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Torts: Personal Injury - Other Personal Injury | South Dakota
Protective Order
Joint MOTION for Protective Order by Leavitt Recreation & Hospitality Insurance, Inc.. (Attachments: # 1 Proposed Order Protective Order) (Hickey, Michael)
Marine | New York Eastern
Status Conference ~Util - Set Deadlines
Minute Entry and Order: A telephonic Status Conference was held on 9/23/2026 before Magistrate Judge Taryn A. Merkl. Appearances by Timothy Schweitzer and Scott Silbert for Plaintiff; Carmella O'Hanlon for Defendants. Discussion held regarding the dispute raised in the discovery letter filed at ECF 23 and the remaining discovery deadlines. As stated on the record, Plaintiff expects to produce reports for various experts, including a liability expert, an economist, and medical experts. Discussion also held regarding Plaintiff's request for disclosures concerning surveillance of Plaintiff and the need to briefly reopen Plaintiff's deposition. In light of the number of anticipated expert witness disclosures and in order to facilitate the depositions of Plaintiff's treating physicians as both fact and expert witnesses in sufficient time for Defendants to retain and disclose rebuttal experts, the parties' discovery plan is modified, in part, as follows. As agreed upon on the record, Defendants are directed respond to Plaintiff counsel's demand for evidence concerning surveillance of Plaintiff by 9/25/2026. The parties are also respectfully directed to meet and confer to schedule the reopening of Plaintiff's deposition. The parties are reminded that the deadline to file a joint status report certifying the close of fact discovery is 10/9/2026, with the exception that Plaintiff's treating physicians, Dr. Owen and Dr. Lonseth, whom Defendants may depose as both fact and expert witnesses following the production of their expert reports so as to avoid duplicative depositions. The deadline for opening expert disclosures remains 11/16/2026. Exchange of rebuttal expert reports shall be completed by 2/12/2027. Expert depositions shall be completed by 4/16/2027. All expert discovery shall be completed by 4/23/2027, and certification of the completion of all discovery shall be filed on ECF by 4/30/2027. The last date to take the first step in dispositive motion practice is 6/2/2027, and must be done in accordance with the Individual Rules of the assigned district judge. Ordered by Magistrate Judge Taryn A. Merkl on 9/23/2026. (Cisco Log #10:00-10:23.) (SS)
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