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17-50245 - Weiler v. Nelson et al

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17-50245 - Weiler v. Nelson et al
February 15, 2018
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Order; Report and Recommendation; Status and motion hearing held on 2/15/2018. It is this Court's report and recommendation that defendant's motion to dismiss 23 be denied for the reasons stated in plaintiff's response 25. Any objection to this Report and Recommendation shall be filed by March 1, 2018. On defendant's motion to dismiss 9, the briefing schedule is amended as follows: response due 2/20/2018; reply due 3/14/2018. The parties' case management order is revised as follows: Rule 26(a)(1) disclosures are now due 2/28/2018; 35 interrogatories and 30 requests to admit by each party to any other party; 10 depositions for the plaintiff and 7 for the defendants, each limited to 4 hours except for party and Rule 30(b)(6) representative depositions which are limited to 7 hours each; amended pleadings, new counts or parties, and third-party complaints by 7/20/2018; Rule 26(a)(2)(C) disclosures and Rule 26(e) supplements by 12/14/2018; fact discovery ends 1/22/2019; dispositive motions by 2/25/2019; and retained expert dates are reserved. A telephonic status hearing is set for 4/19/2018 at 9:00 AM. By 4/17/2018, counsel shall provide their direct-dial telephone numbers for the hearing to the Court's operations specialist, who will initiate the call. (See attachment for full detail.) Signed by the Honorable Iain D. Johnston on 2/15/2018: (yxp, )
March 5, 2018
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ORDER Adopting Report and Recommendations:Before the court is a report and recommendation (R&R) 26 from the magistrate judge recommending that this court deny defendants motion to dismiss 23. Accordingly, there being no written objection to the R&R of the magistrate judge, see 28 U.S.C. ยง 636(b)(1); Fed. R. Civ. P. 72(b); Thomas v. Arn, 474 U.S. 140, 149-50 (1985), the court, having reviewed the R&R, accepts the R&R and denies the motion. Signed by the Honorable Frederick J. Kapala on 3/5/2018: mailed notice(pg, )