CHARNECO v. UNITED STATES OF AMERICA
Filing
12
SCHEDULING ORDER: Final Pretrial Conference set for 7/26/2012 11:30 AM before Magistrate Judge Ann Marie Donio. Telephone Status Conference set for 1/9/2012 2:00 PM before Magistrate Judge Ann Marie Donio. Counsel for plaintiff shall initiate call. Pretrial Factual Discovery due by 1/31/2012. Dispositive Motions due by 5/15/2012. Motions to amend or to join new parties will expire on 11/30/2011. Signed by Magistrate Judge Ann Marie Donio on 9/27/2011. (TH, )
<![CDATA[
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
CAMDEN VICINAGE
LAURA CHARNECO, Individually
and as Executrix of the Estate
of David Charneco, deceased,
Civil No. 11-3201 (NLH/AMD)
Plaintiff,
v.
UNITED STATES OF AMERICA,
Defendant.
SCHEDULING ORDER
This Scheduling Order confirms the directives given to
counsel at the scheduling conference pursuant to Rule 16, Federal
Rules of Civil Procedure on September 27, 2011; and the Court
noting the following appearances:
John D. North, Esquire, and
Joseph P. Callahan, Esquire, appearing on behalf of the plaintiff;
and Mark C. Orlowski, Assistant U.S. Attorney, appearing on behalf
of the defendant; and for good cause shown:
IT IS this 27th day of September 2011, hereby ORDERED:
1. The time within which to file a motion to amend the
pleadings or a motion to join new parties will expire on November
30, 2011.
2. The Court will conduct a telephone status conference
on January 9, 2012 at 2:00 P.M..
Counsel for plaintiff shall
initiate the telephone call.
3.
Pretrial factual discovery is hereby extended to
January 31, 2012. All pretrial discovery shall be concluded by
that date. All discovery motions and applications pursuant to L.
CIV. R. 37.1(a)(1) shall be made returnable before the expiration
of pretrial factual discovery.
4. Depositions. All depositions are to be conducted in
accordance with the procedures set forth in the order of Judge
Gawthrop, in Hall v. Clifton Precision, 150 F.R.D. 525 (E.D.Pa.
1993).
The Court shall not permit at trial any witness testimony
by video unless the witness is unavailable as set forth in FED . R.
CIV. P. 32(a)(4), or unless such deposition use is otherwise
permitted under FED. R. CIV . P. 32.
5. All expert reports and expert disclosures pursuant to
FED. R. CIV. P. 26(a)(2) on behalf of plaintiff shall be served upon
counsel for defendant not later than February 29, 2012. All expert
reports and expert disclosures pursuant to FED . R. CIV . P. 26(a)(2)
on behalf of defendant shall be served upon counsel for plaintiff
not later than March 30, 2012.
Each such report should be
accompanied by the curriculum vitae of the proposed expert witness.
No expert opinion testimony shall be admitted at trial with respect
to any witness for whom this procedure has not been timely
followed.
Depositions of proposed expert witnesses shall be
concluded by May 31, 2012.
For purposes of this Scheduling Order, treating
physicians shall not be considered expert witnesses and shall be
treated as fact witnesses who are, however, required to provide
reports and records concerning their treatment.
However, any
doctor who is going to express an opinion as to the cause of a
particular condition or as to the future prognosis of a particular
condition, shall be considered an expert subject to the requirement
of FED. R. CIV. P. 26(a)(2)(B).
The parties shall also exchange, in accordance with the
foregoing schedule, written statements identifying all opinion
testimony counsel and the parties anticipate will be presented at
trial pursuant to F. R. EVID . 701 and Teen-Ed v. Kimball
International, Inc., 620 F.2d 399 (3d Cir. 1980).
The Court shall not permit at trial any witness testimony
by video unless the witness is unavailable as set forth in FED . R.
CIV. P. 32(a)(4), or unless such deposition use is otherwise
permitted under FED. R. CIV . P. 32.
6. Dispositive Motions. Dispositive motions shall be
filed with the Clerk of the Court no later than May 15, 2012.
Opposition to the motion should be served in a timely fashion.
Counsel are to follow L. CIV. R. 7.1, 7.2, 56.1 and 78.1 (Motion
Practice - Generally).
7. The Court will conduct the Final Pretrial Conference
on July 26, 2012 at 11:30 A.M..
The form Joint Final Pretrial
Order (original and two copies for the court, with sufficient
copies for all counsel), as signed by all counsel, shall be
delivered to the Court at the conference. The plaintiff's portion
of the proposed order shall be prepared and sent to defense counsel
not later than July 9, 2012. Defendant's portion of the proposed
order shall be prepared and returned to counsel for plaintiff not
later than July 20, 2012. FAILURE TO APPEAR AT THIS CONFERENCE
WILL LEAD TO THE IMPOSITION OF SANCTIONS, INCLUDING COSTS.
TRIAL COUNSEL MUST APPEAR AT THE FINAL PRETRIAL
CONFERENCE UNLESS SPECIFICALLY EXCUSED BY THE COURT. FED . R. CIV .
P. 16(d).
8.
Any application for an extension of time beyond the
deadlines set herein shall be made in writing to the undersigned
and served upon all counsel prior to expiration of the period
sought to be extended, and shall disclose in the application all
such extensions
previously obtained,
the precise
reasons
necessitating the application showing good cause under FED . R. CIV .
P. 16(b), and whether adversary counsel agree with the application.
The schedule set herein will not be extended unless good cause is
shown.
THE FAILURE OF A PARTY OR ATTORNEY TO OBEY THIS ORDER MAY
RESULT IN THE IMPOSITION OF SANCTIONS UNDER FED . R. CIV . P. 16(f).
s/ Ann Marie Donio
ANN MARIE DONIO
United States Magistrate Judge
cc:
Hon. Noel L. Hillman
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
