The opinion of the court was delivered by: Donald G. Wilkerson United States Magistrate Judge
On April 24, 2009, the Court entered an Amended Scheduling Order in this action and granted Plaintiff's Motion to Modify the Scheduling Order and to Continue Trial Date (Doc. 28). In light of that order, the parties now request that the Court enter their Proposed Amended Scheduling and Discovery Order.
Having reviewed the Amended Report of the Parties and finding that the parties have complied with the requirements of Federal Rule of Civil Procedure 26(f) and SDIL-LR 16.2(a), the Court hereby approves and enters the Proposed Scheduling and Discovery Order. The Court's Order Regarding Discovery (Doc. 16) remains in effect.
PROPOSED AMENDED SCHEDULING AND DISCOVERY ORDER
In light of the Court's granting of the plaintiff's Motion to Modify Scheduling Order and to Continue Trial Date (Doc. 27), the parties, through their attorneys, have conferred regarding amendment of the dates set forth in the previous Joint Report of Parties and Propose Scheduling and Discovery Order (Doc. 11), and have agreed as follows:
1. Third Party actions must be commenced by July 10, 2009. Cross-claims and counterclaims shall be filed in accordance with the Federal Rules of Civil Procedure.
2. Expert witnesses shall be disclosed, along with a written report prepared and signed by the witness pursuant to Federal Rule of Civil Procedure 26(a)(2), as follows:
Plaintiff's expert(s): July 24, 2009.
Defendant's expert(s): August 31, 2009.
Third Party expert(s): August 31, 2009.
3. Depositions of expert witnesses must be taken by agreement of the parties before trial.
4. Discovery shall be completed by September 8, 2009 (which date shall be no later than one hundred fifteen (115) days before the first day of the month of the presumptive trial month). Any written interrogatories or request for production served after the date of the Scheduling and Discovery Order shall be served by a date that allows the served parties the full thirty (30) days as provided by the Federal Rules of Civil Procedure in which to answer or produce by ...