Eden et al v. Joseph Car Transport, LLC et al, No. 1:2022cv00236 - Document 86 (S.D.W. Va. 2023)
Court Description: MEMORANDUM OPINION AND ORDER granting the parties' 83 JOINT MOTION to Extend the Scheduling Order as follows: Expert witnesses: The party bearing the burden of proof shall make the disclosures no later than 6/30/2023. The party not bearing bur den of proof shall make disclosures by 8/11/2023. All parties shall provide the disclosures to solely contradict or rebut evidence no later than 8/21/2023. All discovery depositions are to be completed by 9/12/2023, which is the discovery completion date. All dispositive motions, except those filed under Rule 12(b), shall be filed and served by 9/26/2023, with responses and replies due thereafter in accordance with the Local Rules. No later than 10/17/2023, parties and their counsel shall meet to conduct settlement negotiations. All motions in limine shall be filed and served by 10/24/2023, with responses due by 10/31/2023. Plaintiffs' portion of the proposed integrated pretrial order is due to opposing counsel by 10/19/2023, who shall then prepare the opposing portion thereof and submit the proposed integrated pretrial order no later than 10/26/2023. A final pretrial conference shall be held at 3:30 PM, on 11/13/2023, in Bluefield. Proposed charge to the jury submitted by 11/30/2023. A final settlement conference shall be held at 10:30 AM, on 12/4/2023, in Bluefield. Trial of this action shall be held at 9:30 AM, on 12/5/2023, in Bluefield. Mediation shall occur on or before 9/22/2023. Signed by Senior Judge David A. Faber on 5/4/2023. (cc: counsel of record and any unrepresented party) (arb)
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Eden et al v. Joseph Car Transport, LLC et al Doc. 86 Case 1:22-cv-00236 Document 86 Filed 05/04/23 Page 1 of 5 PageID #: 513 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD MICHAEL EDEN and ELIZABETH A. EDEN, Plaintiffs, v. CIVIL ACTION NO. 1:22-00236 JOSEPH CAR TRANSPORT, et al., Defendants. MEMORANDUM OPINION AND ORDER Pending before the court is the parties’ joint motion to extend the scheduling order in this matter. (ECF No. 83.) For good cause shown, that motion is GRANTED, and it is hereby ORDERED as follows: 1. Expert witnesses: The party bearing the burden of proof on an issue shall make the disclosures of information required by Fed. R. Civ. P. 26(a)(2)(A) and (B) for that issue to all other parties or their counsel no later than June 30, 2023. The party not bearing the burden of proof on an issue shall make the disclosures required by Fed. R. Civ. P. 26(a)(2)(A) and (B) for that issue to all other parties or their counsel no later than August 11, 2023. Rebuttal expert disclosures must be made no later than August 21, 2023. 2. Discovery: The parties shall complete all discovery depositions by September 12, 2023. The last date to complete Dockets.Justia.com Case 1:22-cv-00236 Document 86 Filed 05/04/23 Page 2 of 5 PageID #: 514 depositions shall be the “discovery completion date” by which all discovery, including disclosures required by Fed. R. Civ. P. 26(a)(1)(2), but not disclosures required by Fed. R. Civ. P. 26(a)(3), should be completed. 3. Dispositive motions: All dispositive motions, except those under Rule 12(b), together with depositions, admissions, documents, affidavits or other exhibits, and a memorandum in support of such motions shall be filed by September 26, 2023, with responses and replies due thereafter in accordance with the Local Rules. 4. Settlement meeting and Rule 26(a)(3) disclosures: (a) Settlement meeting. No later than October 17, 2023, counsel and unrepresented parties shall meet to conduct settlement negotiations. Lead trial counsel for plaintiff shall take the initiative in scheduling such meeting; all other counsel shall cooperate in the effort to achieve a successful negotiation and settlement. Counsel and unrepresented parties must be prepared at the pretrial conference to certify that they tried in their meeting to settle the case. (b) Rule 26(a)(3) disclosures. If the case is not settled at the meeting, and if there is no order or stipulation to the contrary, counsel and unrepresented parties shall make all Rule 26(a)(3) disclosures at the meeting. 2 Case 1:22-cv-00236 Document 86 Filed 05/04/23 Page 3 of 5 PageID #: 515 5. Motions in Limine. All motions in limine shall be filed and served by October 24, 2023, with responses due by October 31, 2023. 6. Proposed integrated pretrial order: Plaintiff will submit its portion of the pretrial order to defendants no later than October 19, 2023. The parties shall prepare and file a proposed integrated pretrial order no later than October 26, 2023. The proposed integrated pretrial order, signed by all counsel and unrepresented parties, shall set forth the matters listed in Local Rule 16.7(b). 7. Pretrial conference: A final pretrial conference shall be held at 3:30 p.m. on November 13, 2023, in Bluefield, at which unrepresented parties and lead trial counsel for represented parties shall appear, fully prepared to discuss all aspects of the case. Individuals with full authority to settle the case for each party shall be present in person or immediately available by telephone. 8. Pretrial order: Following the pretrial conference, the judicial officer shall enter a final pretrial order, which shall be modified only to prevent manifest injustice. 9. Proposed charge to the jury: No later than November 30, 2023, counsel and unrepresented parties shall submit to the judicial officer proposed jury instructions in narrative or Case 1:22-cv-00236 Document 86 Filed 05/04/23 Page 4 of 5 PageID #: 516 charge form on substantive theories of recovery or defense, on damages, and on evidentiary matters peculiar to the case, and special interrogatories, if any be appropriate to the case. The proposed instructions shall be exchanged by counsel and unrepresented parties prior to their submission to the judicial officer. Unless ordered by the judicial officer, such submissions shall not be filed and made a part of the record. The parties shall also provide a copy of the instructions to the court in Word compatible format. 10. Final settlement conference: A final settlement conference, attended by all unrepresented parties and by lead trial counsel for each represented party, shall be held at 10:30 a.m., on December 4, 2023, in Bluefield. Individuals with full authority to settle the case for each party shall be present in person or immediately available by telephone. 11. Trial: Trial of this action shall be held at 9:30 a.m. on December 5, 2023, in Bluefield. 12. Mediation: Any mediation shall occur on or before September 22, 2023. 13. Failure to appear or negotiate: At least one of the attorneys for each party and all unrepresented parties participating in any conference before trial shall have authority to make decisions as to settlement, stipulations and 4 Case 1:22-cv-00236 Document 86 Filed 05/04/23 Page 5 of 5 PageID #: 517 admissions on all matters that the participants reasonably anticipate may be discussed. Counsel and parties are subject to sanctions for failures and lack of preparation specified in Rule 16(f) respecting pretrial conferences or orders. The Clerk of the Court is directed to send a copy of this Amended Scheduling Order to all counsel of record and to any unrepresented party. IT IS SO ORDERED this 4th day of May, 2023. ENTER: David A. Faber Senior United States District Judge
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