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Breitenstein v. Monaco Coach Corp.

February 19, 2008

GLENN BREITENSTEIN, PLAINTIFF,
v.
MONACO COACH CORP., ET AL., DEFENDANTS.



The opinion of the court was delivered by: Barbara L. Major United States Magistrate Judge

CASE MANAGEMENT CONFERENCE ORDER REGULATING DISCOVERY AND OTHER PRETRIAL PROCEEDINGS

(Fed. R. Civ. P. 16)

(Local Rule 16.1)

(Fed. R. Civ. P. 26)

On February 1, 2008, the Court held a Settlement Disposition Conference in the above matter, at which the parties informed the Court that the case had not settled. Therefore, after consulting with the attorneys of record for the parties and being advised of the status of the case, and good cause appearing,

IT IS HEREBY ORDERED:

1. Initial disclosures pursuant to Rule 26(a)(1)(A-D) shall occur on or before February 22, 2008.

2. Any motion to join other parties, to amend the pleadings, or to file additional pleadings shall be filed on or before March 21, 2008.

3. The parties shall designate their respective case-in-chief experts in writing on or before June 16, 2008. Rebuttal experts shall be designated on or before July 3, 2008. The written designations shall include the name, address, and telephone number of the expert and a reasonable summary of the testimony the expert is expected to provide. The list shall also include the normal rates the expert charges for deposition and trial testimony.

4. Each expert witness designated by a party shall prepare a written report to be provided to all other parties no later than July 18, 2008, containing the information required by Fed. R. Civ. P. 26(a)(2)(A) and (B).

5. Any party, through any expert designated, shall in accordance with Fed. R. Civ. P. 26(a)(2)(C) and Fed. R. Civ. P. 26(e), supplement any of its expert reports regarding evidence intended solely to contradict or rebut evidence on the same subject matter identified in an expert report submitted by another party. Any such supplemental reports are due on or before August 15, 2008.

Please be advised that failure to comply with expert discovery or any other discovery order of the court may result in the sanctions provided for in Fed. R. Civ. P. 37 including a prohibition on the introduction of experts or other designated matters in evidence.

6. All discovery, including expert discovery, shall be completed by all parties on or before September 26, 2008. "Completed" means that all discovery under Rules 30-36 of the Federal Rules of Civil Procedure, and discovery subpoenas under Rule 45, must be initiated a sufficient period of time in advance of the cut-off date, so that it may be completed by the cut-off date, taking into account the times for service, notice, and response as set forth in the Federal Rules of Civil Procedure.

Counsel shall promptly and in good faith meet and confer with regard to all discovery disputes in compliance with Civil Local Rules 16.5(k) and 26.1(a). All discovery motions shall be filed within thirty (30) days after counsel have met and conferred and reached an impasse with regard to any particular discovery issue, but in no event shall discovery motions be filed more than sixty (60) days after the date upon which the event giving rise to the discovery dispute occurred. For oral discovery, the event giving rise to the discovery dispute is the completion of the transcript of the affected portion of the deposition. For written discovery, the event giving rise to the discovery dispute is either the service of the ...


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