Filed: May 16, 2017
Latest Update: May 16, 2017
Summary: JOINT STIPULATION TO CONTINUE DISCOVERY CUT-OFF AND RELATED DEADLINES; ORDER MORRISON C. ENGLAND, Jr. , District Judge . TO THE HONORABLE COURT: Plaintiff, Woodland Tractor and Equipment Co., Inc., and Defendant, CNH Industrial America, LLC, by and through their respective counsel of record, hereby join in requesting that the Court adjust the Pretrial Scheduling Order by continuing the discovery cut-off for both expert and non-expert discovery, as well as the Motion Hearing Schedule in or
Summary: JOINT STIPULATION TO CONTINUE DISCOVERY CUT-OFF AND RELATED DEADLINES; ORDER MORRISON C. ENGLAND, Jr. , District Judge . TO THE HONORABLE COURT: Plaintiff, Woodland Tractor and Equipment Co., Inc., and Defendant, CNH Industrial America, LLC, by and through their respective counsel of record, hereby join in requesting that the Court adjust the Pretrial Scheduling Order by continuing the discovery cut-off for both expert and non-expert discovery, as well as the Motion Hearing Schedule in ord..
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JOINT STIPULATION TO CONTINUE DISCOVERY CUT-OFF AND RELATED DEADLINES; ORDER
MORRISON C. ENGLAND, Jr., District Judge.
TO THE HONORABLE COURT:
Plaintiff, Woodland Tractor and Equipment Co., Inc., and Defendant, CNH Industrial America, LLC, by and through their respective counsel of record, hereby join in requesting that the Court adjust the Pretrial Scheduling Order by continuing the discovery cut-off for both expert and non-expert discovery, as well as the Motion Hearing Schedule in order to allow the parties to complete necessary discovery and participate in a meaningful mediation.
This request is based upon the following stipulation and statement of counsel:
1. Pursuant to the Court's Amended Pretrial Scheduling Order [Dkt. # 18], all non-expert discovery is to be completed by June 2, 2017.
2. Pursuant to the Court's Amended Pretrial Scheduling Order [Dkt. # 16], expert witness disclosures are to be made by May 15, 2017.
3. Pursuant to the Court's Amended Pretrial Scheduling Order [Dkt. # 16], the last day to hear dispositive motions is August 24, 2017.
2. Counsel for Plaintiff and Defendant have diligently and professionally worked together to timely complete discovery. In addition to initial disclosures, the parties have exchanged multiple sets of written discovery and requests for responsive documents, which was necessary before commencing depositions.
3. To date, the parties have completed the following depositions:
a. James Burnside (Defendant's former employee) (Session I; Session II is in the process of being scheduled)
b. Brad Preston (Defendant's employee)
c. Gary Chaney (Defendant's employee)
d. Ray Duke (Defendant's employee)
e. Seth Tansey (Defendant's employee)
f. Jeff Huckins (Plaintiff's President and CEO (Session I; Session II is in the process of being scheduled)
g. Tari Vinson (Plaintiff's former employee)
h. Jason Brown (Plaintiff's former employee)
4. The parties are in the process of scheduling and completing the second sessions of depositions of Jeff Huckins and James Burnside. Additionally, the parties are in the process of scheduling the depositions of multiple 30(b)(6) witnesses, multiple third-party witnesses, and multiple former employees of the parties.
5. Further, the parties have exchanged additional written discovery based upon the testimony of the above-noted deponents. The parties have met and conferred, and continue to work together to complete this outstanding discovery.
6. In light of the foregoing, both parties acknowledge and request that the non-expert discovery cut-off to be continued to complete all outstanding discovery. Both parties also acknowledge that the expert disclosure deadline and dispositive motion deadlines have been correspondingly impacted. In order for the parties to make complete expert disclosures and prepare fully supported dispositive motions, the completion of all non-expert discovery must be done first.
7. Additionally, at the conclusion of non-expert discovery, the parties have expressed interest and an intent to participate in private mediation in hopes of resolving this matter prior to trial.
8. As the parties have been cooperating to complete discovery as efficiently as possible, have agreed to complete the outstanding depositions and potential additional discovery as soon as reasonably possible, have agreed that the completion of non-expert discovery is necessary before completion of expert disclosures and dispositive motions, and plan to participate in meaningful mediation, the parties request continuance of the non-expert discovery completion deadline, expert disclosure deadline, and last day for hearing dispositive motions (including the related Motion Hearing Schedule).
9. Accordingly, good cause exists to continue the non-expert discovery deadline and the parties jointly request that the Court further amend the AMENDED PRETRIAL SCHEDULING ORDER as follows:
Event Current Deadline Proposed Deadline
Completion of non-expert June 2, 2016 August 14, 2017
Discovery, as defined in
Section I of Dkt. #16
Disclosure of Expert May 15, 2017, as set forth in September 4, 2017
Witnesses Section II of Dkt. #16
Last Day to Hear Dispositive August 24, 2017, as set forth November 20, 2017
Motions and accompanying in Section III of Dkt. #16
Motion Hearing Scheduling
ORDER
Upon reviewing the parties Joint Stipulation to Continue the Discovery Cut-Off and Related Deadlines, and the Court finding good cause to modify its September 7, 2016 and March 16, 2017 Amended Pretrial Scheduling Orders, the Court Orders as follows:
The current non-expert discovery completion date of June 2, 2017, as defined in Section I of ECF No. 16, is hereby continued to August 14, 2017.
The current expert disclosure deadline of May 15, 2017, as defined in Section II of ECF No.16, is hereby continued to September 4, 2017.
The last day to hear dispositive motions of August 24, 2017 is hereby continued to November 20, 2017. The accompanying Motion Hearing Schedule, as set forth in Section III of ECF No. 16, shall be set from the new November 20 hearing date.
IT IS SO ORDERED.
