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Preece v. Burr

United States District Court, District of Wyoming

August 2, 2018

MICHAEL BURR, Defendant.



         On July 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.

         Jurisdiction 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.

         Consent 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.

         Claims 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 affirmative defenses.

         Complexity 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.

         Self-Executing Routine Discovery - The parties have completed exchange of self-executing routine discovery exchanges as required by U.S.D.CL.R. 26.1(b).

         Pursuant 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.

         THE 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.

         All 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.

         Amendment of Pleadings-August 30, 2018

         Any motions to amend the pleadings shall be filed on or before August 30, 2018.

         Expert Witness Designation -

         Plaintiff Designation Deadline - October 10, 2018

         Defendant Designation Deadline - November 13, 2018

         In 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.


         In 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.

         The 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.

         U.S.D.C.L.R. 26.1(e).

         Independent ...

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