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Hogan Truck Leasing, Inc. v. Groupklt, Inc.

United States District Court, E.D. Missouri, Eastern Division

February 20, 2019

HOGAN TRUCK LEASING, INC., Plaintiff,
v.
GROUPKLT, INC., Defendant.

          ORDER

          JEAN C. HAMILTON UNITED STATES DISTRICT JUDGE

         IT IS HEREBY ORDERED that the parties' Consent Motion to Extend Deadlines and Continue Trial Date (ECF No. 24) is GRANTED, and the Case Management Order in this matter is MODIFIED as follows:

A. The parties shall complete all discovery in this case no later than April 1, 2019.
B. The reference to alternative dispute resolution shall terminate on April 1, 2019. Not later than February 27, 2019, lead counsel shall notify the clerk of the agreed-upon date, time and location of the initial ADR Conference.
C. Any motions to dismiss, for summary judgment, motions for judgment on the pleadings or, if applicable, any motion to exclude testimony pursuant to Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) or Kuhmo Tire Co. Ltd v. Carmichael, 526 U.S. 137 (1999), must be filed no later than April 29, 2019. Any response shall be filed no later than May 29, 2019. Any reply shall be filed no later than June 10, 2019. In the event dispositive motions are filed prior to the above specified date, the opposing party shall file a response thirty days after the filing of the dispositive motion. A reply may be filed ten (10) days after the filing of the response. Briefing of such motions shall be governed by E.D. Mo. L.R. 4.01.
D. This action is set for a JURY trial on Monday, July 1, 2019, at 9 a.m. Parties should be prepared to select a jury prior to the trial date if called upon to do so by the Court.

         Pursuant to Local Rule 8.04 the court may tax against one or all parties the per diem, mileage, and other expenses of providing a jury for the parties, when the case is terminated or settled by the parties at a time too late to cancel the jury attendance or to use the summoned jurors in another trial, unless good cause for the delayed termination or settlement is shown.

         In this case, unless otherwise ordered by the Court, the attorneys shall, not less than twenty (20) days prior to the date set for trial:

1. Stipulation: Meet and jointly prepare and file with the Clerk a JOINT Stipulation of all uncontested facts, which may be read into evidence subject to any objections of any party set forth in said stipulation (including a brief summary of the case which may be used on Voir Dire).
2. Witnesses:
(a) Deliver to opposing counsel, and to the Clerk, a list of all proposed witnesses, identifying those witnesses who will be called to testify and those who may be called.
(b) Except for good cause shown, no party will be permitted to call any witnesses not listed in compliance with this Order.
3. Exhibits:
(a) Mark for identification all exhibits to be offered in evidence at the trial (Plaintiffs to use Arabic numerals and defendants to use letters, e.g., Pltf-1, Deft.-A, or Pltf Jones-1, Deft Smith-A, if there is more than one plaintiff or defendant), and deliver to opposing counsel and to the Clerk a list of such exhibits, identifying those that will be introduced into evidence and those that may be introduced. The list shall clearly indicate for each business record whether the ...

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