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Nielson v. Harley Davidson Motor Company Group, LLC

United States District Court, D. Utah

August 22, 2019

ANGELA K. NIELSON, individually and on behalf of THE ESTATE OF BRETT W. NIELSON; RYLEE NIELSON; ERIC NIELSON; and LINDA NIELSON, Plaintiffs,
v.
HARLEY-DAVIDSON MOTOR COMPANY GROUP, LLC; GOODYEAR DUNLOP TIRES NORTH AMERICA, LTD.; THE GOODYEAR TIRE & RUBBER CO.; SUMITOMO RUBBER USA, LLC; and BELLINGHAM HARLEY-DAVIDSON, INC., Defendants. 1. FACT DISCOVERY DATE 2. RULE 26(a)(2) EXPERT DISCLOSURES & REPORTS DATE 3. OTHER DEADLINES DATE 4. TRIAL AND PREPARATION FOR TRIAL TIME DATE

          David Nuffer, District Judge

          MEMORANDUM DECISION AND ORDER GRANTING MOTION TO EXTEND DISCOVERY DEADLINES AND AMENDED SCHEDULING ORDER

          PAUL KOHLER, UNITED STATES MAGISTRATE JUDGE

         Based on the representations and arguments in the parties' briefing on Plaintiffs' Motion to Extend Expert Disclosure Deadline Until After Specific Fact Discovery Already Planned Has Been Completed (“Motion”), [1] Plaintiffs have established good cause for the extension of the deadlines for fact discovery (limited to Plaintiff Angela Nielson's ongoing medical issues and the taking of depositions of Defendants' corporate representatives) and expert discovery.

         Additionally, because of the extension of these deadlines, it is necessary that other deadlines in the Scheduling Order[2] be amended. Therefore, IT IS HEREBY ORDERED that Plaintiffs' Motion[3] is GRANTED. The Scheduling Order[4] is amended as follows:

         1. FACT DISCOVERY

1.
FACT DISCOVERY
DATE

a.

Deadline for Fact Discovery (limited to Plaintiff Angela Nielson's ongoing medical issues and the taking of depositions of Defendants' corporate representatives)

09/11/2019
2.
RULE 26(a)(2) EXPERT DISCLOSURES & REPORTS
DATE

Disclosures (subject and identity of experts)

a.

Part(ies) bearing burden of proof:

09/11/2019

b.

Counter disclosures:

10/11/2019

Reports

a.

Part(ies) bearing burden of proof:

09/11/2019

b.

Counter reports:

10/11/2019
3.
OTHER DEADLINES
DATE

a.

Last day for expert discovery:

12/11/2019

b.

Deadline for filing dispositive or potentially dispositive motions:

01/13/2020

c.

Deadline for filing partial or complete motions to exclude expert testimony:

01/13/2020
4.
TRIAL AND PREPARATION FOR TRIAL
TIME
DATE

a.

Rule 26(a)(3) pretrial disclosures[5]

Plaintiffs:

04/17/2020

Defendant(s):

05/01/2020

b.

Objections to Rule 26(a)(3) disclosures (if different than 14 days provided in Rule)

c.

Special Attorney Conference[6] on or before:

05/15/2020

d.

Settlement Conference[7] on or before:

05/15/2020

e.

Final Pretrial Conference:

9:00 a.m.

06/01/2020

f.

Trial

Length

Jury Trial

10 days

8:30 a.m.

06/15/20

---------

Notes:

[1] Motion, docket no. 91, filed July 8, 2019; Defendants Sumitomo Rubber USA, LLC f/k/a Goodyear Dunlop Tires North America, Ltd. and The Goodyear Tire & Rubber Company's Response to Plaintiffs' Motion to Extend Expert Disclosure Deadline, docket no. 92, filed July 19, 2019; Harley-Davidson Motor company Group, LLC's Notice of Joinder to Defendants Sumitomo Rubber USA, LLC f/k/a Goodyear Dunlop Tires North America, Ltd. and The Goodyear Tire & Rubber Company's Response to Plaintiffs' Motion to Extend Expert Disclosure Deadline, docket no. 93, filed July 22, 2019; Reply to Defendants' Responses Regarding Extending Expert Disclosure Deadline Until After Specific Fact Discovery Already Planned Has Been Completed, docket no. 94, filed Aug. 9, 2019.

[2] Docket no. 39, filed Aug. 10, 2018.

[3] Docket no. 91, filed July 8, 2019.

[4] Docket no. 39, filed Aug. 10, 2018.

[5] The Parties must disclose and exchange any demonstrative exhibits or animations with the Rule 26(a)(3) disclosures.

[6] The Special Attorneys Conference does not involve the court. During this conference, unless otherwise ordered by the court, counsel will agree, to the extent possible, on voir dire questions, jury instructions, and a pretrial order. They will discuss the presentation of the case, and they should schedule witnesses to avoid gaps and disruptions. The parties should mark exhibits in a way that does not result in duplication of ...


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