UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

Transcription

1 Tronsen v. Toledo-Lucas County Public Library Doc. 107 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION W. FRED KLOOTS, JR., et al., Case No. 5:04 CV 2152 Plaintiffs, vs. CASE MANAGEMENT CONFERENCE ORDER AMERICAN EXPRESS TAX & BUSINESS SERVICES, INC., et al., Defendants. Magistrate Judge James S. Gallas 1. The Case Management Conference was conducted on April 12, The following parties were present: a. Plaintiff(s: b. Defendant(s: 3. The following attorneys were present: a. Plaintiff(s lead counsel: Gregory H. Collins, Esq. Paul H. Malesick, II, Esq. (For W. Fred Kloots, Jr., et al. b. Other Plaintiff(s counsel: Victor C. Peters, Esq. Elizabeth J. Caprini, Esq. (For Cincinnati Insurance Co. c. Defendant(s lead counsel: Richard G. Witkowski, Esq. d. Other Defendant(s counsel: Joseph A. Patella, Esq. 4. A written stipulation (L.R was filed. Dockets.Justia.com

2 2 RULINGS ON ADDITIONAL MATTERS PURSUANT TO L.R After consultation with the parties and counsel, the Court determined that this case will proceed on the standard track. 6. Case referred to Alternative Dispute Resolution (ADR: Yes: X No: Delay: If yes, which of the following ADR processes: a. Early neutral evaluation b. Mediation X c. Arbitration d. Summary Jury Trial e. Summary Bench Trial ADR PROCESS NOT TO BEGIN BEFORE JULY l, 2005 AND TO BE COMPLETED BY AUGUST 1, The parties consented to the jurisdiction of a United States Magistrate Judge pursuant to 28 U.S.C. 636(c.

3 8. Rulings as to the type and extent of discovery: Plaintiff Kloots et al. and Leonard Insurance Services Agency, Inc. Interrogatories (30, requests for production (50, and requests for admissions (20 limited and directed to: Depositions: 3 Identifying persons and documents related to contract terms, scope of work and valuation services including but not limited to Defendants records, worksheets, file notes; billing records, work in process records used for invoice generation, and correspondence. 2-4 depositions of Defendants agents/employees, including but not limited to Defendant Paul Stolic. Defendants expert witnesses - to be determined after identified per Federal Rule 26(a(2. Plaintiff The Cincinnati Insurance Company Non-duplicative interrogatories (30, requests for production (30, and requests for admission (30 directed to the subject matters identified by Plaintiffs Kloots, et al. and Leonard Insurance Services Agency, Inc. Depositions: Depositions identified above 2-4 depositions of Marsh Berry and U.S. Department of Labor representatives, including, but not limited to, 30(b(6 depositions Defendants American Express Tax & Business Services and Paul Stolic Interrogatories (40, requests for production (40, and requests for admission (40 Depositions: Each of the trustees named as plaintiffs in the complaint 30(b(6 witnesses from plaintiff Leonard Insurance Services Attorneys involved in providing legal advice to the Leonard ESOP and/or its trustees; Plaintiffs' experts Former ESOP trustees not named as plaintiffs service re: management and administration of the ESOP

4 4 9. Discovery cut-off date: September 19, 2005 a. The disclosure of expert witness(es and their reports shall be governed by Fed. R. Civ. P. 26 (a(2(a-(c within the time limits as follows: (1 By Plaintiff(s: no later than ninety (90 days before the discovery cutoff dates; (2 by Defendant(s: no later than sixty (60 days after disclosure by plaintiffs. b. In the absence of good cause shown, no party shall be permitted to call a witness at trial to give expert testimony when that witness has not appeared on such party s expert witness list. 10. Without leave of Court, no discovery materials shall be filed, except as necessary to support dispositive motions. If a party intends to rely on deposition testimony in support of its position on a motion, the Court prefers the filing of the entire deposition rather than excerpts, unless the party truly believes that excerpts are sufficient, and with the proviso that any other party who believes the excerpts offered are not sufficient is free to file the entire deposition. In any event, discovery and disclosure material submitted in support of any party s position shall be filed at the same time as that party s memorandum setting forth its position.

5 11. Deadline for filing motions to amend pleadings/add parties: April 1, leave of court. 12. Dispositive motions shall not be filed before the close of discovery without Deadline for filing dispositive motions: October 19, 2005 responses by November 18, 2005 replies by December 2, 2005 If a motion for summary judgment is filed, the moving party shall also file a certificate of uncontested facts with the Court. A party opposing the motion for summary judgment challenging an uncontested fact must specifically identify the fact contested. Any fact that is not contested shall be deemed admitted. 13. Date of status hearing when trial date will be determined: January 19, 2006 at 2:00 p.m. with lead counsel and parties present. The Court will strictly enforce provisions regarding length of memoranda filed in support of motions. See L.R Motions for relief from the length restrictions must show good

6 6 cause for such relief and must be made sufficiently in advance to permit the Court to rule and the Clerk s office to issue the ruling by regular mail. Motions for relief from length restrictions which are filed contemporaneously with the memoranda exceeding the page limits will be denied. The Court will permit only the motion with its supporting memorandum, the memorandum in opposition, and a reply. No surreplies will be permitted absent advance leave of the Court. IT IS SO ORDERED. Dated: April 12, 2005 s/james S. Gallas United States Magistrate Judge