All parties to the above-entitled action ("parties"), by and through their counsel of record, hereby stipulate that the Court may enter an Order as follows:
1. Whereas the parties to the above-entitled action agree that expert disclosure and expert discovery should take place after the completion of fact discovery, which will permit any experts to have access to the results of discovery in this action prior to being required to prepare expert witness reports and opinions;
2. Whereas re-setting the time for expert disclosure and completion of expert discovery within the period August 25, 2011 to October 31, 2011 will not interfere with the December 14, 2011 pre-trial conference or the March 5, 2012 trial;
3. The parties, therefore, respectfully believe there is good cause for the Court to modify, and hereby request that the Court modify and augment the Court's January 10, 2011 STATUS (Pre-trial Scheduling) ORDER as set forth in the attached Order.
Dated: March 15, 2011
LAW OFFICE OF BOWMAN & ASSOCIATES
KARA KEISTER, ESQ.
By: /s/KARA KEISTER
ATTORNEYS FOR PLAINTIFF PATTY HENSLEE
Dated: March 15, 2011 BAKER & HOSTETLER LLP
SABRINA SHADI, ESQ. ALASTAIR JAMES GAMBLE, ESQ.
By: /s/ Sabrina Shadi (as authorized on March 14, 2011)
ATTORNEY FOR DEFENDANT GANZ U.S.A., LLC
Based on the foregoing stipulation, and good cause appearing, the following will modify and augment the Court's January 10, 2011 STATUS (Pre-trial Scheduling) ORDER. Except as expressly modified or augmented, the January 10, 2011 STATUS (Pre-trial Scheduling) ORDER, including the deadlines set forth therein, remains in full effect.
DISCLOSURE OF EXPERT WITNESSES
The parties shall make expert witness disclosures under Fed. R. Civ. P. 26(a)(2) by August 25, 2011. Supplemental disclosure and disclosure of any rebuttal experts under Fed. R. 26(a)(2)(c) shall be made by September 8, 2011.
Failure of a party to comply with the disclosure schedule as set forth above in all likelihood will preclude that party from calling the expert witness at the time of trial absent a showing that the necessity for the witness could not have been reasonably anticipated at the time the disclosures were ordered and that the failure to make timely disclosure did not prejudice any other party. See Fed. R. Civ. P. 37(c).
All expert discovery shall be completed by October 31, 2011. In this context, "completed" means that all expert discovery shall have been conducted so that all expert depositions have been taken and any disputes relative to expert discovery shall have been resolved by appropriate order if necessary and, where expert discovery has been ordered, the order has been complied with.
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