Filed: May 08, 2017
Latest Update: May 08, 2017
Summary: STIPULATION AND ORDER TO HOLD EXPERT DEADLINES IN ABEYANCE SECOND REQUEST (Under Scheduling Order entered January 6, 2017, Dkt. # 76 NANCY J. KOPPE , District Judge . IT IS HEREBY STIPULATED, by and between: Plaintiff: COLIN BARCELOUX, through his counsel of record, Ryan Hamilton. Esq. of HAMILTON LAW, and Defendant: LIBBEY GLASS, INC., through its counsel of record, Brian K. Terry, Esq. of THORNDAL, ARMSTRONG, DELK, BALKENBUSH & EISINGER, 1. Discovery Completed to Date: A. Parties h
Summary: STIPULATION AND ORDER TO HOLD EXPERT DEADLINES IN ABEYANCE SECOND REQUEST (Under Scheduling Order entered January 6, 2017, Dkt. # 76 NANCY J. KOPPE , District Judge . IT IS HEREBY STIPULATED, by and between: Plaintiff: COLIN BARCELOUX, through his counsel of record, Ryan Hamilton. Esq. of HAMILTON LAW, and Defendant: LIBBEY GLASS, INC., through its counsel of record, Brian K. Terry, Esq. of THORNDAL, ARMSTRONG, DELK, BALKENBUSH & EISINGER, 1. Discovery Completed to Date: A. Parties ha..
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STIPULATION AND ORDER TO HOLD EXPERT DEADLINES IN ABEYANCE
SECOND REQUEST (Under Scheduling Order entered January 6, 2017, Dkt. # 76
NANCY J. KOPPE, District Judge.
IT IS HEREBY STIPULATED, by and between:
Plaintiff: COLIN BARCELOUX, through his counsel of record, Ryan Hamilton. Esq. of HAMILTON LAW, and
Defendant: LIBBEY GLASS, INC., through its counsel of record, Brian K. Terry, Esq. of THORNDAL, ARMSTRONG, DELK, BALKENBUSH & EISINGER,
1. Discovery Completed to Date:
A. Parties have propounded lengthy written discovery and parties have answered;
B. The parties have disclosed numerous records and evidence;
C. Deposition of Plaintiff (by Defendant The Light Group, LLC);
D. Parties have briefed a summary judgment motion;
2. Discovery that Remains to be Completed
A. Depositions of the Defendant's representatives;
B. Discovery of third-party distributor;
C. Deposition of third-party witnesses;
D. Disclosure of experts;
E. Depositions of the parties' experts (to be disclosed);
F. Additional written and deposition discovery as determined by the parties;
3. Why Discovery Was Not Completed Within the Limits Set by the Discovery Order
Plaintiff has moved to join third-party glassware distributor A&H Supply, Inc. as a defendant. Defendant Libbey Glass, Inc. has opposed Plaintiff's motion. The Court has set hearing on the motion for June 5, 2017. If the Court grants Plaintiff's motion it is likely that a new scheduling order will need to be entered in the case. The parties seek to hold the expert disclosure deadlines in abeyance until the Court has ruled on Plaintiff's motion.
4. Proposed Schedule for Completing Discovery
The current deadlines are as follows:
Last day to serve initial disclosures Closed
Last day to file a motion to add parties Closed
Or amend pleadings
Initial expert disclosure deadline: May 29, 2017
Interim Status Report May 29, 2017
Rebuttal expert disclosure deadline: June 28, 2017
Discovery cut off: July 28, 2017
Last day to file dispositive motions August 28, 2017
Joint Pretrial Order September 28, 2017
The proposed schedule for completing the remaining discovery is as follows:
Last day to serve initial disclosures Closed
Last day to file a motion to add parties Closed
Or amend pleadings
Initial expert disclosure deadline: abeyance
Interim Status Report May 29, 2017
Rebuttal expert disclosure deadline: abeyance
Discovery cut off: July 28, 2017
Last day to file dispositive motions August 28, 2017
Joint Pretrial Order September 28, 2017
5. Certificate of Conference and Stipulation
Counsel for the parties have conferred by email and telephone and have signed below, indicating their agreement to this Stipulation and Order to Hold the Expert Deadlines in Abeyance (Second Request).
The parties do not request a conference with the Magistrate before entry of an Amended Scheduling Order, should one be required.
The stipulation is GRANTED in part and DENIED in part, and the deadlines are set as follows:
Last day to serve initial disclosures Closed
Last day to file a motion to add parties Closed
Or amend pleadings
Initial expert disclosure deadline: abeyance June 19, 2017
Interim Status Report May 29, 2017
Rebuttal expert disclosure deadline: abeyance July 7, 2017
Discovery cut off: July 28, 2017
Last day to file dispositive motions August 28, 2017
Joint Pretrial Order September 28, 2017
