Filed: Mar. 01, 2017
Latest Update: Mar. 01, 2017
Summary: ORDER AFTER INFORMAL TELEPHONIC CONFERENCE (Doc. 23) ORDER GRANTING STIPULATION TO AMEND CASE SCHEDULE (Doc. 22) JENNIFER L. THURSTON , Magistrate Judge . At the request of the Court, counsel participated in an informal telephonic conference. (Doc. 23) At the conference, counsel discussed the issues raised in the motion to stay (Doc. 20) and were able to agree that the motion can be resolved by a stipulation to amend the complaint to name the possible other heirs. Likewise, the Court discu
Summary: ORDER AFTER INFORMAL TELEPHONIC CONFERENCE (Doc. 23) ORDER GRANTING STIPULATION TO AMEND CASE SCHEDULE (Doc. 22) JENNIFER L. THURSTON , Magistrate Judge . At the request of the Court, counsel participated in an informal telephonic conference. (Doc. 23) At the conference, counsel discussed the issues raised in the motion to stay (Doc. 20) and were able to agree that the motion can be resolved by a stipulation to amend the complaint to name the possible other heirs. Likewise, the Court discus..
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ORDER AFTER INFORMAL TELEPHONIC CONFERENCE (Doc. 23)
ORDER GRANTING STIPULATION TO AMEND CASE SCHEDULE (Doc. 22)
JENNIFER L. THURSTON, Magistrate Judge.
At the request of the Court, counsel participated in an informal telephonic conference. (Doc. 23) At the conference, counsel discussed the issues raised in the motion to stay (Doc. 20) and were able to agree that the motion can be resolved by a stipulation to amend the complaint to name the possible other heirs. Likewise, the Court discussed with counsel their stipulation to amend the case schedule and received additional information demonstrating good cause to do so. Thus, the Court ORDERS:
1. No later than March 3, 2017, plaintiffs' counsel SHALL provide a copy (via e-mail) to opposing counsel of the divorce decree related to the decedent's first marriage;
2. No later than March 6, 2017, counsel for the County defendants SHALL circulate to other counsel a draft of the stipulation allowing the plaintiffs to amend their complaint to add only the possible omitted heirs. The amended complaint will not change the nature of the complaint or add any causes of action and SHALL only join the possible omitted heirs. Counsel SHALL notify Mr. Thomson immediately of any changes needed to the stipulation;
3. No later than March 8, 2017, counsel for plaintiffs SHALL circulate to other counsel the finalized stipulation along with the proposed first amended complaint. Counsel SHALL notify Ms. Jones immediately of any changes needed to the amended complaint;
4. No later than March 10, 2017, counsel SHALL file the stipulation with the proposed first amended complaint;
5. To allow time to draft the stipulation and the first amended complaint, the opposition to the motion to stay (Doc. 20) is continued to March 13, 2017 and the reply is due March 17, 2017. In making this change, the Court recognizes the motion WILL NOT go forward1 and, indeed, if there is any insurmountable impediment encountered to filing the stipulation described above by March 10, 2017, counsel SHALL immediately seek a telephonic conference with Judge Thurston;
6. The stipulation (Doc. 22) to amend the case schedule (Doc. 11) is GRANTED and the case schedule is amended as follows:
a. Experts SHALL be disclosed no later than April 12, 2017 and any rebuttal experts SHALL be disclosed no later than May 5, 2017;
b. All expert discovery SHALL be completed no later than June 9, 2017;
c. Non-dispositive motions SHALL be filed no later than June 23, 2017 and heard no later than July 21, 2017;
d. Dispositive motions SHALL be filed no later than June 23, 2017;
e. The pretrial conference is CONTINUED to November 62, 2017 at 3:30 p.m.;
f. The trial is CONTINUED to January 9, 2018 at 8:30 a.m.
No other amendments to the case schedule are authorized.3
IT IS SO ORDERED.
