Opinion
Case No. 2:09-cv-1081
03-27-2013
THE LITTLE HOCKING WATER ASSN., INC., Plaintiff, v. E.I. DU PONT DE NEMOURS AND COMPANY, Defendant.
Judge Smith
Magistrate Judge King
ORDER
The court conferred with counsel on March 26, 2013 regarding the pretrial schedule in this case.
Plaintiff has requested that defendant make available to plaintiff in Cincinnati, at plaintiff's expense, 31 boxes of documents recently produced by defendant. Because defendant represents that at least some of these documents are active and must remain reasonably available to DuPont and its counsel (for either counsel's review or for preparation of Rule 30(b)(6) witnesses), and because defense counsel, who must still conduct reviews of those documents, are not located in Cincinnati, the Court concludes that defendant's production of these documents at its counsel's offices in Charleston, West Virginia, is appropriate.
Defendant is ORDERED to produce, no later than April 2, 2013, the disclosures relevant to its non-specially retained experts, consistent with the provisions of Fed. R. Civ. P. 26(a)(2)(C).
The Court recently directed that certain depositions or re-opened depositions be completed by April 12, 2013 or April 19, 2013. Opinion and Order, Doc. No. 194. Defendant's request that these dates be extended by one (1) week, i.e., to April 12, 2013 or April 26, 2013, is GRANTED.
Plaintiff asks that defendant be required to correlate its recent production(s) of documents to the Court's specific directives for production. Because this issue, as well as certain other discovery issues, does not appear to be ripe for resolution by the Court, the Court DIRECTS the parties to pursue all reasonable extrajudicial means to resolve any on-going discovery dispute.
The Court DIRECTS the parties to complete, by May 31, 2013, all the non-expert discovery recently ordered by the Court. The Court will not permit any additional non-expert discovery except upon motion and a showing of good cause.
The Court will conduct another status conference on April 29, 2013, at 2:00 p.m. At that conference, the Court will expect to establish the date by which supplemental expert reports, if any, will be produced, the date by which the reports of rebuttal experts will be produced, the date by which expert discovery must be completed, and the date by which motions for summary judgment may be filed. The Court also expects to schedule mediation following the completion of expert discovery; the Court invites the parties' recommendations in that regard.
The Court will permit supplementation of primary expert reports only upon a showing of good cause specifically attributable to the recent discovery ordered by the Court.
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Norah McCann King
United States Magistrate Judge