Free Status Report - District Court of Arizona - Arizona

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LITTLER MENDELSON
A PROFESSIONAL CORPORATION Camelback Esplanade 2425 East Camelback Road Suite 900 Phoenix, AZ 85016 602.474.3600

J. Mark Ogden; AZ Bar No. 017018 [email protected] R. Shawn Oller; AZ Bar No. 019233 [email protected] LITTLER MENDELSON A Professional Corporation Camelback Esplanade 2425 East Camelback Road, Suite 900 Phoenix, AZ 85016 Telephone: 602.474.3600 Facsimile: 602.957.1801 Attorneys for Defendant Lynn M. Laney, Jr.; State Bar No. 01084 [email protected] 934 West McDowell Road Phoenix, AZ 85007-1730 Telephone: 602.254.7600 Facsimile: 602.252.7225 Attorney for Plaintiff UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Kenneth A. Batory, Plaintiff, v. Sears, Roebuck and Co., a New York corporation, dba "The Great Indoors," Defendant. The parties, by and through their undersigned attorneys, hereby provide this Joint Status Report to the court as required by the order of October 18, 2006, herein. 1. Date on which the parties will provide there initial disclosures required by JOINT STATUS REPORT Case No. CIV 02 2026 PHX-JWS

Federal Rules of Civil Procedure 26: December 28, 2006 2. Date upon which the parties will exchange expert witness reports, if any.

Plaintiff expects to present an expert on the calculation of economic damages by April 2, 2007. Defendant to disclose expert witnesses by May 4, 2007. Rebuttal expert witnesses to be disclosed by May 18, 2007. 3. Date for close of Discovery: June 29, 2007.
Document 49 Filed 11/30/2006 Page 1 of 3

Case 2:02-cv-02026-JWS

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LITTLER MENDELSON
A PROFESSIONAL CORPORATION Camelback Esplanade 2425 East Camelback Road Suite 900 Phoenix, AZ 85016 602.474.3600

4.

Indication of when supplements to discovery will be made.

Within a

reasonable time after such discovery is known or in the possession of the party, and as required by Fed. R. Civ. P. 26(e). 5. Deadline for amendments to pleading: Any amendments to plaintiff's

complaint by January 19, 2007. Any amendments to defendant's answer by February 16, 2007. 6. 7. 8. Deadline for filing Discovery motions: July 14, 2007. Deadline for filing Dispositive motions: August 20, 2007. Whether all parties consent to having further proceedings, including trial,

conducted by a Magistrate Judge. Defendant does not consent to having further proceedings, including trial, conducted by a Magistrate Judge. 9. Whether a timely demand for jury trial was made, and if there is a dispute

about the right to jury trial in this case. Plaintiff's Position: This action was filed in state court and removed to this court by the Defendant (based upon diversity) on October 14, 2002. The Answer was filed on October 21, 2002. The Plaintiff his demand/request for trial by jury on December 30, 2002. Dkt. #6, 13, 14 and 21. The Defendant opposed the demand/request. Dkt. #10, 12, and 15. The Court eventually denied the request for a trial by jury based upon untimeliness, although it had discretion to grant such a late request under FRCP Rule 39. Dkt. #22 (March 4, 2003). Because of the passage of time, the new judicial assignment, and intervening case law, the Plaintiff will file a new motion for trial by jury pursuant to FRCP Rule 39. Defendant's Position: This will be a trial before the court, without a jury. 10. trial. Estimated number of days for trial. The parties estimate three to four days for

... ...
Document 49 2

Case 2:02-cv-02026-JWS

Filed 11/30/2006

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LITTLER MENDELSON
A PROFESSIONAL CORPORATION Camelback Esplanade 2425 East Camelback Road Suite 900 Phoenix, AZ 85016 602.474.3600

11.

Prospects for settlement.

The parties believe that settlement may be

accomplished after discovery is completed. RESPECTFULLY SUBMITTED this 30th day of November, 2006.

s/ Lynn M. Laney, Jr. (with permission) Lynn M. Laney, Jr. Attorneys for Plaintiff

s/ R. Shawn Oller J. Mark Ogden R. Shawn Oller LITTLER MENDELSON A Professional Corporation Attorneys for Defendant

I certify that the content of this document is acceptable to all persons required to sign the document and that authorization to electronically sign this document has been obtained. s/ R. Shawn Oller

I hereby certify that I electronically transmitted the foregoing document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants this 30th day of November, 2006: Lynn M. Laney, Jr. 934 West McDowell Road Phoenix, AZ 85007-1730 Attorney for Plaintiff s/ Jaye Sanschagrin
Firmwide:81609133.1 016144.1070

Case 2:02-cv-02026-JWS

Document 49 3

Filed 11/30/2006

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