Bankers Standard Insurance Company v. MTD (USA) Corporation et al

Filing 18

CASE MANAGEMENT ORDER #2: Telephone Conference set for 5/7/2014 at 10:00 AM before Magistrate Judge Juliet E. Griffin., Jury Trial set for 6/16/2015 at 9:00 AM before Senior Judge John T. Nixon. Pretrial Conference set for 6/5/2015 at 10:00 AM bef ore Senior Judge John T. Nixon. Exhibit List and Witness List due by 5/29/2015. Proposed Pretrial Order due by 5/29/2015. Signed by Magistrate Judge Juliet E. Griffin on 12/18/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
BANKERS STANDARD INSURANCE
COMPANY
v.
MTD (USA) CORPORATION;
ZHEJIANG DINGBO PLUMBING
MANUFACTURING CO., LTD.; and
INTERLINE BRANDS, INC.

)
)
)
)
)
)
)
)
)

No. 3-13-1199

CASE MANAGEMENT ORDER # 2
By contemporaneously entered order, the Court has approved and entered the parties'
proposed initial case management order, with modifications and insertions addressed at the initial
case management conference held on December 16, 2013. Those modifications, insertions and other
matters addressed on December 16, 2013, are as follows:
1.

The plaintiff has already served initial disclosures in accord with Rule 26(a)(1) of the

Federal Rules of Civil Procedure.
2.

The defendants shall have until January 16, 2014, to serve Rule 26(a)(1) initial

disclosures.
3.

Counsel shall convene a telephone conference call with the Court on Wednesday,

May 7, 2014, at 10:00 a.m., to address whether defendant Zhejiang Dingbo Plumbing
Manufacturing Co., Ltd. has entered an appearance, and, if not, whether it has been served and, if
not, when it is anticipated it will be served, what experts the parties anticipate, on what dates expert
depositions have been scheduled, the chance of a dispositive motion being filed, whether any
additional parties are expected, the impact, if any, on the scheduling deadlines provided in this order
and the contemporaneously entered order, and to address any other appropriate matters.
Counsel for defendants MTD and Interline has already provided a call-in number for
plaintiff's counsel and the Court.

4.

All written discovery shall be propounded no later than July 1, 2014.

5.

Any third party subpoenas shall be served no later than August 4, 2014.

6.

All fact discovery shall be completed by September 1, 2014.

7.

Any discovery motion related to fact discovery shall be filed by September 8, 2014.1

8.

All motions to amend the pleadings and/or join parties shall be filed by October 15,

9.

The plaintiff shall have until August 1, 2014, to serve all expert disclosures in accord

2014.

with Rule 26(a)(2) of the Federal Rules of Civil Procedure.
10.

The defendants shall have until October 2, 2014, to serve all Rule 26(a)(2) expert

disclosures.
11.

The plaintiff shall have until November 3, 2014, to serve rebuttal expert disclosures,

if necessary.
12.

All expert depositions shall be completed by January 30, 2015. The defendants shall

take the depositions of the plaintiff's experts by December 31, 2014. As soon as possible, the parties
shall reserve dates between November 3, 2014, and January 30, 2015, to take the parties' experts'
depositions.
13.

Any dispositive motion shall be filed by January 23, 2015. Any response shall be

filed within 28 days of the filing of the motion or by February 20, 2015, if the motion is filed on
January 23, 2015. Any reply, if necessary, shall be filed within 14 days of the filing of the response
or by March 6, 2015, if the response is filed on February 20, 2015.
No other filings in support of or in opposition to any dispositive motion shall be made after
March 6, 2015, except with the express permission of the Honorable John T. Nixon.

