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Victor Huang, Individually; and As Guardian Ad Litem For v. Marriott International

March 13, 2012

VICTOR HUANG, INDIVIDUALLY; AND AS GUARDIAN AD LITEM FOR HIS TWO MINOR CHILDREN, KEVIN HUANG AND ALICE HUANG; REGARDING THE WRONGFUL DEATH OF I-CHE HUANG-LIU, PLAINTIFFS,
v.
MARRIOTT INTERNATIONAL, INC.; MARRIOTT OWNERSHIP RESORTS, INC. DBA MARRIOTT VACATION CLUB INTERNATIONAL; MARRIOTT'S ARUBA SURF CLUB; MARRIOTT'S TIMBER LODGE, DEFENDANTS.



-STATUS (PRETRIAL SCHEDULING) ORDER

After reviewing the parties' Joint Status Report, the court hereby vacates the Status (Pretrial Scheduling) Conference scheduled for May 29, 2012.

I. SERVICE OF PROCESS

The parties have not indicated whether service upon the named defendants has been effectuated. Plaintiff shall have until March 30, 2012, to serve the named defendants. After March 30, 2012, no further service is permitted without leave of court, good cause having been shown under Federal Rule of Civil Procedure 16(b).

II. JOINDER OF PARTIES/AMENDMENTS The parties have agreed that they shall have until October 20, 2012, to join additional parties and to amend the pleadings.

III. JURISDICTION/VENUE

Jurisdiction is predicated upon diversity of citizenship, 28 U.S.C. § 1332. Venue is undisputed and is hereby found to be proper.

IV. DISCOVERY

The parties shall serve the initial disclosures required by Federal Rule of Civil Procedure 26(a)(1) by no later than March 16, 2012.

The parties have agreed to a maximum of fifty interrogatories by each party to any other party with responses due thirty days after service, with declaration. They have also agreed to a maximum of fifty requests for admission by each party to any other party with responses due thirty days after service, or declaration demonstrating good cause. Finally, the parties have agreed to a maximum of ten depositions by each party, with each deposition limited to eight hours unless extended by agreement of the parties.

The parties shall disclose experts and produce reports in accordance with Federal Rule of Civil Procedure 26(a)(2) by no later than February 21, 2013.

All discovery, including depositions for preservation of testimony, is left open, save and except that it shall be so conducted as to be completed by March 21, 2013. The word "completed" means that all discovery shall have been conducted so that all depositions have been taken and any disputes relevant to discovery shall have been resolved by appropriate order if necessary and, where discovery has been ordered, the order has been obeyed. All motions to compel discovery must be noticed on the magistrate judge's calendar in accordance with the local rules of this court and so that such motions may be heard (and any resulting orders obeyed) not later than March 21, 2013.

V. MOTION HEARING SCHEDULE

All motions, except motions for continuances, temporary restraining orders, or other emergency applications, shall be filed on or before May 6, 2013. All motions shall be noticed for the next available hearing date. Counsel are cautioned to refer to the local rules regarding the requirements for noticing and ...


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