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Federal Bar Update: Uniform Case Management Plan changes

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Federal Bar UpdateExperts - The Southern District of Indiana recently modified two sections of the court’s Uniform Case Management Plan regarding experts, as follows:

F. Plaintiff(s) shall disclose the name, address, and vita of any expert witness, and shall serve the report required by Fed. R. Civ. P. 26(a)(2) on or before [no later than 13 months from Anchor Date]. Defendant(s) shall disclose the name, address, and vita of any expert witness, and shall serve the report required by Fed. R. Civ. P. 26(a)(2) on or before [30 days after Plaintiff(s) serves its expert witness disclosure]; or if Plaintiff has disclosed no experts, Defendant(s) shall make its expert disclosure on or before [no later than 14 months from Anchor Date].

G. If a party intends to use expert testimony in connection with a motion for summary judgment to be filed by that party, such expert disclosures must be served on opposing counsel no later than 60 days prior to the dispositive motion deadline. If such expert disclosures are filed the parties shall confer within 7 days to stipulate to a date for responsive disclosures (if any) and completion of expert discovery necessary for efficient resolution of the anticipated motion for summary judgment. The parties shall make good faith efforts to avoid requesting enlargements of the dispositive motions deadline and related briefing deadlines. Any proposed modifications of the CMP deadlines or briefing schedule must be approved by the court.

These provisions are straightforward and self-explanatory, but need to be reviewed, understood and calendared.

ECF civil case opening - Since Feb. 1, the Southern District has been accepting new case openings via ECF. To take advantage of this convenient option, attorneys and/or their support staff must attend a free two-hour training program at the court or via webinar. Payment of filing fees upon initiating a case via ECF occurs electronically through pay.gov, either by credit card or electronic funds withdraw from a bank account. For more information, contact the clerk’s office.

Northern District magistrate opening – The Judicial Conference has authorized a magistrate judge position in the Northern District of Indiana, Hammond Division. Applications are due by May 15. For information, see the court’s website, http://www.innd.uscourts.gov/.

Discovery from prosecutor in civil case – In Davis v. Carmel Clay Schools, No. 1:11-CV-771 (S.D. Ind. March 30, 2012), Magistrate Judge Mark Dinsmore issued a lengthy opinion addressing the ability to obtain various records from the prosecutor and police in connection with their criminal investigation of alleged bullying. The opinion grants in part and denies in part various motions to quash and compel. For counsel seeking investigative information from law enforcement, the opinion provides an excellent summary of many issues. The opinion also shows Dinsmore’s interest in and attention to detail in discovery issues.•

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John Maley – jmaley@btlaw.com – is a partner with Barnes & Thornburg, LLP, practicing federal and state litigation, employment matters, and appeals. The opinions expressed are those of the author.

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  1. by the time anybody gets to such files they will probably have been totally vacuumed anyways. they're pros at this at universities. anything to protect their incomes. Still, a laudable attempt. Let's go for throat though: how about the idea of unionizing football college football players so they can get a fair shake for their work? then if one of the players is a pain in the neck cut them loose instead of protecting them. if that kills the big programs, great, what do they have to do with learning anyways? nada. just another way for universities to rake in the billions even as they skate from paying taxes with their bogus "nonprofit" status.

  2. Um the affidavit from the lawyer is admissible, competent evidence of reasonableness itself. And anybody who had done law work in small claims court would not have blinked at that modest fee. Where do judges come up with this stuff? Somebody is showing a lack of experience and it wasn't the lawyers

  3. My children were taken away a year ago due to drugs, and u struggled to get things on track, and now that I have been passing drug screens for almost 6 months now and not missing visits they have already filed to take my rights away. I need help.....I can't loose my babies. Plz feel free to call if u can help. Sarah at 765-865-7589

  4. Females now rule over every appellate court in Indiana, and from the federal southern district, as well as at the head of many judicial agencies. Give me a break, ladies! Can we men organize guy-only clubs to tell our sob stories about being too sexy for our shirts and not being picked for appellate court openings? Nope, that would be sexist! Ah modernity, such a ball of confusion. https://www.youtube.com/watch?v=QmRsWdK0PRI

  5. LOL thanks Jennifer, thanks to me for reading, but not reading closely enough! I thought about it after posting and realized such is just what was reported. My bad. NOW ... how about reporting who the attorneys were raking in the Purdue alum dollars?

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