Opinion
No. 6:00cv595
September 24, 2001
DISCOVERY DOCKET CONTROL ORDER
The Court has previously issued a Notice of Scheduling Conference for the above-styled and numbered cause of action. This notice contained a proposed schedule for the parties to discuss as a potential discovery plan. Pursuant to FED. R. Civ. P 26(f), the parties have met and discussed various aspects of their case, including the proposed schedule. The parties have now submitted to the Court a written report that outlines their plan in accordance with FED. R. Civ. P. 26(f). Because the parties have agreed to all of the discovery deadlines in the case, and no further issues remain for the Court to resolve, the Court finds that it is in the best interest of justice that the Scheduling Conference previously set for September 28, 2001, is hereby cancelled. Further, the Court hereby issues the following discovery and docket control orders.
DISCOVERY ORDER
After a review of the pleaded claims and defenses in this action and in furtherance of the management of the Court's docket under FED. R. Civ. P. 16, it is hereby ORDERED AS FOLLOWS:
1. Disclosures. The disclosure standard is hereby modified to apply to any information relevant to the claims and defenses of any party. The parties are referred to Local Rule CV-26(d) "Relevant to the Claim or Defense," for assistance in determining what information meets this standard. Except as provided by paragraph 1(i), within thirty (30) days of the signing of this order, each party shall disclose to every other party the following information:
(a) the correct names of the parties to the lawsuit;
(b) the name, address, and telephone number of any potential parties;
(c) the legal theories and, in general, the factual basis of the disclosing party's claims or defenses (the disclosing party need not marshal all evidence that may be offered at trial);
(d) the name, address, and telephone number of persons having knowledge of relevant facts, a brief statement of each identified person's connection with the case, and a brief, fair summary of the substance of the information known by any such person;
(e) any indemnity and insuring agreements under which any person or entity carrying on an insurance business may be liable to satisfy part or all of a judgment entered in this action or to indemnify or reimburse for payments made to satisfy the judgment;
(f) any settlement agreements relevant to the subject matter of this action;
(g) in a suit alleging physical or mental injury and damages from the occurrence that is the subject of the case, all medical records and bills that are reasonably related to the injuries or damages asserted or, in lieu thereof, an authorization permitting the disclosure of such medical records and bills;
(h) in a suit alleging physical or mental injury and damages from the occurrence that is the subject of the case, all medical records and bills obtained by the disclosing party by virtue of an authorization furnished by the requesting party; and
(i) for any testifying expert, by the date set by the Court in the Docket Control Order, each party shall disclose to the other party or parties:
(1) the expert's name, address, and telephone number;
(2) the subject matter on which the expert will testify;
(3) the general substance of the expert's mental impressions and opinions and a brief summary of the basis for them, or if the expert is not retained by, employed by, or otherwise subject to the control of the disclosing party, documents reflecting such information;
(4) if the expert is retained by, employed by, or otherwise subject to the control of the disclosing party;
(A) all documents, tangible things, reports, models, or data compilations that have been provided to, reviewed by, or prepared by or for the expert in anticipation of the expert's testimony; and
(B) the expert's current resume and bibliography;
2. Additional Disclosures. In addition to the disclosures required in Paragraph 1 of this Order, the Court hereby orders each party to provide to every other party the following information, within forty-five (45) days after the signing of this order:
(a) a copy of all documents, data compilations, and tangible things in the possession, custody, or control of the party that are relevant to the pleaded claims or defenses involved in this action. By written agreement of all parties, alternative forms of disclosure may be provided in lieu of paper copies. For example, the parties may agree to exchange images of documents electronically or by means of computer disk; or the parties may agree to review and copy disclosure materials at the offices of the attorneys representing the parties instead of requiring each side to furnish paper copies of the disclosure materials;
(b) a complete computation of any category of damages claimed by any party to the action, making available for inspection and copying as under Rule 34, the documents or other evidentiary material on which such computation is based, including materials bearing on the nature and extent of injuries suffered; and
(c) those documents and authorizations described in LOCAL RULE CV-34.
3. Discovery Limitations. The Court hereby limits discovery in this cause to the disclosures described in Paragraphs 1 and 2 together with 25 interrogatories, 25 requests for admissions, the depositions of the parties, depositions on written questions of custodians of business records for third parties, depositions of two expert witnesses per side and seven (7) hours of additional depositions per side. "Side" means a party or a group of parties with a common interest.
4. Privileged Information. There is no duty to disclose privileged documents or information. However, the parties are directed to meet and confer concerning privileged documents or information within sixty (60) days after the signing of this order. The parties shall exchange privilege logs identifying the documents or information and the basis for any disputed claim of privilege in a manner that, without revealing information itself privileged or protected, will enable the other parties to assess the applicability of the privilege or protection. Any party may move the Court for an order compelling the production of any documents or information identified on any other party's privilege log. If the parties have no disputes concerning privileged documents or information, then the parties shall inform the Court of that fact within sixty (60) days after the signing of this order.
