IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW JERSEY

CAMDEN VICINAGE

MICHAEL FRENCH,

 Plaintiff,

v.

TROOPER J.T. SQUIRE-TIBBS,

et al.,

 Defendants.

Civil No. 11-1009-JEI-KMW

SCHEDULING ORDER IN ARBITRATION CASE

This Scheduling Order confirms the directives given to

counsel at the initial scheduling conference pursuant to Rule 16,

Federal Rules of Civil Procedure on July 28, 2011; and the Court

noting the following appearances: Graham Baird, Esquire, appearing

on behalf of the plaintiff; and Cristina Martinzez, Esquire,

appearing on behalf of the defendants; and for good cause shown:

IT IS this 28th day of July, 2011, hereby ORDERED:

1. This matter is subject to compulsory arbitration

pursuant to L. CIV. R. 201.1.

2. Counsel shall make FED. R. CIV. P. 26(a) disclosures on or

before August 24, 2011.

3. Plaintiff's counsel shall forward a letter to the

Court by August 31, 2011 stating that the parties have conferred

pursuant to L. CIV. R. 26.1(b)(2) and 26.1(d) concerning discovery

of digital information and advise whether the parties have agreed

on computer-based and other digital discovery matters.

4. Initial written discovery requests shall be served by

September 1, 2011. Any responses, answers and objections to

initial written discovery requests shall be served in accordance

with Court Rules.

5. The time within which to seek amendments to the

pleadings or to add new parties will expire on November 4, 2011.

6. Pretrial factual discovery is hereby extended to

January 31, 2012. All pretrial discovery shall be concluded by

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that date. All discovery motions and applications pursuant to L.

CIV. R. 37.1(a)(1) shall be made returnable before the expiration

of pretrial factual discovery.

7. Depositions. All depositions are to be conducted in

accordance with the procedures set forth in the order of Judge

Gawthrop, in Hall v. Clifton Precision, 150 F.R.D. 525 (E.D.Pa.

1993). 

8. All expert reports and expert disclosures pursuant to

FED. R. CIV. P. 26(a)(2) on behalf of plaintiff shall be served upon

counsel for defendant not later than February 29, 2012. All expert

reports and expert disclosures pursuant to FED. R. CIV. P. 26(a)(2)

on behalf of defendant shall be served upon counsel for plaintiff

not later than March 30, 2012. Each such report should be

accompanied by the curriculum vitae of the proposed expert witness. 

No expert opinion testimony shall be admitted at trial with respect

to any witness for whom this procedure has not been timely

followed. 

The parties shall reserve their rights to conduct

depositions of proposed expert witnesses until after the

arbitration process or by leave of the Court to be sought via

conference call application.

For purposes of this Scheduling Order, treating

physicians shall not be considered expert witnesses and shall be

treated as fact witnesses who are, however, required to provide

reports and records concerning their treatment. However, any

doctor who is going to express an opinion as to the cause of a

particular condition or as to the future prognosis of a particular

condition, shall be considered an expert subject to the requirement

of FED. R. CIV. P. 26(a)(2)(B).

The parties shall also exchange, in accordance with the

foregoing schedule, written statements identifying all opinion

testimony counsel and the parties anticipate will be presented at

trial pursuant to F. R. EVID. 701 and Teen-Ed v. Kimball

International, Inc., 620 F.2d 399 (3d Cir. 1980).

9. Dispositive Motions. The parties shall reserve their

rights to file dispositive motions until after the arbitration

process or by leave of the Court to be sought via conference call

application.

10. Arbitration. This case will be scheduled for

arbitration pursuant to Local Civil Rule 201.1 The Clerk will

advise counsel of the time and place of arbitration. By copy of

this Order, the Clerk will be requested to schedule the arbitration

for a date in April, 2012.

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11. If counsel petitions for a trial de novo after

arbitration, the date to complete expert depositions and file

dispositive motions, will be scheduled.

12. The Court will conduct a telephone status conference

on January 17, 2012 at 10:00 a.m. Counsel for plaintiff shall

initiate the telephone call.

13. Any application for an extension of time beyond the

deadlines set herein shall be made in writing to the undersigned

and served upon all counsel prior to expiration of the period

sought to be extended, and shall disclose in the application all

such extensions previously obtained, the precise reasons

necessitating the application showing good cause under FED. R. CIV.

P. 16(b), and whether adversary counsel agree with the application. 

The schedule set herein will not be extended unless good cause is

shown.

THE FAILURE OF A PARTY OR ATTORNEY TO OBEY THIS ORDER MAY

RESULT IN IMPOSITION OF SANCTIONS UNDER FED. R. CIV. P. 16(f).

s/ Karen M. Williams 

KAREN M. WILLIAMS

United States Magistrate Judge

cc: Hon. Joseph E. IrenaS

 James Quinlan, Arbitration Clerk

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