Filed: Jan. 08, 2018
Latest Update: Jan. 08, 2018
Summary: STIPULATED MOTION AND ORDER REGARDING RESETTING CERTAIN DISCOVERY AND MEDIATION DEADLINES STIPULATION ROBERT S. LASNIK , District Judge . The Parties to this action, by and through their undersigned counsel, jointly request that the Court modify the Amended Order Setting Trial Date and Related Dates (dkt #183) to extend certain discovery deadlines and the mediation deadline in light of developments in this case. First, the parties would like to extend the settlement conference deadline b
Summary: STIPULATED MOTION AND ORDER REGARDING RESETTING CERTAIN DISCOVERY AND MEDIATION DEADLINES STIPULATION ROBERT S. LASNIK , District Judge . The Parties to this action, by and through their undersigned counsel, jointly request that the Court modify the Amended Order Setting Trial Date and Related Dates (dkt #183) to extend certain discovery deadlines and the mediation deadline in light of developments in this case. First, the parties would like to extend the settlement conference deadline by..
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STIPULATED MOTION AND ORDER REGARDING RESETTING CERTAIN DISCOVERY AND MEDIATION DEADLINES
STIPULATION
ROBERT S. LASNIK, District Judge.
The Parties to this action, by and through their undersigned counsel, jointly request that the Court modify the Amended Order Setting Trial Date and Related Dates (dkt #183) to extend certain discovery deadlines and the mediation deadline in light of developments in this case.
First, the parties would like to extend the settlement conference deadline by one day, i.e., from February 28, 2018 to March 1, 2018, to accommodate mediator Jed Melnick's schedule. Second, the parties would like to extend the discovery cutoff and expert discovery deadlines due to practical and logistical issues associated with preserving testimony for trial from third party witnesses and production of historic documents concerning events that occurred at a bank that no longer exists. More specifically, the witnesses in this case are being asked to recall events and interpret documents that occurred in 2007 and earlier. Many of the witnesses are unavailable for trial, none work for Washington Mutual Bank at this time, the witnesses are spread across the country, there are logistical issues associated with scheduling their depositions, and the depositions are for trial testimony. Likewise, the FDIC-R has had logistical issues in locating and producing historic documents, and it has obtained additional documents that it is currently in the process of reviewing and producing relevant to certain witnesses. Accordingly, the parties need additional time to complete its trial depositions, and experts will rely upon this testimony. The parties have worked diligently to conduct eleven depositions (most of them in the past three months) in South Carolina, Florida, Washington, and Wisconsin. Additional depositions are scheduled in New York, London, Missouri, Texas and Oklahoma. The parties believe that they can complete their work within the proposed deadlines, and they are focused on preparing the case for a trial in June.
If granted, this Motion would make the following indicated changes to the Court's prior case schedule:
TRIAL DATE June 4, 2018
Reports from expert witnesses under FRCP 26(a)(2) due January 20, 2018
February 23, 2018
All motions related to discovery must be noted on the motion
calendar no later than the Friday before discovery closes pursuant
to LCR 7(d) or LCR 37(a)(2)
Fact Discovery completed by February 4, 2018
February 28, 2018
Supplemental/rebuttal reports from experts March 9, 2018
Expert depositions completed by February 20, 2018
March 23, 2018
Settlement conference held no later than February 28, 2018
March 1, 2018
All dispositive motions must be filed by and noted on the motion March 6, 2018
calendar no later than the fourth Friday thereafter (see LCR
7(d)(3)) March 23, 2018
All motions in limine must be filed by and noted on the motion May 7, 2018
calendar no earlier than the second Friday thereafter.
Replies will be accepted.
Agreed pretrial order due May 23, 2018
Pretrial conference to be scheduled by the Court
Trial briefs, proposed voir dire questions, proposed jury May 30, 2018
instructions, and trial exhibits due
Length of Trial: 10-15 days Jury
IT IS SO STIPULATED.
IT IS SO ORDERED.
