IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW JERSEY

CAMDEN VICINAGE

LAURA CHARNECO, Individually

and as Executrix of the Estate

of David Charneco, deceased,

 Plaintiff,

v.

UNITED STATES OF AMERICA,

 Defendant.

Civil No. 11-3201 (NLH/AMD)

SCHEDULING ORDER

This Scheduling Order confirms the directives given to

counsel at the scheduling conference pursuant to Rule 16, Federal

Rules of Civil Procedure on September 27, 2011; and the Court

noting the following appearances: John D. North, Esquire, and

Joseph P. Callahan, Esquire, appearing on behalf of the plaintiff;

and Mark C. Orlowski, Assistant U.S. Attorney, appearing on behalf

of the defendant; and for good cause shown:

IT IS this 27th day of September 2011, hereby ORDERED:

1. The time within which to file a motion to amend the 

pleadings or a motion to join new parties will expire on November

30, 2011.

2. The Court will conduct a telephone status conference

on January 9, 2012 at 2:00 P.M.. Counsel for plaintiff shall

initiate the telephone call.

3. Pretrial factual discovery is hereby extended to

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

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.

4. 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). 

The Court shall not permit at trial any witness testimony

by video unless the witness is unavailable as set forth in FED. R.

CIV. P. 32(a)(4), or unless such deposition use is otherwise

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permitted under FED. R. CIV. P. 32.

5. 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. Depositions of proposed expert witnesses shall be

concluded by May 31, 2012.

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).

The Court shall not permit at trial any witness testimony

by video unless the witness is unavailable as set forth in FED. R.

CIV. P. 32(a)(4), or unless such deposition use is otherwise

permitted under FED. R. CIV. P. 32.

6. Dispositive Motions. Dispositive motions shall be

filed with the Clerk of the Court no later than May 15, 2012.

Opposition to the motion should be served in a timely fashion. 

Counsel are to follow L. CIV. R. 7.1, 7.2, 56.1 and 78.1 (Motion

Practice - Generally). 

7. The Court will conduct the Final Pretrial Conference

on July 26, 2012 at 11:30 A.M.. The form Joint Final Pretrial

Order (original and two copies for the court, with sufficient

copies for all counsel), as signed by all counsel, shall be

delivered to the Court at the conference. The plaintiff's portion

of the proposed order shall be prepared and sent to defense counsel

not later than July 9, 2012. Defendant's portion of the proposed

order shall be prepared and returned to counsel for plaintiff not

later than July 20, 2012. FAILURE TO APPEAR AT THIS CONFERENCE

WILL LEAD TO THE IMPOSITION OF SANCTIONS, INCLUDING COSTS.

TRIAL COUNSEL MUST APPEAR AT THE FINAL PRETRIAL

CONFERENCE UNLESS SPECIFICALLY EXCUSED BY THE COURT. FED. R. CIV.

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P. 16(d).

8. 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 THE IMPOSITION OF SANCTIONS UNDER FED. R. CIV. P. 16(f).

s/ Ann Marie Donio 

ANN MARIE DONIO

United States Magistrate Judge

cc: Hon. Noel L. Hillman

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