Ballard et al v. Union Carbide Corporation et al, No. 2:2011cv00366 - Document 201 (S.D.W. Va. 2012)

Court Description: MEMORANDUM OPINION AND ORDER re: 194 DEFENDANTS' EXPEDITED MOTION to Modify October 5, 2012 181 Scheduling Order and Compel the Deposition of Steven Cole, directing that the 11/2/2012 deadline for defendants' counter-expert report s is held in abeyance pending the court's ruling on the residue of the defendants' expedited motion; in the event that the parties are unable to earlier resolve amicably the disputes mentioned in the expedited motion, the plaintiffs are directed to respond to the expedited motion by 11/5/2012, with the defendants' reply filed by 11/6/2012. Signed by Judge John T. Copenhaver, Jr. on 11/2/2012. (cc: attys; any unrepresented parties) (taq)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT CHARLESTON JAMES COLEMAN and LARRY KIMBRO and CARL MOTEN and ADELLE NEWBELL and PHILLIP SCHULTE and NAOMI TACKETT and DAVID TAMPLIN and CAROLYN TURNER and PATRICIA WARD and TERRY WHITE and BRIAN and CYNTHIA WRIGHT, husband and wife, all of whom are residents of the State of West Virginia, Plaintiffs, v. Civil Action No. 2:11-0366 UNION CARBIDE CORPORATION, a Delaware corporation, having its principal place of business in the State of West Virginia and THE DOW CHEMICAL COMPANY, a Delaware corporation, with its principal place of business in Michigan, and EMC ALLOY, L.P. f/k/a ELKEM METALS COMPANY -- ALLOY, L.P., a Norwegian corporation, having its principal offices in the State of Pennsylvania, and GLOBE SPECIALTY METALS, INC., a Delaware corporation, having its principal place of business in the State of New York, and GLOBE METALLURGICAL, INC., a Delaware corporation, having its principal place of business in the State of Ohio, and WEST VIRGINIA ALLOYS, INC., a Delaware corporation, having its principal place of business in the State of West Virginia, and WVA MANUFACTURING LLC, a Delaware corporation, having its principal place of business in the State of West Virginia, Defendants. MEMORANDUM OPINION AND ORDER Pending is the "DEFENDANTS EXPEDITED MOTION TO (1) MODIFY OCTOBER 5, 2012 SCHEDULING ORDER AND (2) COMPEL THE DEPOSITION OF STEVEN COLE, ('expedited motion')," filed October 31, 2012. The defendants seek, in part, an order permitting them leave to depose plaintiffs' expert Greg Haunschild before the deadline for the defendants' counter-expert reports, which is today. The court ORDERS that the November 2, 2012, deadline for defendants' counter-expert reports be, and it hereby is, held in abeyance pending the court's ruling on the residue of the defendants' expedited motion. In the event that the parties are unable to earlier resolve amicably the disputes mentioned in the expedited motion, it is further ORDERED that the plaintiffs be, and they hereby are, directed to respond to the expedited motion no later than November 5, 2012, with the defendants' reply filed by November 6, 2012. The Clerk is directed to forward copies of this order to all counsel of record and any unrepresented parties. DATED: November 2, 2012 John T. Copenhaver, Jr. United States District Judge 2

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