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Fleming v. Escort Inc.

August 2, 2010

HOYT A. FLEMING, PLAINTIFF,
v.
ESCORT INC. AND BELTRONICS INC., DEFENDANTS.



The opinion of the court was delivered by: B. Lynn Winmill Chief Judge United States District Court

CASE MANAGEMENT ORDER

Track: (Patent)

In accordance with the agreements reached in the telephone status conference held between counsel and the Court on August 2, 2010, and to further the efficient administration of this matter,

NOW THEREFORE IT IS HEREBY ORDERED, that the following recitation of deadlines and procedures shall govern this litigation:

1. Dispositive Motion Deadline: All dispositive motions shall be filed by February 28, 2011.*fn1 As the Court discussed during the Conference with counsel, this deadline will not be extended for Rule 56(f) issues, expert issues, discovery disputes, or for any other reason, absent a showing of compelling good cause.

a. This is the critical event for case management and will dictate when the trial will be set.

b. As provided below, a trial setting conference will be scheduled immediately following resolution of all dispositive motions. To facilitate a prompt trial setting, I will make every effort to schedule oral argument within 60 days and issue a decision within 30 days after the oral argument. If a decision is not issued within this time frame, I invite inquiry from counsel as to the status of the decision.

2. Amendment of Pleadings and Joinder of Parties: All motions to amend pleadings and join parties, except for allegations of punitive damages, shall be filed on or before September 2, 2010. This deadline shall only be extended for good cause shown.*fn2 All parties are entitled to know the claims and parties well-before trial rather than be forced to pursue or defend against a moving target. Although this deadline precedes the general discovery deadline, the parties are directed to send out all discovery requests that might relate to amendment or joinder enough in advance of this amendment and joinder deadline to obtain the responses needed to make an informed decision on amendment and joinder.

3. Alternative Dispute Resolution Plan: The parties will file an ADR plan by November 2, 2010. The ADR plan must indicate the form of ADR that will be utilized and the date on which it will be conducted. Once the settlement conference or mediation is scheduled, it shall only be vacated by me.

4. Discovery Plan: Discovery shall be in accordance with the Federal Rules of Civil Procedure and the Local Rules.

5. Completion of Discovery: All discovery will be completed by January 31, 2011.This is a deadline for the completion of all discovery; it is not a deadline for discovery requests. Discovery requests must be made far enough in advance of this deadline to allow completion of the discovery by the deadline date. The parties may, by stipulation, agree to defer some trial-related discovery, such as discovery related to damages issue, until after I have ruled on any dispositive issues.

6. Disclosure of Experts:

a. The Plaintiff shall disclose the experts intended to be called at trial on or before November 2, 2010.

a. The Defendant shall disclose the experts intended to be called at trial on or ...


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