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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. A sad end to a prolific gadfly. Indiana has suffered a great loss in the journalistic realm.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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