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RQ Construction, Inc. v. Ecolite Concrete USA

October 5, 2010

RQ CONSTRUCTION, INC., PLAINTIFF,
v.
ECOLITE CONCRETE USA, INC., ECOLITE INTERNATIONAL INC. AND BRIAN SMITH, DEFENDANTS.



The opinion of the court was delivered by: Hon. William V. Gallo U.S. Magistrate Judge

AMENDED ORDER GRANTING JOINT MOTION TO STAY DISCOVERY AND TO EXTEND RELATED DISCOVERY DEADLINES (DOC. NO. 33)

The Joint Motion to Stay Discovery and Extend Related Discovery Deadlines (Doc. No. 33) is GRANTED. A stay on discovery shall go into effect immediately and shall lift on October 29, 2010. Good cause appearing, the Court modifies its June 18, 2010 Order only to the extent set forth below. This Order amends only the date set for event number "5" below.

IT IS HEREBY ORDERED: 1. On or before November 1, 2010, any party may supplement its designation of expert witnesses in response to any other party's designation so long as that party has not previously retained an expert to testify on that subject.

2. Each expert witness designated by a party shall prepare a written report to be provided to all other parties no later than December 20, 2010, containing the information required by Fed. R. Civ. P. 26(a)(2)(A) and (B).

Except as provided in paragraph 4, below, any party that fails to make these disclosures shall not, absent substantial justification, be permitted to use evidence or testimony not disclosed at any hearing or at the time of trial. In addition, the Court may impose sanctions as permitted by Fed. R. Civ. P. 37(c).

3. 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 January 13, 2011.

4. All discovery, including expert discovery, shall be completed on or before February 14, .

"Completed" means that all discovery under Rules 30-36 of the Federal Rules of Civil Procedure 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 services, notice, and response as set forth in the Federal Rules of Civil Procedure. All disputes concerning discovery shall be brought to the attention of the Magistrate Judge no later than thirty (30) days following the date upon which the event giving rise to the discovery dispute occurred. Counsel shall meet and confer pursuant to the requirements of Fed. R. Civ. P. 26 and Local Rule 26.1(a).

5. All motions, other than motions to amend or join parties, or motions in limine, SHALL BE FILED on or before March 21, 2011.*fn1

Motions will not be heard or calendared unless counsel for the moving party has obtained a motion hearing date from the law clerk of the judge who will hear the motion. Be advised that the parties must file their moving papers within three (3) days of receiving the motion hearing date from the Court. Be further advised that the period of time between the date you request a motion date and the hearing date may be up to six weeks. Please plan accordingly. For example, you may need to contact the judge's law clerk at least six weeks in advance of the motion cut-off to calendar the motion. Failure of counsel to timely request a motion date may result in the motion not being heard.

Motions will not be heard on the above date unless you have obtained that date in advance from the judge's law clerk.

6. Briefs or memoranda in support of or in opposition to any pending motion shall not exceed twenty-five (25) pages in length without permission of the judge or magistrate judge who will hear the motion. No reply memorandum shall exceed ten (10) pages without leave of the judge or magistrate judge who will hear the motion.

7. Pursuant to Local Rule 7.1(f)(1), when filing a Motion for Summary Judgment and/or Adjudication, Defendants shall file, and serve on Plaintiff, a separate statement setting forth plainly and concisely all material facts which they contend are undisputed. Each of the material facts stated shall be followed by a reference to the supporting evidence. Further, Plaintiff shall file, and serve on Defendants, a separate statement that responds to each of the material facts contended by Defendants to be undisputed, indicating whether the opposing party agrees or disagrees that those facts are undisputed. The statement also shall set forth plainly and concisely any other material facts that the opposing party contends are disputed. Each material fact contended by the opposing party to be disputed shall be followed by a reference to the supporting evidence.

8. The Mandatory Settlement Conference currently on calendar for October 15, 2010 is hereby vacated. In its place, a Mandatory Settlement Conference shall be conducted on December 20, , at 2:00 P.M. in the chambers of Magistrate William V. Gallo. Counsel shall submit confidential settlement statements directly to chambers no later than December 10, 2010. Each party's settlement statement shall set forth the party's statement of the case, identify controlling legal issues, concisely set out issues of liability and damages, and shall set forth the party's settlement position, including the last offer or demand made by that party, and a separate statement of the offer or demand the ...


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