Opinion
9920-21
02-06-2023
GALE E. STEPHENS & ANNE MSTEPHENS,, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Ronald L. Buch Judge
On January 27, 2023, the parties filed a joint status report proposing a pretrial schedule. Consistent with that schedule, it is
ORDERED that this case is calendared for trial at the Special Session of the Court scheduled to commence at 10:00 a.m. on Tuesday, October 10, 2023, in Courtroom 1069, Levin U.S. Courthouse, 231 W. LaFayette Blvd., Detroit, Michigan 48226. The Court anticipates the trial will last no longer than 9 days. It is further
ORDERED that the following is the pretrial schedule:
1. The parties shall serve all requests for production of documents and interrogatories by May 5, 2023.
2. The parties shall serve all requests for admissions by May 5, 2023.
3. All motions to compel responses to discovery or to review the sufficiency of answers or objections to requests for admission, as well as any motions for sanctions regarding discovery, shall be filed and served on the opposing party by June 23, 2023.
4. The parties shall serve all notices for depositions to be taken pursuant to Rules 74(b) and (c), file all motions to take the deposition of a party pursuant to Rule 74(c)(3)(A), and file all stipulations for taking of a deposition with consent pursuant to Rule 74(b), by June 30, 2023.
5. All motions to compel the taking of a deposition shall be filed by the party seeking the deposition by June 30, 2023, and all motions to compel answers to questions posed at a deposition in progress must be filed within seven days after the refusal to answer occurred.
6. Any motion to compel stipulation pursuant to Rule 91(f) shall be filed by July 7, 2023.
7. All motions for summary judgment, partial summary judgment, or any other dispositive motions, or motions to bifurcate, shall be filed and served on the opposing party by July 7, 2023.
8. Any motion for document subpoena hearing shall be filed by July 14, 2023.
9. Any opening expert witness report, prepared in accordance with Rule 143(g), shall be lodged with the Court and electronically served on the opposing party by July 21, 2023. The parties shall at the same time identify in writing and exchange all documents, except those stipulated or previously exchanged by the parties, relied upon by an expert in the preparation of his or her report. The parties are prohibited from calling any expert witness as part of their cases in chief (opening experts) for whom such a report has not been submitted by July 21, 2023.
10. Any rebuttal expert witness report, prepared in accordance with 143(g), shall be lodged with the Court and electronically served on the opposing party by August 18, 2023. The parties shall at the same time identify in writing and exchange all documents, except those stipulated or previously exchanged by the parties, relied upon by an expert in the preparation of his or her report. The parties are prohibited from calling any expert witness on rebuttal (rebuttal experts) for whom a rebuttal report has not been submitted by August 18. 2023.
11. The parties shall exchange by August 21, 2023, all documents that may be relied upon at trial that were not previously stipulated or exchanged, except those to be used solely for impeachment purposes. Any documents not so exchanged will not be received into evidence unless otherwise agreed to by the parties or allowed by the Court for good cause shown.
12. The first stipulation of facts shall be lodged with the Court by August 23, 2023.
13. Each party shall file a pretrial memorandum by August 30, 2023. The pretrial memoranda shall list all witnesses who will or may testify at trial, including all experts, and provide brief summaries of the anticipated testimony of those witnesses. Witnesses who are not identified will not be permitted to testify without leave of Court upon sufficient showing of good case.
14. All motions in limine with respect to expert reports or any evidentiary issue, including motions to strike all or part of any expert report, or motions to shift the burden of proof, shall be filed and served on the opposing party by September 8, 2023.
15. All supplemental stipulations of facts and referenced exhibits shall be lodged with the Court by September 18, 2023.