UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

AMY CONWAY, 

 Plaintiff, 

vs. Case No. 2:09-CV-10065 

HONORABLE MARIANNE O. BATTANI 

KAZ INCORPORATED, a Foreign 

Corporation, 

Defendant. 

MAGISTRATE MONA K. MAJZOUB 

RILEY P. RICHARD (P 23822) 

Attorney for Plaintiff 

39040 W. Seven Mile Road 

Livonia, MI 48152-1006 

734-542-9500 

Fax: 734-542-0057 

McLEOD & ASSOCIATES 

FREDERICK G. ECCLESTONE (P 26313) 

Attorneys for Defendant 

Two Towne Square, Suite 550 

Southfield, MI 48076-3766 

(248) 386-8800 

Fax: (248) 386-8842 

JOINT STATEMENT OF RESOLVED AND UNRESOLVED ISSUES

 NOW COME the above-captioned parties by and through their attorneys, and 

hereby submit the following Joint Statement of Resolved and Unresolved Issues: 

Resolved Issues

(1) The parties have stipulated to, and this Honorable Court has entered 

collaterally, an Amended Scheduling Order with the following deadlines: 

 Witness List: 9/01/09 

 Discovery Cutoff: 11/03/09 

 Dispositive Motions filed by: 1/15/10 

 Case Evaluation Month: To be determined 

 Settlement Conference: To be set by Court 

Case 2:09-cv-10065-MOB-MKM Document 18 Filed 08/26/09 Page 1 of 3
(2) FR Civ P 26(a)(2)(B) Disclosures as to each endorsed liability expert shall 

be filed by October 3, 2009, absent further agreement of the parties, or Order of this 

Court. 

(3) The Defendant shall on or before September 3, 2009, provide 

Supplemental, Amended Answers to Plaintiff’s Request for Admissions 1 and 2; 

Interrogatories 1, 2, 7 and 9, and provide documents in response to Plaintiff’s Request 

for Production of Documents number 3. 

(4) The Defendant shall produce for discovery depositions Walter Birdsell and 

Dottie Goldsmith on or before September 18, 2009. 

(5) The parties have stipulated to list and call not more than one independent 

liability expert per field of expertise. Nothing in this agreement shall prevent either party 

from calling qualified treating and attending medical experts, physicians, or specialists 

who might also comment on pharmaceutical or toxicology issues, or other issues 

affecting upon liability provided such testimony is otherwise admissible. 

(6) The parties have agreed to have their engineering/testing experts consult 

regarding further non-destructive testing of the subject heating pad by September 11, 

2009. Each party shall bear the cost of their own expert’s fees for such consultation 

and testing and shall split the cost of any testing procedure such as x-rays. Neither 

party shall engage in destructive testing of the subject heating pad unless agreed upon 

by the parties. 

2

Case 2:09-cv-10065-MOB-MKM Document 18 Filed 08/26/09 Page 2 of 3
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Unresolved Issues

 None known at the present time. 

s/RILEY P. RICHARD s/FREDERICK G. ECCLESTONE(with consent

RILEY P. RICHARD (P23822) FREDERICK G. ECCLESTONE (P26313) 

Attorney for Plaintiff McLEOD & Associates 

39040 W. Seven Mile Road Attorneys for Defendant 

Livonia, MI 48152-1006 Two Towne Square, Suite 550 

(734) 542-9500 Southfield, MI 48076-3766 

 (248) 386-8800 

CERTIFICATE OF SERVICE

I hereby certify that on August 25, 2009, I electronically filed the foregoing paper with the Clerk 

ofthe Court using the ECF system which will send notification of such filing to the following: 

Frederick G. Ecclestone, Esq. 

 s/RILEY P. RICHARD 

 Attorney for Plaintiff 

39040 W. Seven Mile Road 

Livonia, MI 48152-1006 

(734) 542-9500 

E-mail: rpr@ameritech.net 

 (P23822) 

Case 2:09-cv-10065-MOB-MKM Document 18 Filed 08/26/09 Page 3 of 3