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Case 1:03-cv-02942-FLW-AMD Document 7 Filed 03/08/2004 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY CAMDEN VICINAGE HONORABLE FREDA L. WOLFSON MARCIA E. UPTON and KEVIN R.
UPTON,
Plaintiffs, Civil No. 03-2942 (FLW) v.
DEAN F. COUSINS, et al., Defendants.
AMENDED SCHEDULING ORDER IN ARBITRATION CASE This Scheduling Order confirms the directives given to counsel during the telephone status conference held on March 8, 2004; and the Court noting the following appearances: Kerri E. Cody, Esquire, on behalf of plaintiff; and Jay Barry Harris, Esquire, on behalf of defendants:
IT IS this 8th day of March, 2004, hereby ORDERED: 1, 2004.
1. Pretrial factual discovery is hereby extended to June All pretrial discovery shall be concluded by that date.
2. All experts' reports on behalf of plaintiffs shall be served upon counsel for defendants not later than July 1, 2004, 2004. All experts' reports on behalf of defendants shall be served upon counsel for plaintiffs no later than August 2, 2004. 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
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Case 1:03-cv-02942-FLW-AMD
Document 7
Filed 03/08/2004
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particular condition or as to the future prognosis of a particular condition, shall be considered an expert subject to the requirement of Rule 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). 3.
Arbitration.
This case will be scheduled for arbitration pursuant to Local Civil Rule 201.1 The Clerk will advise counsel of the time and place of arbitration. By copy of this Order, the Clerk will be requested to schedule the arbitration for a date in September 2004.
s/ Ann Marie Donio ANN MARIE DONIO United States Magistrate Judge cc:
Hon. Freda L. Wolfson Anna Connelly, Arbitration Clerk
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