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Peoples National Bank, N.A. v. American Coal Co.

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


September 1, 2010

PEOPLES NATIONAL BANK, N.A., PLAINTIFF,
v.
THE AMERICAN COAL COMPANY, DEFENDANT.

The opinion of the court was delivered by: Donald G. Wilkerson United States Magistrate Judge

AMENDED SCHEDULING ORDER

Depositions upon oral examination, interrogatories, request for documents, and answers and responses thereto shall not be filed unless on order of the Court.

Disclosures or discovery under Rule 26(a) of the Federal Rules of Civil Procedure are to be filed with the Court only to the extent required by the final pretrial order, other order of the Court, or if a dispute arises over the disclosure or discovery.

Having reviewed the 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 Amended Scheduling and Discovery Order as submitted by the parties.

A. Plaintiff's deposition shall be taken by March 15, 2011.

B. Defendant's deposition shall be taken by April 15, 2011.

C. Third Party actions must be commenced by February 1, 2011. Cross-claims and counterclaims shall be filed in accordance with the Federal Rules of Civil Procedure.

D. 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): May 2, 2011.

Defendant's expert(s): June 1, 2011.

Third Party expert(s): July 1, 2011.

E. Depositions of expert witnesses must be taken by: Plaintiff's expert(s): June 1, 2011.

Defendant's expert(s): July 1, 2011.

Third Party expert(s): August 1, 2011.

F. Discovery shall be completed by August 5, 2011 (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 the discovery cut-off date.

G. All dispositive motions shall be filed by August 19, 2011 (which date shall be no later than one hundred (100) days before the first day of the month of the presumptive trial month). Dispositive motions filed after this date will not be considered by the Court.

H. The settlement conference before Magistrate Judge Donald G. Wilkerson has been RESET for August 5, 2011 at 9:00 a.m. in the East St. Louis Federal Courthouse. If the parties believe that a sooner or later settlement conference date will be beneficial, they may contact chambers.

I. A final pretrial conference will be set by United States Judge G. Patrick Murphy at a later date.

J. As RESET by the Court, the presumptive trial month is December 2011.

K. The Court's Order Regarding Discovery (Doc. 27) remains in effect.

AMENDED SCHEDULING AND DISCOVERY ORDER

The previous Scheduling Order (Doc. 25), as agreed upon by the parties, is amended as follows:

1. Plaintiff's deposition shall be taken by March 15, 2011.

4. Defendant's deposition shall be taken by April 15, 2011.

5. Third Party actions must be commenced by February 1, 2011. Cross-claims and counterclaims shall be filed in accordance with the Federal Rules of Civil Procedure.

6. 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): May 2, 2011.

Defendant's expert(s): June 1, 2011.

Third Party expert(s): July 1, 2011.

7. Depositions of expert witnesses must be taken by: Plaintiff's expert(s): June 1, 2011.

Defendant's expert(s): July 1, 2011.

Third Party expert(s): August 1, 2011.

8. Discovery shall be completed by August 5, 2011 (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 the discovery cut-off date.

9. All dispositive motions shall be filed by August 19, 2011 (which date shall be no later than one hundred (100) days before the first day of the month of the presumptive trial month). Dispositive motions filed after this date will not be considered by the Court.

10. Final Pretrial Conference is set before Judge Murphy __________________, 2011 at ________ a.m.

11. A Jury Trial is set before Judge Murphy for ____________________, 2011 at _______ a.m.

APPROVED AS TO FORM:

PEOPLES NATIONAL BANK, N.A., THE AMERICAN COAL COMPANY, BY: THE SHARP LAW FIRM, P.C., BY: MCGUIRE WOODS, LLP,

/s/ Terry Sharp, /s/ Kristin H. Sculli w/consent____ Attorney(s) for Plaintiff Attorney(s) for Defendant

Terry Sharp, ARDC 02569833 Kristin H. Sculli, ARDC 6286388

THE SHARP LAW FIRM, P.C. McGuire Woods LLP

Attorneys for Plaintiff Attorneys for Defendant 1115 Harrison St. Suite 4100

P.O. Box 906 77 W. Wacker Dr.

Mt. Vernon, IL 62864 Chicago, IL 60601 618-242-0246 312-849-8100

20100901

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