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Don Clayton v. Knight Transportation

July 14, 2011

DON CLAYTON
PLAINTIFF,
v.
KNIGHT TRANSPORTATION, INC.
DEFENDANT.



The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge

SCHEDULING ORDER RE: CLASS CERTIFICATION MOTION

Discovery Deadlines: Initial Disclosures: August 1, 2011 Non Expert: February 15, 2012 Expert: January 5, 2012 Class Certification Motion Deadlines: Filing: March 30, 2012 Hearing: May 15, 2012 Scheduling Conference: June 19, 2012 at 9:00 a.m. Courtroom 9 I. Date of Scheduling Conference July 14, 2001.

III. Discovery Plan and Cut-Off Date - Re: Class Certification

The parties are ordered to exchange the initial disclosures required by Fed .R. Civ. P. 26(a)(1) on or before August 1, 2011.

The parties are ordered to complete all discovery pertaining to non-experts on or before February 15, 2012 and all discovery pertaining to experts on or before January 5, 2012.

The parties are directed to disclose all expert witnesses, in writing, on or before December 1, 2001, and to disclose all supplemental experts on or before . The written designation of retained and non-retained experts shall be made pursuant to Fed. R. Civ. P. Rule 26(a)(2), (A), (B) and (C) and shall include all information required thereunder. Failure to designate experts in compliance with this order may result in the Court excluding the testimony or other evidence offered through such experts that are not disclosed pursuant to this order.

The provisions of Fed. R. Civ. P. 26(b)(4) and (5) shall apply to all discovery relating to experts and their opinions. Experts must be fully prepared to be examined on all subjects and opinions included in the designation. Failure to comply will result in the imposition of sanctions, which may include striking the expert designation and preclusion of expert testimony.

The provisions of Fed. R. Civ. P. 26(e) regarding a party's duty to timely supplement disclosures and responses to discovery requests will be strictly enforced.

IV. Pre-Trial Motion Schedule

Non-dispositive motions are heard on Fridays at 9:00 a.m., before the Honorable Dennis L. Beck, United States Magistrate Judge in Courtroom 9. Counsel must comply with Local Rule 251 with respect to discovery disputes or the motion will be denied without prejudice and dropped from calendar.

Discovery Disputes

No written discovery motions shall be filed without the prior approval of the Magistrate Judge. A party with a discovery dispute must first confer with the opposing party in a good faith effort to resolve by agreement the issues in dispute. If that good faith effort is unsuccessful, the moving party shall then seek a prompt conference with the Magistrate Judge by telephone. The Clerk will inform counsel of the time and date of the telephone conference and it shall be the responsibility of the moving party to initiate the telephone conference call to chambers. The recording of telephone hearings or conferences with the Court is prohibited, except with prior permission of the Court. The request for a conference with the Court carries with it a professional representation by the lawyer that a conference has taken place and that he or she has made a good faith effort to resolve the dispute.

In scheduling such motions, the Magistrate Judge may grant applications for an order shortening time pursuant to Local Rule 144(e). However, if counsel does not obtain an order shortening time, the notice of motion must comply with Local Rule 251.

Counsel may appear and argue non-dispositive motions by telephone, providing a written request to so appear is made to the Magistrate ...


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