Filed: Apr. 20, 2016
Latest Update: Apr. 20, 2016
Summary: STIPULATION AND ORDER TO REOPEN DISCOVERY RICHARD F. BOULWARE, II , District Judge . WHEREAS, by Order of this Court dated February 3, 2016 (Doc. #30), this case was set for trial on May 17, 2016 with a Calendar Call to take place on May 10, 2016; and WHEREAS, after this matter was scheduled for trial, Defense counsel learned that Plaintiff was involved in what is believed to be a serious motor vehicle accident that occurred during the latter part of 2015; and WHEREAS, Plaintiff's claims
Summary: STIPULATION AND ORDER TO REOPEN DISCOVERY RICHARD F. BOULWARE, II , District Judge . WHEREAS, by Order of this Court dated February 3, 2016 (Doc. #30), this case was set for trial on May 17, 2016 with a Calendar Call to take place on May 10, 2016; and WHEREAS, after this matter was scheduled for trial, Defense counsel learned that Plaintiff was involved in what is believed to be a serious motor vehicle accident that occurred during the latter part of 2015; and WHEREAS, Plaintiff's claims ..
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STIPULATION AND ORDER TO REOPEN DISCOVERY
RICHARD F. BOULWARE, II, District Judge.
WHEREAS, by Order of this Court dated February 3, 2016 (Doc. #30), this case was set for trial on May 17, 2016 with a Calendar Call to take place on May 10, 2016; and
WHEREAS, after this matter was scheduled for trial, Defense counsel learned that Plaintiff was involved in what is believed to be a serious motor vehicle accident that occurred during the latter part of 2015; and
WHEREAS, Plaintiff's claims for damages in this litigation includes damages for future medical treatment for the rest of Plaintiff's life; and
WHEREAS, Plaintiff has received medical treatment after her 2015 motor vehicle accident which included treatment to the same areas of the body which Plaintiff is claiming were injured at the SMITH'S grocery store; and
WHEREAS, the parties agree that it is necessary to reopen discovery to allow the parties to discover information about Plaintiff's 2015 motor vehicle accident, the injuries caused by said accident, and to evaluate and have experts opine on the impact that the 2015 accident has on upon the damages being claimed in this case;
IT IS HEREBY STIPULATED AND AGREED that the trial date of May 17, 2016 be vacated and that discovery be reopened for a period of 90 days to allow the Plaintiff to complete her treatment from the 2015 accident, for the parties to recover all of the medical records subsequent to the 2015 accident, and for the parties to have their respective experts review and analyze the additional medical evidence and revise their expert reports on how the 2015 accident and the new evidence arising therefrom affects the damages in this case.
The parties further agree that if this stipulation is approved by the Court, the parties will submit a revised discovery plan to the Court for approval.
Respectfully submitted this 12th day of April, 2016.
ORDER
IT IS ORDERED that the trial date of May 17, 2016 is vacated and that discovery be reopened for a period of 90 days. It is further ordered that the parties shall submit a proposed discovery plan and scheduling order to this Court for approval within two weeks of the date of this Order.
