Nielson et al v. Harley Davidson Motor Company Group et al

Filing 101

MEMORANDUM DECISION AND ORDER granting 91 Motion for Extension of Time to Complete Discovery (Amended Scheduling Order). Expert Discovery due by 12/11/2019. Motions due by 1/13/2020. Final Pretrial Conference set for 6/1/2020 at 09:00 AM in Rm 7.300 before Judge David Nuffer. 10-Day Jury Trial set for 6/15/2020 at 08:30 AM in Rm 7.300 before Judge David Nuffer. Signed by Magistrate Judge Paul Kohler on 8/22/19 (alt)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
ANGELA K. NIELSON, individually and on
behalf of THE ESTATE OF BRETT W.
NIELSON; RYLEE NIELSON; ERIC
NIELSON; and LINDA NIELSON,
Plaintiffs,

MEMORANDUM DECISION AND
ORDER GRANTING MOTION TO
EXTEND DISCOVERY DEADLINES
AND
AMENDED SCHEDULING ORDER

v.
HARLEY-DAVIDSON MOTOR COMPANY
GROUP, LLC; GOODYEAR DUNLOP
Case No. 4:18-cv-00013-DN-PK
TIRES NORTH AMERICA, LTD.; THE
GOODYEAR TIRE & RUBBER CO.;
District Judge David Nuffer
SUMITOMO RUBBER USA, LLC; and
BELLINGHAM HARLEY-DAVIDSON,
Magistrate Judge Paul Kohler
INC.,
Defendants.

Based on the representations and arguments in the parties’ briefing on Plaintiffs’ Motion
to Extend Expert Disclosure Deadline Until After Specific Fact Discovery Already Planned Has
Been Completed (“Motion”), 1 Plaintiffs have established good cause for the extension of the
deadlines for fact discovery (limited to Plaintiff Angela Nielson’s ongoing medical issues and
the taking of depositions of Defendants’ corporate representatives) and expert discovery.

1

Motion, docket no. 91, filed July 8, 2019; Defendants Sumitomo Rubber USA, LLC f/k/a Goodyear Dunlop Tires
North America, Ltd. and The Goodyear Tire & Rubber Company’s Response to Plaintiffs’ Motion to Extend Expert
Disclosure Deadline, docket no. 92, filed July 19, 2019; Harley-Davidson Motor company Group, LLC’s Notice of
Joinder to Defendants Sumitomo Rubber USA, LLC f/k/a Goodyear Dunlop Tires North America, Ltd. and The
Goodyear Tire & Rubber Company’s Response to Plaintiffs’ Motion to Extend Expert Disclosure Deadline, docket
no. 93, filed July 22, 2019; Reply to Defendants’ Responses Regarding Extending Expert Disclosure Deadline Until
After Specific Fact Discovery Already Planned Has Been Completed, docket no. 94, filed Aug. 9, 2019.

Additionally, because of the extension of these deadlines, it is necessary that other deadlines in
the Scheduling Order 2 be amended. Therefore,
IT IS HEREBY ORDERED that Plaintiffs’ Motion 3 is GRANTED. The Scheduling
Order 4 is amended as follows:
1.

FACT DISCOVERY
a.

2.

Deadline for Fact Discovery (limited to Plaintiff
Angela Nielson’s ongoing medical issues and the
taking of depositions of Defendants’ corporate
representatives)
RULE 26(a)(2) EXPERT DISCLOSURES &
REPORTS

DATE
09/11/2019

DATE

Disclosures (subject and identity of experts)
a.

Part(ies) bearing burden of proof:

09/11/2019

b.

Counter disclosures:

10/11/2019

Reports
a.

Part(ies) bearing burden of proof:

09/11/2019

b.

Counter reports:

10/11/2019

3.

OTHER DEADLINES

DATE

a.

Last day for expert discovery:

12/11/2019

b.

Deadline for filing dispositive or potentially dispositive
motions:

01/13/2020

c.

Deadline for filing partial or complete motions to
exclude expert testimony:

01/13/2020

2

Docket no. 39, filed Aug. 10, 2018.

3

Docket no. 91, filed July 8, 2019.

4

Docket no. 39, filed Aug. 10, 2018.

2

4.

TRIAL AND PREPARATION FOR TRIAL
a.

TIME

DATE

Rule 26(a)(3) pretrial disclosures 5
Plaintiffs:

04/17/2020

Defendant(s):

05/01/2020

b.

Objections to Rule 26(a)(3) disclosures
(if different than 14 days provided in Rule)

c.

Special Attorney Conference 6 on or before:

05/15/2020

d.

Settlement Conference 7 on or before:

05/15/2020

e.

Final Pretrial Conference:

f.

Trial

Length

Jury Trial

10 days

9:00 a.m.

06/01/2020

8:30 a.m.

06/15/2020

Signed August 22, 2019.
BY THE COURT

_______________________________
Paul Kohler
United States Magistrate Judge

5

The Parties must disclose and exchange any demonstrative exhibits or animations with the Rule 26(a)(3)
disclosures.

6

The Special Attorneys Conference does not involve the court. During this conference, unless otherwise ordered by
the court, counsel will agree, to the extent possible, on voir dire questions, jury instructions, and a pretrial order.
They will discuss the presentation of the case, and they should schedule witnesses to avoid gaps and disruptions.
The parties should mark exhibits in a way that does not result in duplication of documents. The pretrial order should
include any special equipment or courtroom arrangement requirements.

7

The Settlement Conference does not involve the court unless the court enters a separate order. Counsel must ensure
that a person or representative with full settlement authority or otherwise authorized to make decisions regarding
settlement is available in person or by telephone during the Settlement Conference.

3