1

This particular deadline was not addressed on December 16, 2013, but the proposed
August 8, 2014, deadline has been extended since the proposed August 1, 2014, deadline for
completion of fact discovery was extended to September 1, 2014.
2

In consultation with Judge Nixon's office, a jury trial is scheduled to begin on Tuesday,
June 16, 2015, at 9:00 a.m. in Courtroom 774, U.S. Courthouse, 801 Broadway, Nashville, TN.
The parties estimate that the trial will last three (3) days.
The parties are directed to contact Ms. Mary Conner, courtroom deputy to Judge Nixon, by
no later than 12:00 noon on Friday, June 12, 2014, if this case has settled. Failure to provide such
notification in the event the parties have settled the case may result in assessment of costs against
the parties and/or their attorneys, including but not limited to the costs of summoning the jurors.
A pretrial conference is also scheduled before Judge Nixon on Friday, June 5, 2015, at
10:00 a.m., in Chambers, 770 U.S. Courthouse.
By May 8, 2014, counsel shall advise opposing counsel of those portions of any depositions
to be read to the jury or those portions of video depositions to be viewed by the jury, in accord with
Local Rule 32.01(b) and Rule 26(a)(3)(A)(ii) of the Federal Rules of Civil Procedure, and shall serve
a list of the expected witnesses and exhibits in accord with Rule 26(a)(3)(A)(i) and (iii) of the
Federal Rules of Civil Procedure.
By May 18, 2015, the parties shall file any motions in limine, any Daubert motions and/or
motions relating to expert testimony, any evidentiary objections to deposition testimony, in accord
with Local Rules 32.01(b) and 39.01(d)(1) and Rule 26(a)(3)(B), and any objections to proposed
exhibits in accord with Rule 26(a)(3)(B).
Any responses to such motions in limine, any responses to any Daubert motions and/or
motions relating to expert testimony and any responses to objections to deposition testimony and
proposed exhibits shall be filed by May 29, 2015.
By May 29, 2015, the parties shall also:
1.

File a proposed joint pretrial order, which shall include:
(a)

a recitation that the pleadings are amended to conform to the pretrial order
and that the pretrial order supplants the pleadings;

(b)

a short summary of the plaintiff's theory (no more than one page);
3

(c)

a short summary of the defendants' theory (no more than one page each);

(d)

a succinct statement of the relief sought;

(e)

a statement of the issues, including a designation of which issues are for the
jury and which issues are for the Court;

(f)

Any special trial procedural issues;

(g)

A summary of any anticipated evidentiary issues;

(h)

A statement that counsel have complied with Rule 26(e) of the Federal
Rules of Civil Procedure; and

(i)
2.

The estimated length of the trial.

File pretrial briefs, including:
(a)

a concise statement of the facts;

(b)

a concise statement of the issues;

(c)

a statement of the propositions of law upon which counsel relies, together
with citations of authorities in support thereof;

(d)

those evidentiary rulings counsel anticipates may arise and the legal
authorities upon which counsel relies in support of his contentions;
and

(e)

what damages are recoverable and, where applicable, a proposed method of
reducing future damages to present value.

3.

File any deposition transcripts that the parties expect to use at trial;

4.

Serve and file their respective final lists of witnesses and exhibits;

5.

File a listing of all agreed stipulations;2 and

2

Counsel shall attempt to good faith to stipulate to the authenticity of exhibits, and shall
stipulate to any matters as to which there is no genuine issue or to which counsel does not intend to
object. Objections to authenticity of exhibits and any proposed stipulation to which another party
objects will be addressed at the pretrial conference. Objections as to admissibility and relevancy may
be reserved until the time of trial or addressed in the context of motions in limine.
4

6.

File proposed jury instructions, any special interrogatories, and any special
verdict forms.3

The parties shall premark all exhibits and comply with Local Rule 39.01(c)(4).
It is so ORDERED.

JULIET GRIFFIN
United States Magistrate Judge

3

Counsel shall confer and jointly prepare and file a set of agreed, proposed instructions and
verdict forms. Each proposed jury instruction shall begin on a new page and shall include citations
to supporting authorities. The parties may separately file any disputed jury instructions or verdict
forms.
5