Free Report of Rule 26(f) Planning Meeting - District Court of Delaware - Delaware

Case 1:07-cv-00022-JJF Document 12 Filed 08/23/2007 Page 1 of 3 I
UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE
L-ISA DESOMBR-E; a natural guardian of hz
A.H., a minor :
: C.A. No.: 07—CV-22
Plaintiff :
v.
KB TOYS, INC., d/b/a ICB TOYS
Defendant
JOINT STATUS REPORT OF PARTIES REGARDING
F.R.C.P. 26(f) PLANNING MEETING `
Pursuant to Federal Rule of Civil Procedure 26(D a telephonic meeting was held on July
27, 2007, and was attended by:
Marc H. Snyder, Esquire for the Plaintiff
Daniel McKenty, Esquire for the Defendant
1. Jurisdiction and Service
Jurisdiction is proper. Service was timely accomplished on the defendant,
2. Substance of the Action
Plaintiff:
Plaintiff, Lisa DeSombre, on behalf her minor child (AH »· age 5 on date of
incident), has alleged that while shopping at KB Toys, unknown to her, a contractor’s
hammer was situated on top of a cardboard box containing a child’s costume for sale.
Plaintiff reached up to grab the box, when the contractor’s hammer fell about 4 % feet,
and struck her minor child’s head. Plaintiff alleges that her son, AH, has suffered from ·
an array cognitive and neurological problems as result of being struck on the head by
the hammer.
Defendant:
Defendant has answered Plaintiffs Complaint denying proximate causation and
liability and has asserted afdrmative defenses of comparative negligence, intervening or
superceding cause and negligent acts of a third person.
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Case 1:07-cv-00022-JJF Document 12 Filed 08/23/2007 Page 2 of 3
3. Identification of Issues
Plaintiifz _
It is plaintiff’s understanding that defendant is contesting both liability and
proximate causation.
Defendant:
Defendant is contesting both proximate causation and liability.
4. Narrowing of Issues
The parties are in the process of scheduling plaintiff, Lisa DeSon1bre’s deposition,
which is expected to help clarify the issues of this matter.
5. Relief °
Plaintiff alleges that Minor~Plaintift, AH, has suffered cognitive and neurological
dehcits, which has caused headaches and excessive blinking, and affected his
concentration and focus, and has had a direct impact on 11is school work.
6. Amendment to Pleadings ”
A Y The parties do not anticipate any amendment to the pleadings.
7. Joinder of Parties
A A The parties do not anticipate joining additional parties.
8. Discovegjy.
Plaintiff:
Plaintiff anticipates issuing routine discovery requests, including interrogatories,
requests for production and, possibly, requests for admissions. in addition, plaintiff
anticipates taking depositions of the store manager, store clerk, and eyewitness to the
accident. Expert discovery will also be needed. Plaintiff anticipates that factual discovery
can be completed within six months.
Defendant:
Defendant anticipates issuing routine discovery requests, including inter- .
rogatories, Requests for Production and, possibly, Requests for Admission. Additionally,
the parties are in the process of scheduling the deposition of Plaintiff Lisa Desornbre.
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Case 1:07-cv-00022-JJF Document 12 Filed 08/23/2007 Page 3 of 3
Defendant anticipates that expert discovery may be required and further anticipates that
all factual discovery can be completed within 6 months.
9. Estimated Trial Length
The parties estimate the length of the trial to be 3—4 days. Bifurcation is not
desirable. The parties will explore possible ways to reduce the length of trial, such as by
the use of stipulations, summaries or statements.
10. Jug trial
A jury trial of twelve has been demanded.
11. Settlement
No settlement discussions have taken place to date. The parties will explore
settlement possibilities during the discovery phase ofthe trial. lt is toc early to comment
meaningfully on whether referral to the Magistrate for mediation or other ADR
mechanism is appropriate. The Court should order the patties to provide an update on this
issue to the Court in three months.
12. Other matters
None at this time.
13. Statement of Counsel .
Counsel for the parties have conferred about each ofthe above matters.
Submitted this 2; day of August,g)O'/
i yder, Esquire ame ` ,cKenty, Es » . L .
Ro n, Moss, Snyder & Bleefeld, LLP Heckler & Frabizzio
Bar ID# 3791 800 Delaware Avenue, Su 0
1813 Marsh Road, Suite D P.O. Box 128
Wilmington, DE 19810 Wilmington, DE 1.9899 ”
(302) 475—8060 (302) 573-4800
Attorneys for Plaintiff Attorney for Defendant
Doc. 355988 - File 17359
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