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Kim v. Marina District Development Co. LLC

July 22, 2009

DR. JOHN KIM, PLAINTIFF,
v.
MARINA DISTRICT DEVELOPMENT COMPANY LLC, DEFENDANT.



SCHEDULING ORDER IN ARBITRATION CASE

This Scheduling Order confirms the directives given to counsel at the initial scheduling conference on July 22, 2009; and the Court noting the following appearances: Salvatore J. Siciliano, Esquire, appearing on behalf of the plaintiff; and Jeffrey R. Lindsey, Esquire, appearing on behalf of the defendant.

IT IS this 22nd day of July, 2009, hereby ORDERED:

1. This matter is subject to compulsory arbitration pursuant to L. CIV. R. 201.1.

2. The time within which to seek amendments to the pleadings or to add new parties will expire on October 1, 2009.

3. Plaintiff shall return signed records authorizations to defendant within three (3) weeks of their receipt.

4. Defendant's medical examination of plaintiff shall be completed before the end of the fact discovery deadline.

5. Pretrial factual discovery is hereby extended to December 31, 2009. All pretrial discovery shall be concluded by that date. All discovery motions and applications pursuant to L. CIV. R. 37.1(a)(1) shall be made before the expiration of pretrial factual discovery.

6. Depositions. All depositions are to be conducted in accordance with the procedures set forth in the order of Judge Gawthrop, in Hall v. Clifton Precision, 150 F.R.D. 525 (E.D.Pa. 1993).

7. All expert reports and expert disclosures pursuant to FED. R. CIV. P. 26(a)(2) on behalf of plaintiff shall be served upon counsel for defendant no later than January 15, 2010. All expert reports and expert disclosures pursuant to FED. R. CIV. P. 26(a)(2) on behalf of defendant shall be served upon counsel for plaintiff no later than February 15, 2010. Each such report should be accompanied by the curriculum vitae of the proposed expert witness. No expert opinion testimony shall be admitted at trial with respect to any witness for whom this procedure has not been timely followed.

The parties shall reserve their rights to conduct depositions of proposed expert witnesses until after the arbitration process or by leave of the Court to be sought via conference call application.

For purposes of this Scheduling Order, treating physicians shall not be considered expert witnesses and shall be treated as fact witnesses who are, however, required to provide reports and records concerning their treatment. However, any doctor who is going to express an opinion as to the cause of a particular condition or as to the future prognosis of a particular condition, shall be considered an expert subject to the requirement of FED. R. CIV. P. 26(a)(2)(B).

The parties shall also exchange, in accordance with the foregoing schedule, written statements identifying all opinion testimony counsel and the parties anticipate will be presented at trial pursuant to F. R. EVID. 701 and Teen-Ed v. Kimball International, Inc., 620 F.2d 399 (3d Cir. 1980).

8. Dispositive Motions. Dispositive motions shall be filed with the Clerk of the Court no later than March 1, 2010. Opposition to the motion should be served in a timely fashion. Counsel are to follow L. CIV. R. 7.1(c), (d) and (e), 56.1 and 78.1 (Motion Practice - Generally).

9. Arbitration. This case will be scheduled for arbitration pursuant to L. CIV. R. 201.1 The Clerk will advise counsel of the time and place of arbitration. By copy of this Order, the Clerk will be requested ...


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