Opinion
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10-12-2023
SKYLAB SERIES OF FORTRESS INSURANCE, LLC, ET AL., Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
SCHEDULING ORDER
Ronald L. Buch Judge
On September 29, 2023, the parties filed separate Status Reports in which they proposed competing pretrial schedules. Informed by the parties' competing proposed schedules, it is
ORDERED that the parties shall adhere to the following pretrial deadlines:
1.Informal discovery must be sought at least 30 days before formal discovery is sought as to the same documents or information.
2.By June 14, 2024, the parties shall serve any requests for formal discovery on the opposing party, including requests for production of documents and interrogatories.
3.Also by June 14, 2024, the parties shall file any requests for admission.
4.By July 12, 2024, the parties shall submit to the Court a First Stipulation of Facts together with exhibits.
5.By July 19, 2024, the parties shall file any notices of deposition of nonparty fact witnesses under Rules 74(b)(2) and 74(c)(2).
6.By July 26, 2024, the parties shall file any motions to compel depositions of party witnesses under Rule 74(c)(3).
7.By August 2, 2024, the parties shall file any motions to compel production of documents or to compel responses to interrogatories per Rule 104.
8.By August 9, 2024, the parties shall file any motions with respect to pleadings, including motions for leave to amend the pleadings.
9.By August 30, 2024, the parties shall file any motions to compel depositions of nonparty fact witnesses under Rules 74(b)(2) and 74(c)(2).
10.By September 30, 2024, the parties shall take any depositions without leave of Court.
11.By October 4, 2024, the parties shall file any motions for summary judgment or other dispositive motions.
12.By November 1, 2024, the parties shall file any motions to compel stipulations per Rule 91(f).
13.Also by November 1, 2024, the parties shall file any motions to review the sufficiency of responses to requests for admissions per Rule 90(e).
14.By November 8, 2024, the parties shall exchange and submit to the Court any opening expert witness reports, prepared in accordance with Rule 143(g), and the parties will be prohibited, without leave of the Court, from calling any expert witness as part of their case in chief for whom such a report has not been exchanged and submitted by this date.
15.By November 15, 2024, the parties shall identify in writing to the other party any facts and assumptions given by the party and considered or relied upon by that party's experts (per Rule 143(g)(1)(B)) and exchange any such documents that have not already been produced. Draft reports of experts will not be produced or discoverable by either party (Rule 70(c)(4)(A)) and communications between a party's counsel and an expert will not be produced, except as provided in Rule 70(c)(4)(B).
16.By November 22, 2024, the parties shall file all responses to motions to compel stipulations.
17.By December 27, 2024, the parties shall file all stipulations of fact, together with exhibits.
18.Also by December 27, 2024, the parties shall exchange and submit to the Court any rebuttal expert witness reports, setting forth any comments on the other party's experts' reports. Such rebuttal reports shall be prepared in accordance with Rule 143(g), and the parties will be prohibited, without leave of the Court, from calling any expert witness on rebuttal for whom such a report has not been exchanged and submitted by such date.
19.By January 3, 2025, the parties shall identify in writing to the other party all facts and assumptions given by the party and considered or relied upon by that party's rebuttal experts (per Rule 143(g)(1)(B)) and exchange any such documents that have not already been produced. Draft reports of rebuttal experts will not be produced or discoverable by either party (Rule 70(c)(4))(A)) and communications between a party's counsel and a rebuttal expert will not be produced or discoverable by either party, except as provided in Rule 70(c)(4)(B).
20.By January 10, 2025, the parties shall file pretrial memoranda.
21.Also by January 10, 2025, the parties shall identify in writing and exchange any documents and materials to be offered as evidence at trial (except written materials to be used solely for impeachment), but that are not stipulated. Any written materials not so identified and exchanged will not be received into evidence unless otherwise agreed to by the parties or allowed by the Court for good cause shown.
22.By January 17, 2025, the parties shall file any motions in limine or other pre-trial motions. 23.By January 31, 2025, the parties shall file any supplements to expert reports.
24.Also by January 31, 2025, the parties shall identify and exchange any demonstrative exhibits expected to be used during opening statements.
25.February 10, 2025, trial begins.