United States District Court, District of Wyoming
ORDER ON INITIAL PRETRIAL CONFERENCE
L. CARMAN UNITED STATES MAGISTRATE JUDGE.
31, 2018, an initial pretrial conference was held in this
matter by telephone before the Honorable Mark L. Carman,
United States Magistrate Judge for the District of Wyoming.
Counsel participating were R. Daniel Fleck and Gabriel
Phillips for Plaintiff, and John Fairless for Defendant.
and Venue - The Court has jurisdiction over both the parties
and the subject matter of this action, and venue is proper in
the United States District Court for the District of Wyoming.
Proper service of process has been accomplished on all
parties, and no parties are erroneously joined in or omitted
from the action.
to Trial by Magistrate Judge - The parties are all aware of
the provisions of 28 U.S.C. § 636(c) and U.S.D.C.L.R.
73.1 (a), and acknowledge that this case will proceed before
the District Judge assigned hereto, and not before the
Magistrate Judge. However, the parties are not precluded from
consenting to trial before a Magistrate Judge anytime sixty
(60) days prior to the trial date.
and Defenses - This case arises from the July 1, 2016 car
accident in Southeast Wyoming involving Plaintiffs'
motorcycle and Defendant's truck. While Plaintiffs were
passing Defendant in the left lane, Defendant veered left to
drive onto his field, striking a cargo trailer being pulled
by Plaintiffs. Plaintiffs lost control, crashed, and suffered
severe injuries. Plaintiffs contend Defendant's turn was
negligent, and seek damages for loss of income, loss of
enjoyment of life, disability, pain and suffering and medical
expenses. Defendant generally denies Plaintiffs'
allegations and asserts the following affirmative defenses:
Plaintiff failed to state a claim; Plaintiffs failed to
mitigate their damages; Plaintiffs' injuries were
unrelated to Defendant's actions; Plaintiffs'
financial payout must be reduced by setoffs from other
sources; and Plaintiffs or other individuals were at fault.
The Defendant reserves the right to assert additional
of the Case - The undersigned Judge is of the opinion that
this is a non-complex case. Rule 26(f) Scheduling Conference
- The parties have complied with the requirements of Rule
26(f) of the Federal Rules of Civil Procedure.
Routine Discovery - The parties have completed exchange of
self-executing routine discovery exchanges as required by
to the January 24, 2014 General Order Regarding Discovery
Motions, available at http://www.
ons%20KHR.%20MLC.pdf. the parties shall confer regarding any
discovery dispute, and in the event the parties cannot settle
the discovery dispute on their own, counsel shall jointly
contact Judge Carman's Chambers prior to filing any
written discovery motions.
PARTIES HAVE A CONTINUING DUTY TO SUPPLEMENT OR CORRECT ALL
DISCOVERY DISCLOSURES OR RESPONSES IN ACCORDANCE WITH FED. R.
CIV. P. 26(a) AND U.S.D.C.L.R. 26.1(c). Proposed
Orders - All proposed orders regarding
dispositive motions filed in this matter should be submitted
to Judge Skavdahl's chambers in Word or WordPerfect
format and emailed to wyojudgesws@wyd. uscourts.gov.
proposed orders regarding non-dispositive motions should be
submitted to Judge Carman's chambers in a Word or
WordPerfect format and emailed to wyojudgemlc@wyd.
of Pleadings-August 30, 2018
motions to amend the pleadings shall be filed on or before
August 30, 2018.
Witness Designation -
Designation Deadline - October 10, 2018
Designation Deadline - November 13, 2018
accordance with U.S.D.C.L.R. 26.1(e), Plaintiff shall
designate expert witnesses and provide Defendant with a
complete summary of the testimony of each expert by October
10, 2018. PLAINTIFF'S DESIGNATION SHALL INCLUDE THE
DESIGNATION OF ALL TREATING MEDICAL AND MENTAL HEALTH
PROVIDERS WHO MAY OR WILL BE CALLED TO TESTIFY AT TRIAL IN
PART OR IN FULL AS AN EXPERT WITNESS. In accordance with
U.S.D.C.L.R. 26.1(e), Defendant shall designate expert
witnesses and provide the Plaintiff with a complete summary
of the testimony of each expert by November 13, 2018. These
summaries SHALL include a comprehensive statement of the
expert's opinions and the basis for the opinions. See
Smith v. Ford Motor Co., 626 F.2d 784 (10th Cir. 1980). This
expert designation does not satisfy the obligation to provide
an expert report under Federal Rule of Civil Procedure
26(a)(2)(B). Plaintiff may depose Defendant's experts
after the discovery cutoff date, but must complete the
depositions fourteen (14) days PRIOR to the
final pretrial conference.
PARTIES SHALL SERVE UPON ONE ANOTHER, AND FILE WITH THE
COURT. THEIR WRITTEN EXPERT AND SUMMARY REPORTS PURSUANT TO
FED. R. CIV. P. 26(a)(2)(B) and (C).
cases where treating medical or mental health providers,
including vocational rehabilitation specialists, may or will
be called to testify at trial in part or in full as an expert
witness, the party calling that witness SHALL designate that
medical or mental health provider as an expert witness.
party designating the expert witness shall set forth all
special conditions or requirements which the designating
party or the expert witnesses will insist upon with respect
to the taking of their depositions, including the amount of
compensation the expert witness will require and the rate per
unit of time at which said compensation will be payable. In
the event counsel is unable to obtain such information to
include in the designation, the efforts to obtain the same
and the inability to obtain such information shall be set
forth in the designation.