5. Pre-trial disclosures.
Each party shall provide to every other party regarding the evidence that the disclosing party may present at trial as follows:
(a) The name and, if not previously provided, the address and telephone number, of each witness, separately identifying those whom the party expects to present at trial and those whom the party may call if the need arises.
(b) The designation of those witnesses whose testimony is expected to be presented by means of a deposition and, if not taken stenographically, a transcript of the pertinent portions of the deposition testimony.
(c) An appropriate identification of each document or other exhibit, including summaries of other evidence, separately identifying those which the party expects to offer and those which the party may offer if the need arises. Unless otherwise directed by the Court, these disclosures shall be made at least 30 days before trial. Within 14 days thereafter, unless a different time is specified by the Court, a party may serve and file a list disclosing;
(1) any objections to the use under Rule 32(a) of a deposition designated by another party under subsection(b); and
(2) any objections, together with the grounds therefor, that may be made to the admissibility of materials identified under subparagraph(c).
Objections not so disclosed, other than objections under Rules 402 and 403 of the Federal Rules of Evidence, shall be deemed waived unless excused by the Court for good cause shown.
6. Signature. The disclosures required by this order shall be made in writing and signed by the party or counsel and shall constitute a certification that, to the best of the signer's knowledge, information and belief, such disclosure is complete and correct as of the time it is made. If feasible, counsel shall meet to exchange disclosures required by this order; otherwise, such disclosures shall be served as provided by FED. R. CIV. P.5. The parties shall promptly file a notice with the Court that the disclosures required under this order have taken place.
7. Duty to Supplement. After disclosure is made pursuant to this order, each party is under a duty to supplement or correct its disclosures immediately if the party obtains information on the basis of which it knows that the information disclosed was either incomplete or incorrect when made, or is no longer complete or true.
8. Disputes. Counsel are directed to contact the chambers of the undersigned for any "hot-line" disputes before contacting the Discovery Hotline provided by LOCAL RULE CV-26(f). If the undersigned is not available, the parties shall proceed in accordance with LOCAL RULE CV-26(f).
9. NO EXCUSES. A party is not excused from the requirements of this Discovery Order because it has not fully completed its investigation of the case, or because it challenges the sufficiency of another party's disclosures, or because another party has not made its disclosures. Absent Court order to the contrary, a party is not excused from disclosure because there are pending motions to dismiss, to remand or to change venue. Parties asserting the defense of qualified immunity may submit a motion to limit disclosure to those materials necessary to decide the issue of qualified immunity.
10. OTHER LIMITATIONS. All depositions to be read into evidence as part of the parties' case-in-chief shall be EDITED so as to exclude all unnecessary, repetitious, and irrelevant testimony; ONLY those portions which are relevant to the issues in controversy shall be read into evidence. The Court will refuse to entertain any motion to compel discovery filed after the date of this Order unless the movant advises the Court within the body of the motion that counsel for the parties have first conferred in a good faith attempt to resolve the matter. See LOCAL RULE CV-7(h).
DOCKET CONTROL ORDER
In accordance with the Federal Rules of Civil Procedure, the Court has established the following schedule to govern the preparation and trial of this action:1. Implead third parties or join additional parties: October 29, 2001.
2. Deadline for written disclosure of information for testifying experts in accordance with this Court's Order and the expert's FRCP 26(a)(2)(B) report: January 8, 2002
3. Objections to testifying expert witnesses, within 20 days after initial disclosure of experts.
4. Written designation of impeaching experts, within 30 days after the initial disclosure of experts.
5. Discovery closes: February 6, 2002.
6. Deadline for dispositive motions: February 22, 2002.
7. Deadline for filing amended pleadings: February 22, 2002.
8. Identification of all fact witnesses: March 8, 2002.
9. Deadline for parties to Mediate: March 8, 2002.
10. All pretrial motions, except motions in limine: March 22, 2002.
11. Joint requested jury instructions: March 27, 2002.
12. Motions in limine: March 27, 2002.
13. Agreed pretrial order: March 27, 2002.
14. Trial Date and Jury Selection 10:00 a.m. in Tyler, Texas: April 8, 2002.
Mediation of all claims by all parties is required. The parties will mutually agree upon a mediator or the Court will appoint one. If the parties choose the mediator, they are to inform the Court of the name and address of the mediator by letter. The Court will then enter an order officially appointing that person as the mediator. The mediator shall be deemed to have agreed to the terms of Court Ordered Mediation Plan of the United States District Court of the Eastern District of Texas. The parties, attorneys, corporate representatives, and any other required claims professionals shall be present at the mediation conference with full authority to negotiate a settlement. Failure to comply with the attendance or settlement authority requirements of the Court-Annexed Mediation Plan may subject a party to sanction by the Court. Moreover, all of the aforementioned shall not only attend the mediation, but also negotiate in good faith.
The parties are directed to Local Rule CV-7(d), which provides in part that "[i]n the event a party fails to oppose a motion in the manner prescribed herein the Court will assume that the party has no opposition." Local Rule CV-7(e) provides that a party opposing a motion has 15 days in which to serve and file supporting documents and briefs after which the Court will consider the submitted motion for decision.