report and any rebuttal expert witness is extended to June 30, 2020.
DONE and ORDERED in Dayton, Ohio, this Thursday, April 23, 2020.
s/Thomas M. Rose
________________________________
THOMAS M. ROSE
UNITED STATES DISTRICT JUDGE

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