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The Romaker Law Firm
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Filed: April 16, 2024 | Entered: April 16, 2024 Martinez v. Eldan, Inc. et al
365(Personal Inj. Prod. Liability) | Illinois Northern
Minute
MINUTE entry before the Honorable Heather K. McShain: Before the Court is the parties' joint motion 95 to extend the fact discovery deadline to 07/31/2024. The parties report that although they have completed much discovery, plaintiff still intends to take four depositions and the Eldan Defendants intend to take a deposition that all have yet to be scheduled. The Eldan Defendants also report that they issued a subpoena and FOIA request to OSHA for a copy of their investigation file, but OSHA has not yet responded to either. The Eldan Defendants anticipate issuing a subpoena for plaintiff's full and complete workers' compensation. For the reasons stated in the motion, the Court grants the parties' joint motion 95 to extend the fact discovery deadline. Fact discovery to be completed by 07/31/2024. Mailed notice (ags) (Entered: 04/16/2024)
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Motion | Filed: April 12, 2024 | Entered: April 12, 2024 Martinez v. Eldan, Inc. et al
365(Personal Inj. Prod. Liability) | Illinois Northern
Motion
MOTION by Defendant Eldan Recycling A/S for extension of time to complete discovery [Second Joint Motion to Extend Fact Discovery]
Presented before Magistrate Judge
(Stirling, Scott) (Entered: 04/12/2024) -
Filed: April 05, 2024 | Entered: April 05, 2024 Martinez v. Eldan, Inc. et al
365(Personal Inj. Prod. Liability) | Illinois Northern
Minute
MINUTE entry before the Honorable Heather K. McShain: The Court has reviewed the parties' joint status report 93 , which reports that the deposition of Lars Eriksen, an employee of Eldan Recycling, was rescheduled for 04/09/2024. Plaintiff indicates that Eriksen's deposition will dictate whether it is necessary for plaintiff to depose any of three additional Eldan Recycling employees. The parties report that four depositions of employees/former employees of United Scrap Metal still need to be scheduled and the parties expect that these depositions will be completed within the next 45 days. The Eldan defendants report that they are still in the process of obtaining documents from their subpoena for the workers' compensation claim file and FOIA request for OSHA's full investigation file. The Court notes that fact discovery is set to close on 04/12/2024 87 . If the parties cannot complete fact discovery by the current deadline, they will need to file a formal motion for an extension before Judge Coleman. On expert discovery, the parties report that plaintiff and the Eldan defendants have exchanged dates on which their respective liability experts are available to inspect the machine at issue. Third-party defendant United Scrap Metal has expressed opposition to the inspection. The parties have agreed to meet and confer to attempt to resolve this issue but expect that a motion will be filed if they are unable to resolve the inspection dispute. Any inspection would nevertheless not take place until after 05/10/2024 because plaintiff's liability expert will be out of the country until then. On settlement, the parties report that no settlement discussions have taken place. Further joint status report due 04/26/2024 to update the Court on (a) the progress of fact discovery, if not complete and the deadline extended; (b) a proposed expert discovery schedule; (c) the state of settlement discussions, if any; and (d) any other issues the parties seek to raise with the Court. The parties may contact chambers at any time (by email to Chambers_McShain@ilnd.uscourts.gov) should they be interested in discussing settlement with the Court's assistance. Mailed notice (ber, ) (Entered: 04/05/2024)
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