Opinion
Civil Action No. 09-cv-02976-LTB-BNB.
August 8, 2011
ORDER
As further set forth on the record at the hearing held on August 5, 2011, IT IS HEREBY ORDERED as follows:
1. Defendants' Motion to Continue Trial [Doc # 195] is DENIED;
2. The referral of Defendants' Motion to Amend Scheduling Order [Doc # 194] to the magistrate judge is WITHDRAWN, and the motion is GRANTED;
3. Defendants may depose Plaintiffs' experts Mr. Finocchiaro, Dr. Verdeal, Dr. Keller, and Dr. Aylesworth for up to 2 hours no later than August 19, 2011 on the limited issue of how Plaintiff Shirley Doll Koch's recovered memories bolster or change their expert opinions;
4. A hearing is set for September 8, 2011 at 9:00 a.m. on (1) Plaintiffs' Motion to Exclude Evidence Pertaining to Drugs [Doc # 198]; (2) Plaintiffs' Motion to Exclude All Evidence Proffered by Treating Physician Donald Ross, M.D. and Retained Expert Physician Stephen Cantrill, M.D. that Mrs. Koch's injuries Were Caused by a Drug Overdose [Doc # 199]; (3) Plaintiffs' Motion to Exclude Certain Testimony re: Defendants' IME Expert Witness Gary S. Gutterman, M.D. [Doc # 200]; and (4) Plaintiffs' Motion to Exclude All Opinion Testimony of Defense Expert David A. Krauss [Doc # 204];
5. No further motions shall be filed in this case;
6. Plaintiffs' deposition designations are due on or before August 10, 2011; Defendants' depositions designations are due on or before August 24, 2011; and Plaintiff's rebuttal deposition designations are due on or before September 7, 2011;
7. On or before September 13, 2011, the parties shall file their witness lists; exhibits lists with stipulations and objections; one set of jury instructions with authority; proposed voir dire questions; and video depositions with written transcripts; and
8. A trial preparation conference is set in this case for September 15, 2011 at 9:00 a.m.