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Wentz v. Best Western International

February 14, 2007

NORRIS WENTZ AND WIFE THERESA WENTZ, PLAINTIFFS,
v.
BEST WESTERN INTERNATIONAL, INC., PAUL W. MAPLES, JR., BEST WESTERN VALLEY VIEW LODGE, AND VALLEY VIEW LODGE, INC. DEFENDANTS.



The opinion of the court was delivered by: C. Clifford Shirley, Jr. United States Magistrate Judge

(Varlan/Shirley)

AGREED ORDER

In response to the Court's Order of January 23, 2007 (Doc. No. 23), and with the agreement of the parties, it is hereby ORDERED, ADJUDGED and DECREED that the Scheduling Order entered on December 14, 2005 (Doc. No. 12) is amended as follows. All other deadlines set forth in the Court's Scheduling Order have passed; therefore, this Agreed Order shall govern future discovery and pre-trial activities in this case:

4. Disclosure and Discovery:

(d) Expert Testimony: Disclosure of any expert testimony in accordance with Fed. R. Civ. P. 26(a)(2) shall be made by the plaintiffs on or before one hundred eighty (180) days before trial and by the defendants on or before one hundred twenty (120) days before trial.

(a) Computer-Generated Animation: If any party intends to offer a computer-generated animation into evidence, the party shall disclose that intention at the time expert disclosures are made pursuant to Fed. R. Civ. 0. 26(a)(2). A copy of the animation shall be furnished to all other parties no later than 45 days prior to the filing of pretrial disclosures pursuant to Fed, R. Civ. P. 26(a)(3) [or the close of expert discovery, if that is earlier]. By agreement of the parties, the date of delivery of the animation may be adjourned to no later than the date on which the pretrial order is filed.

(b) Evidence-Presentation Equipment: If either party intends to use electronic, mechanical or other equipment to display evidence at trial, the parties shall confer in an effort to agree on the size, type and location of equipment to be used in the courtroom. If the parties agree, they shall file their joint proposal on the date on which the final pretrial order is due. If the parties cannot agree, each party shall file its proposal on the date on which the pretrial order is due and may comment on the proposal filed by any other party within two business days thereafter. If one or more of the parties desire to use the Court's Digital Evidence Presentation System (DEPS) at trial or for any pretrial hearing, notice must be given to my courtroom deputy clerk, Ms. Julie Norwood (865/545-4232 ext 285) at least give (5) working days before the hearing or trial. The equipment is shared with other judges and it is recommended that counsel reserve the equipment early.

(c) Pretrial Disclosures: On or before thirty (30) days before trial, the parties shall make all pretrial disclosures specified in Fed. R. Civ. P. 26(a)(3), except as to witnesses (see 6(g) below).

(d) All Discovery: All discovery, including the taking of depositions "for evidence," shall be completed by ninety (90) days before trial. (Motions to compel must be filed at least 30 days before this deadline)

(e) Discovery Disputes: Discovery disputes shall be resolved in the following manner:

(1) Parties shall first meet and/or confer in an attempt to resolve disputes between themselves, without judicial intervention; (2) if the parties are unable to resolve such disputesinformally, they shall attempt to resolve their disagreement by telephone conference with the Magistrate Judge assigned to this case; (3) if, and only if, the parties are unable to resolve their disputes after conference with the Magistrate Judge, they may file appropriate written motions with the Court, which may be referred to the Magistrate Judge. Any written motions regarding discovery shall include the written certification required by Rule 37(a)(2)(A), if applicable.

5. Pretrial Orders and Pretrial Conferences:

Unless counsel are otherwise directed by the Court, the following shall govern with regard to pretrial orders and conferences in this particular case.

Thirty (30) days before trial, an agreed pretrial order shall be filed with the clerk. The order shall ...


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