IN THE UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF ALABAMA 

EASTERN DIVISION 

DAVID FINNEY, an individual, ) 

 ) 

 Plaintiff, ) 

 ) 

 vs. ) CIVIL ACTION NO. 3:06-CV-622 - WKW 

 ) 

NISSAN NORTH AMERICA, INC., ) 

a foreign corporation; TAKATA U.S.A. ) 

CORPORATION d/b/a TAKATA ) 

CORPORATION, a foreign corporation; ) 

TAKATA SEAT BELTS INC., a foreign ) 

corporation; TAKATA RESTRAINT ) 

SYSTEMS INC., a foreign corporation; ) 

TAKATA NORTH AMERICAN INC., a ) 

foreign corporation; and TAKATA INC. ) 

a foreign corporation, ) 

 ) 

 Defendants. ) 

____________________________________) 

REPORT OF PARTIES’ PLANNING MEETING

1. Pursuant to Rule 26(f) of the Federal Rules of Civil Procedure, the following attorneys 

have conferred regarding proposed deadlines in this case and submit the following joint 

report: 

Kenneth Stephen Jackson, Joseph L. Tucker, Joel L. DiLorenzo and Walter B. Calton 

representing the Plaintiff 

 Chilton Davis Varner, Andrew T. Bayman, Robert B. Friedman and Robert C. Khayat, Jr. 

 representing Defendant Nissan North America, Inc. 

 Charles A. Stewart III, representing Defendants Takata Seat Belts Inc., Takata Restraint 

 Systems Inc., Takata North American Inc., Takata Inc. and Takata U.S.A. Corporation 

 (“Takata Defendants”) 

2. Pre-Discovery Disclosures. The parties shall exchange the information required by Rule 

26(a)(1) of the Federal Rules of Civil Procedure within 21 days of the entry of the 

Court’s scheduling order. 

Case 3:06-cv-00622-WKW-SRW Document 19 Filed 10/03/2006 Page 1 of 4
3. Discovery Plan. The parties jointly propose the following discovery plan: 

(1) All discovery commenced in time to be completed by November 1, 2007. 

(2) Discovery under F.R.C.P. 33 governing Interrogatories to Parties shall be 

conducted in accordance with the Federal Rules of Civil Procedure. 

(3) Discovery under F.R.C.P. 34 governing Production of Documents and 

Things shall be conducted in accordance with the Federal Rules of Civil 

Procedure. 

(4) Discover under F.R.C.P. 30 governing Depositions Upon Oral 

Examination shall be conducted in accordance with the Federal Rules of 

Civil Procedure. 

(5) Discovery under F.R.C.P. 31 governing Depositions Upon Written 

Questions shall be conducted in accordance with the Federal Rules of 

Civil Procedure. 

(6) Supplements under Rule 26(e) of the Federal Rules of Civil Procedure are 

due 30 days before the close of discovery. 

4. Other Items. 

(1) The parties do not request a conference with the Court before entry of the 

scheduling order. 

(2) Reports from retained experts under Rule 26(a)(2) of the Federal Rules of 

Civil Procedure are due from the plaintiffs by August 15, 2007, and any 

such experts shall be made available for deposition by no later than 

September 14, 2007. Reports from retained experts from the defendants 

are due by October 2, 2007, and any such experts shall be made available 

for deposition by not later than November 1, 2007. 

(3) The parties request a pretrial conference on or about February 15, 2008. 

(4) All potentially dispositive motions should be filed by November 15, 2007. 

(5) Any motions to amend the pleadings or to join additional parties should be 

filed within 90 days of the entry of the Court’s scheduling order. 

(6) Settlement and mediation cannot realistically be evaluated until the parties 

conduct further discovery. 

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Case 3:06-cv-00622-WKW-SRW Document 19 Filed 10/03/2006 Page 2 of 4
(7) Final list of trial witnesses and exhibits under 26(a)(3) of the Federal 

Rules of Civil Procedure must be served and filed: 

 a. By the Plaintiff: 30 days before trial; and 

 b. By the Defendants: 30 days before trial. 

(8) Objections are to be filed within 15 days after receipt of final list. 

(9) This case should be ready for trial by the March 10, 2008 trial. 

(10) Trial is expected to last 7-10 days. 

 

 The attorneys for the parties jointly prepared this Report of the Parties’ Planning 

Meeting, and counsel for the Plaintiffs and Defendant Nissan North America, Inc. have reviewed 

this report and given permission to Takata Defendants’ counsel to electronically file it with the 

Court on behalf of the parties. 

 

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Case 3:06-cv-00622-WKW-SRW Document 19 Filed 10/03/2006 Page 3 of 4
 Respectfully submitted this the 3rd day of October, 2006. 

JACKSON & TUCKER, P.C. 

/s/ K. Stephen Jackson

K. Stephen Jackson 

Joseph L. Tucker 

Joel L. DiLorenzo 

Black Diamond Building 

22229 First Avenue North 

Birmingham, Alabama 35203 

-andWalter B. Calton 

Calton & Rutland LLC 

PO Box 696 

Eufaula, AL 36027-0696 

ATTORNEYS FOR PLAINTIFF 

KING & SPALDING LLP 

/s/ Chilton Davis Varner

Chilton Davis Varner 

Andrew T. Bayman (admitted pro hac vice)

Georgia Bar No. 043342 

Robert B. Friedman (admitted pro hac vice)

Georgia Bar No. 277711 

Robert C. Khayat, Jr. 

Alabama Bar No. ASB-9156-T73R 

1180 Peachtree Street 

Atlanta, Georgia 30309 

(404) 572-4600 

ATTORNEYS FOR DEFENDANT 

NISSAN NORTH AMERICA, INC.

BRADLEY ARANT ROSE & WHITE, LLP 

/s/ Charles Andrew Stewart III

Charles Andrew Stewart III 

Bradley Arant Rose & White LLP 

401 Adams Avenue, Suite 780 

Montgomery, AL 36104 

ATTORNEY FOR DEFENDANTS 

TAKATA SEAT BELTS INC., TAKATA 

RESTRAINT SYSTEMS INC., TAKATA 

NORTH AMERICAN INC., TAKATA 

INC., AND TAKATA U.S.A. 

CORPORATION 

 

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