Heard v. Town of Camp Hill et al
| Douglas R. Heard |
| Town of Camp Hill, Danny Evans, Johnny R. Potts and Kendrick Norris |
| 3:2016cv00856 |
| October 28, 2016 |
| US District Court for the Middle District of Alabama |
| Opelika Office |
| Tallapoosa |
| Gray M. Borden |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Both |
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The following documents for this case are available for you to view or download:
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Filing
80
ORDER: Pending before the court are Plaintiffs Motion to Permit the Plaintiffs Subpoena to Inspect and Receive the Evidence Requested of Defendant, or in the Alternative, Motion to Compel (Doc. 77 ); Plaintiffs Motion to Extend the Discovery Cuto ff (Doc. 78 ); and Plaintiffs Motion for an Order to Prevent Removal, Deletion, Encryption of All Electronic Data From or On Any Computer Hard Drive Owned by Defendant Town of Camp Hill, Alabama (Doc. 79 ). As previously announced during the courts on-the-record statusconference on 11/20/2017, and for the reasons stated during that conference, the motions (Docs. 77 , 78 & 79 ) are DENIED as further set out in the order. Signed by Honorable Judge Gray M. Borden on 11/21/2017. (dmn, )
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Filing
76
ORDER: It is ORDERED that Plaintiff's 71 Motion to Preclude Defendants from offering expert testimony from a number of witnesses disclosed pursuant to FRCP 26 is GRANTED in part and DENIED in part as further set out in the order. It is f urther ORDERED as follows: 1. To the extent Judge Charles Price has relied on information that is not available to Heard or has not previously been produced in this action, on or before 11/22/2017, Defendants are ORDERED to provide a copy of that e vidence to Heard; and 2. On or before 11/22/2017, Defendants shall either (1) specifically identify the health professionals from whom they intend to elicit opinion testimony andprovide any disclosures required by Rule 26(a)(2), or (2) withdraw their expert disclosures for these witnesses. Signed by Honorable Judge Gray M. Borden on 11/17/2017. (dmn, )
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Filing
66
ORDER: It is hereby ORDERED that Heard's 63 Amended Motion to Modify the 25 Uniform Scheduling Order is GRANTED in part and DENIED in part as further set out in the order. Due to the extension of Plaintiff's expert disclosure deadlin e, it is further ORDERED that the 25 Uniform Scheduling Order, as amended (Docs. 44 & 56 ), is modified as follows: 1. The defendants shall provide expert witness disclosures in accordance with Section 8 of the Uniform Scheduling Order on or before 10/20/2017. 2. All discovery shall be completed on or before 11/20/2017. 3. All dispositive motions and Daubert motions shall be filed on or before 12/20/2017. Signed by Honorable Judge Gray M. Borden on 9/20/2017. (dmn, )
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Filing
56
ORDER: It is ORDERED that the Plaintiff's 52 Motion for Extension of Time to Respond to Court's 51 Order is GRANTED in part and DENIED in part as further set out in the order. It is therefore ORDERED that Plaintiffs motion (Doc. 52 ) is GRANTED to the extent it seeks to extend Plaintiffs deadline for supplementing his medical expert disclosures consistent with the Courts Order of 8/23/2017 to 9/8/2017. To the extent it seeks other relief, Plaintiffs motion (Doc. 52 ) is DENIED in all other respects. Due to the extension of Plaintiffs medical expert disclosure deadline, it is further ORDERED that the Uniform Scheduling Order (Doc. 25 ), as amended (Doc. 44 ), ismodified as follows: 1. The defendants shall provide expert witness disclosures in accordance with Section 8 of the Uniform Scheduling Order on or before 10/6/2017; 2. All discovery shall be completed on or before 11/6/2017; 3. All dispositve motions shall be filed on or before 12/6/2017. Signed by Honorable Judge Gray M. Borden on 8/29/2017. (dmn, )
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Filing
51
ORDER that Defendants' Objections to Plaintiff's Expert Witness Disclosures and Motion to Preclude Testimony (Doc. 45 ) and Motion to Extend Deadline for Disclosure of Defendants' Expert Witnesses (Doc. 50 ) are GRANTED in part an d DENIED in part as further set out in the order. Plaintiff is ORDERED to Show Cause no later than 8/30/2017 as to why Jeffrey R. Fraser should not be excluded from testifying under Rule 37(c)(1) for Heard's noncompliance with the Uniform Schedu ling Order, and specifically to address the topics set forth above in his response. It is further ORDERED that any failure by Heard to comply strictly with this order as related to any previously disclosed witness shall be deemed a withdrawal of Hear ds expert witness disclosure as to that witness, and shall result in a prohibition against presenting opinion testimony from that witness at the trial of this case or other appropriate sanctions. The Motion to Extend Deadline for Disclosure of Defendants Expert Witnesses (Doc. 50 ) is GRANTED in that defendants expert witness disclosure deadline is extended to 9/20/2017, and DENIED in all other respects. Signed by Honorable Judge Gray M. Borden on 8/23/2017. (dmn, )
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