Case 1:20-cv-11584-PBS Document 28 Filed 05/09/19 Page 1 of 3
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`ROCKY L. HAWORTH,
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`NEW PRIME, INC.,
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`v.
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`IN THE UNITED STATES DISTRICT COURT FOR THE
`WESTERN DISTRICT OF MISSOURI
` SOUTHERN DIVISION
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`Defendant.
`SCHEDULING AND TRIAL ORDER
`JURY TRIAL1
` Pursuant to Rules 16(b) and 26(f) of the Federal Rules of Civil Procedure, and upon
`consideration of the parties’ views in the matter, the following schedule is hereby established:
`I.
`DISCOVERY PLAN AND SCHEDULING DEADLINES
`Discovery Plan and Scheduling Guidelines
`Plaintiff Expert Designation as to
`60 days before discovery deadline
`Conditional Class Certification
`Defendant Expert Designation as to
`Conditional Class Certification
`Rebuttal Expert Designation as to
`Conditional Class Certification
`Plaintiff Expert Disclosure for Rule
`23 Certification Motion
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` Plaintiff,
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`Case No. 6:19-03025-CV-RK
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`Deadlines
`7/15/2019
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`30 days after Plaintiff Expert deadline
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`7/15/2019
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`14 days before discovery deadline
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`8/8/2019
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`60 days after
`Court’s Ruling
`on Plaintiff’s
`Motion for
`Conditional
`Class
`Certification
`30 days
`after
`Plaintiff’s
`designation
`1/15/2020
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`Defendant Expert Disclosure for
`Rule 23 Certification Motion
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`Completion of Discovery
`(as to Plaintiff’s individual claims)
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`180 days from this proposed order
`(Local Rule 26.1(c)2)
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`1 The parties will submit an updated proposed scheduling order after class certification is
`determined.
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`Case 1:20-cv-11584-PBS Document 28 Filed 05/09/19 Page 2 of 3
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`Plaintiff’s Motion for Conditional
`Class Certification2
`Defendant’s Response to
`Plaintiff’s Motion for Class
`Certification
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`Plaintiff’s Reply Suggestions for
`Motion for Conditional
`Certification
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`Plaintiff’s Motion for Certification
`to Proceed as a Class Action under
`Rule 23
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`Defendant’s Response to
`Plaintiff’s Motion for Certification
`under Rule 23
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`Plaintiff’s Reply Suggestions for
`Motion for Class Certification
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`8/15/2019
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`21 days after
`Plaintiff’s
`Motion for Class
`Certification is
`filed
`14 days after
`Defendant’s
`Suggestions in
`Opposition are
`filed
`120 days after
`Court’s Ruling
`on Plaintiff’s
`Motion for
`Conditional
`Certification
`21 days after
`Plaintiff’s
`Motion for
`Certification
`under Rule 23 is
`filed
`14 days after
`Defendant’s
`suggestions in
`opposition filed
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`IV. CHAMBERS’ PROTOCOL
`1.
`COURT CONFERENCES. (See Section II above). Generally, conferences in
`Western and St. Joseph Division cases are held at the U.S. District Courthouse in Kansas City,
`Missouri. Conferences in cases pending in all other divisions (Central, Southern, and
`Southwestern) are generally held via telephone.
`2.
`DISCOVERY DISPUTES. Any discovery motion filed without complying with
`Local Rule 37.1 will be denied. In the event that a teleconference is needed, contact the Court at
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`2 The parties agree to submit a joint proposed scheduling order within two weeks of either the close
`of the Rule 23 notice period if Rule 23 certification is granted or the Court’s order denying Rule 23
`certification, whichever is later.
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`2
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`Case 1:20-cv-11584-PBS Document 28 Filed 05/09/19 Page 3 of 3
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`(816) 512-5110. Parties are to utilize the discovery dispute protocol on the Court’s web page at
`www.mow.uscourts.gov/judges/ketchmark.
`3.
` EXPERT WITNESSES. Expert witnesses include retained experts as well as fact
`witnesses from whom expert opinions will be elicited at trial.
`For expert witnesses identified in Fed. R. Civ. P. 26(a)(2)(B), the designation shall include
`an affidavit, containing the disclosures required in Fed. R. Civ. P. 26(a)(2)(B)(i)-(vi). Expert
`witnesses may testify only as to matters contained in the affidavit described above unless leave of
`Court is granted upon good cause shown. If a treating physician will testify beyond the treatment
`they provided, they shall also provide an affidavit containing the disclosures required in Fed. R.
`Civ. P. 26(a)(2)(B)(i)-(vi).
`However, if a treating physician will testify only as to treatment they provided, the
`requirements of this section may be satisfied by providing a copy of all the treating physician’s
`files, records and notes relating to the treating physician’s patient to the opposing party. For the
`purpose of this paragraph, a “treating physician” is a doctor (including psychiatrist, dentist or other
`practitioner of the healing arts) retained by a party prior to retaining counsel in this matter.
`4.
`COMPLETION OF DISCOVERY. All discovery requests and depositions shall
`be submitted and/or scheduled prior to the deadline for completion of discovery, and shall allow
`sufficient time for completion within the time specified by the Federal Rules of Civil Procedure,
`the Local Rules, and/or orders of this Court.
`5.
`SUMMARY JUDGMENT MOTIONS. All motions for summary judgment shall
`comply with Local Rules 7.0 and 56.1. The response and reply shall set forth (restate) each
`statement of fact, and additional statement of fact, utilizing the original paragraph number
`immediately before admitting or denying factual statements.
`IT IS SO ORDERED.
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`DATED: May 9, 2019
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`s/ Roseann A. Ketchmark
`ROSEANN A. KETCHMARK, JUDGE
`UNITED STATES DISTRICT COURT
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`3
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