Free Scheduling Order - District Court of Federal Claims - federal

Case 1:95-cv-00524-GWM

Document 416

Filed 11/01/2007

Page 1 of 2

In the United States Court of Federal Claims
____________________________________ ) ) ) ) ) ) Plaintiffs, ) v. ) ) THE UNITED STATES, ) ) Defendant. ) ____________________________________) HOMER J. HOLLAND, STEVEN BANGERT, Co-Executor of the Estate of HOWARD R. ROSS, and FIRST BANK,

No. 95-524C Filed November 1, 2007

ORDER

Plaintiffs have moved in limine to preclude defendant from calling as trial witnesses any persons whose deposition transcripts defendant has sought to have admitted as evidence. See Docket Entry 415. Plaintiffs believe that defendant should be faced with a choice between admitting (or reading into the record) a particular witness's deposition transcript and putting that witness on the stand for live testimony. Because plaintiffs believe defendant might choose the live testimony option were this Court to rule in plaintiffs' favor, and because this choice by defendant would result in defendant's proffered deposition designations being withdrawn, plaintiffs have requested that this issue be resolved before plaintiffs are required to submit objections to defendant's designations of deposition transcripts, currently scheduled for Monday, November 5, 2007. The Court agrees that resolving plaintiffs' motion in limine expeditiously makes sense. Thus, the Court hereby ORDERS as follows: 1. Defendant shall file any written opposition to plaintiffs' motion in limine (docket entry 415) no later than 12:00 noon on Tuesday, November 6, 2007. 2. The Court will hold a telephonic hearing at 3:00 p.m. on Tuesday, November 6, 2007, for the purpose of deciding plaintiffs' motion in limine. The Court will initiate the call. 3. To allow time for the Court to rule on plaintiffs' motion and for the parties to react accordingly, the deadlines currently set shall be modified as follows:

Case 1:95-cv-00524-GWM

Document 416

Filed 11/01/2007

Page 2 of 2

a. Any further motions in limine and any objections to witnesses or exhibits that can be made in advance of trial shall be filed on Monday, November 5, 2007, as currently scheduled. b. The other filings currently due on November 5, 2007, or November 6, 2007 (that is, (1) defendant's non-hearsay objections to plaintiffs' deposition excerpts, (2) plaintiffs' objections and counter-designations to defendant's deposition excerpts, (3) defendant's expert deposition excerpts, and (4) plaintiffs' objections to defendant's counter-designations) shall now be filed on or before Friday, November 9, 2007. c. All other deadlines shall remain as previously ordered.

IT IS SO ORDERED.

s/ George W. Miller GEORGE W. MILLER Judge

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