Opinion
Civil Action Number: 3:10-1978-CMC.
June 29, 2011
OPINION and ORDER
This matter is before the court on Plaintiff's complaint asserting causes of action under the Perishable Agricultural Commodities Act ("PACA"), 7 U.S.C. § 499e, as well as certain state law claims. Defendants have also asserted counterclaims of breach of contract and unjust enrichment against Plaintiff.
On June 29, 2011, this court relieved Plaintiff's counsel and referred this case to a United States Magistrate Judge. The dispositive motions deadline having passed, the court hereby withdraws the reference, as the only remaining issues in this case are for trial. Plaintiff is specifically reminded that failure to comply with deadlines pertaining to trial contained in the Consent Amended Scheduling Order entered March 21, 2011, a copy of which is attached to this Order, and deadlines contained in other orders and/or notices and/or failure to appear for trial may result in dismissal of this matter with prejudice.
IT IS SO ORDERED.
CONSENT AMENDED SCHEDULING ORDER
Pursuant to the Federal Rules of Civil Procedure and the Local Civil Rules of this Court, the Conference and Scheduling Order originally entered in this matter on October 8, 2010 is amended, and the following schedule is established for this case.1. Discovery shall be completed no later than May 30, 2011. All discovery requests shall be served in time for the responses thereto to be served by this date. De bene esse depositions must be completed by discovery deadline.
2. All motions, except those to complete discovery, those nonwaivable motions made pursuant to Fed.R.Civ.P. 12, and those relating to the admissibility of evidence at trial, shall be filed on or before June 13, 2011. (Fed.R.Civ.P. 16(b)(2)).
3. No later than August 22, 2011 the parties shall file and exchange Fed.R.Civ.P. 26(a)(3) pretrial disclosures. Within fourteen (14) days thereafter, a party shall file and exchange Fed.R.Civ.P. 26(a)(3) objections, any objections to use of a deposition designated by another party and any deposition counter-designations under Fed.R.Civ.P. 32(a)(4).
4. Motions in limine must be filed by October 12, 2011.
5. Parties shall furnish the Court pretrial briefs seven (7) days prior to the date set for jury selection (Local Civil Rule 26.05). Attorneys shall meet at least seven (7) days prior to the date set for submission of pretrial briefs for the purpose of exchanging and marking all exhibits. See Local Civil Rule 26.07.
Judge Currie requires that pretrial briefs be filed with the Clerk of Court as part of the public record and served on opposing parties.
6. This case is subject to being called for jury selection and/or trial on or after November 15, 2011.
The parties' attention is directed to the Notice of Availability of United States Magistrate Judge to Exercise Jurisdiction. A copy of the form is available in the Clerk's office or at the Court's internet site athttp://www.scd.uscourts.gov.
March 21, 2011 Columbia, South Carolina