United States District Court, E.D. North Carolina
ADJUSTED CASE MANAGEMENT ORDER
Louise W. Flanagan United States District Court Judge.
matter is before the Court on the parties Joint Motion for
Adjustments to the Court's Case Management Order. The
parties have shown good cause and the Motion is GRANTED. The
revised case management order is as follows:
parties shall exchange by May 15, 2017, any
further information the information required by Federal Rule
of Civil Procedure 26(a)(1).
Discovery will be necessary on the following subjects:
reference is made to the discovery proposed to be undertaken
in the parties' joint report and plan.
fact discovery shall be commenced or served in time to be
completed by March 15, 2018.
parties did not raise any issues regarding electronically
stored information and privileged materials.
party shall serve more than 25 interrogatories, including all
discrete subparts, to any other party. Responses are due 30
days after service of those interrogatories.
party shall serve more than 25 requests for admissions to any
other party. Responses are due 30 days after service of those
requests for admissions.
There shall be no more than 15 depositions by each plaintiff
and 15 by each defendant.
deposition shall be limited to 7 hours, unless otherwise
agreed by the parties.
Disclosures required by Federal Rule of Civil Procedure
26(a)(2), including reports from retained experts, shall be
served by plaintiffs by January 15, 2018, and by defendants
by February 15, 2018. The parties shall serve any objections
to such disclosures, other than objections pursuant to
Federal Rules of Evidence 702, 703, or 705, Daubert v.
Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993),
Kumho Tire Co. v. Carmichael, 526 U.S. 137 (1999) or
similar case law, within 14 days after service of the
disclosures upon them. These objections should be confined to
technical objections related to the sufficiency of the
written expert disclosures (e.g., whether all of the
information required by Rule 26(a)(2) has been provided, such
as lists of prior testimony and publications). These
objections need not extend to admissibility of the
expert's proposed testimony. If such technical objections
are served, counsel shall confer or make a reasonable effort
to confer before filing any motion based on those objections.
Supplementations of disclosures under Federal Rule of Civil
Procedure 26(e) shall be served at such times and under such
circumstances as required by that rule. In addition, such
supplemental disclosures shall be served by February
2, 2018. The supplemental disclosures served 40 days
before the deadline for completion of all discovery must
identify the universe of all witnesses and exhibits that
probably or even might be used at trial other than solely for
impeachment. The rationale for the mandatory supplemental
disclosures 40 days before the discovery deadline is to put
opposing counsel in a realistic position to make strategic,
tactical, and economic judgments about whether to take a
particular deposition (or pursue follow-up
“written” discovery) concerning a witness or
exhibit disclosed by another party before the time allowed
for discovery expires. Counsel should bear in mind that
seldom should anything be included in the final Rule 26(a)(3)
pretrial disclosures that has not previously appeared in the
initial Rule 26(a)(1) disclosures or a timely Rule 26(e)
supplement thereto; otherwise, the witness or exhibit
probably will be excluded at trial. See Fed.R.Civ.P.
avoid the filing of unnecessary motions, the court encourages
the parties to utilize stipulations regarding discovery
procedures. However, this does not apply to extensions of
time that interfere with the deadlines to complete all
discovery, for the briefing or hearing of a motion, or for
trial. See Fed.R.Civ.P. 29. Nor does this apply to