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Kolesar v. Home Depot

January 17, 2008

WILLIAM KOLESAR PLAINTIFF
v.
HOME DEPOT DEFENDANT



The opinion of the court was delivered by: Patty Shwartz United States Magistrate Judge

ORDER ON INFORMAL APPLICATION : & FOURTH AMENDED SCHEDULING ORDER IN AN ARBITRATION CASE

THIS MATTER having come before the Court by way of letter dated January 14, 2008, regarding the status of discovery; and the Court having convened a telephone conference on January 17, 2008; and the Court being advised that the plaintiff served the foreign defendant but the foreign defendant may challenge jurisdiction and therefore time will be needed to secure foreign evidence; and the Court being advised that one of the fourth-party defendants has not yet been served; and the Court having set a schedule mindful of the depositions that need to be conducted; and the parties being reminded that the absence of the fourth-party defendant and the foreign defendant has no impact on the schedule in this case; and for the reasons discussed during the telephone conference; and for good cause shown,

IT IS on this 17th day of January, 2008,

ORDERED THAT:

I. ARBITRATION

1. This matter is subject/referred to arbitration pursuant to Local R. Civ. P. 201.1. Counsel will receive further instructions and guidelines regarding arbitration directly from the Clerk of the Court. Arbitration shall commence no sooner than July 3, 2008, unless dispositive motions are pending.

IT IS FURTHER ORDERED THAT:

2. A. The request to extend the pretrial deadlines is granted as set forth herein.

B. No later than deadline passed, plaintiff shall send a letter to Hoffman Equipment regarding its failure to respond to the subpoena and notifying the company that the plaintiff may seek court assistance to secure compliance. Plaintiff shall provide a copy of the letter to the Court.

C. No later than deadline passed, the third-party plaintiff shall provide the third-party defendant with a copy of all discovery exchanged in this case;

D. No later than February 1, 2008, plaintiff shall advise the defendants as to whether or not he will seek punitive damages in this case;

E. The inspection of the equipment take place on deadline passed . The equipment shall be preserved with no further alterations absent leave of court.

F. When the fourth-party plaintiff learns the name of counsel for the fourth-party defendant(s), then she should advise the Court of same ...


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