Free Order - District Court of Delaware - Delaware

Case 1:04-cv-01538-SLR Document 121 Filed 11/21/2005 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
HEIDI VASCEK, individually )
and as Administratrix of the )
ESTATE OF JOHN VASCEK, JR., )
Plaintiffs, g
v. g Civ. No. O4—l538-SLR
UNITED PARCEL SERVICE, INC. g
and MARK BARD, )
Defendants. g
O R D E R
At Wilmington this l8m day of November, 2005, having
reviewed the multiple motions filed by the parties in connection
with various discovery disputes;
IT IS ORDERED that:
I. Plaintiffs’ omnibus motion to compel discovery (D.I. 72)
is granted in part and denied in part. The motion is denied as
to plaintiffs’ request for inspection. Although the protocol
ultimately described might have led to the discovery of relevant
evidence, plaintiffs did not make the protocol known to
defendants in a timely, candid manner. Therefore, the court will
not allow such discovery to proceed. The motion is granted with
respect to any photographs taken by or on behalf of defendants
(whether by an employee, the insurance carrier, a consulting

Case 1:04-cv-01538-SLR Document 121 Filed 11/21/2005 Page 2 of 4
expert or a testifying expert) of the accident scene, the UPS
van, or plaintiffs’ motorcycle. Plaintiffs’ request for a
physical examination of defendant Bard has been withdrawn.
Plaintiffs’ request to compel the production of documents was
filed prematurely.
2. Defendants’ motion for a protective order (D.l. 76) is
granted, unless plaintiffs’ counsel agrees to depose Corporal
Weaver for just one (l) additional hour in my chambers.
3. Defendants’ motion to compel (D.I. 83) is granted to the
following extent: Just as I ordered defendants to produce all
photographs (at plaintiffs’ request), on or before December 2,
2005, plaintiffs shall produce all photographs in their
possession, regardless of who took them. Likewise, on or before
December 2, 2005, plaintiffs shall identify with particularity
those witnesses with knowledge of the facts and the damages they
seek to recover in this lawsuit. The parties should note in this
regard that they may NOT introduce at trial any evidence that
they fail to identify or that they refuse to produce during
discovery.
4. Defendants’ motion for protective order (D.I. 85) is
granted in part and denied in part. It is granted with respect
to the depositions of corporate designees concerning information
systems, truck maintenance and driver safety/training if, on or
before December 2, 2005, defendants provide to plaintiffs
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Case 1:04-cv-01538-SLR Document 121 Filed 11/21/2005 Page 3 of 4
defendant Bard's delivery schedule for the day of the accident,
documents relating to the UPS van’s maintenance history and any
l information as to driver safety/training. As to the remainder of
the topics, defendants’ motion is granted.
5. Defendants’ motion to quash the subpoena of Michael
Hutchinson (D.I. 87) is granted.
6. Defendants' motion to compel (D.I. 90) is moot, as
plaintiffs’ counsel denies having any statements, notes or
memoranda that relate to his meeting with witness Amy Stratton.
7. Defendants' motion for a protective order (D.I. 99) is
granted as to the requests for production of documents. The
motion is denied as to the deposition of Trooper Forrester (the
deposition is limited to one (l) hour and shall be held in my
chambers, if plaintiffs choose to go forward with same).
8. Defendants’ motion to quash subpoena directed to
Delaware Technical & Community College (D.I. lO3) is granted.
9. Plaintiffs’ motion to compel {D.I. ll?) is denied, as it
is the third motion filed by plaintiffs and it was filed without
my permission.
IT IS FURTHER ORDERED that the scheduling order entered in
this case shall be amended as follows:
l. Fact discovery is extended to December 30, 2005.
2. Expert reports for which the party has the burden of
proof shall be filed on or before January 31, 2006. Rebuttal
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Case 1:04-cv-01538-SLR Document 121 Filed 11/21/2005 Page 4 of 4
expert reports shall be filed on or before February 28, 2006.
Expert discovery shall be completed by March 31, 2006. Daubert
motions shall be filed on or before April 17, 2006.
3. I will conduct status conferences with the parties in
courtroom 6B, sixth floor of the Federal Building, 844 King
Street, Wilmington, Delaware, on January 18, 2006 at 4:30 p.m.
and on May 2, 2006 at 4:30 p.m.
4. The parties may not file any further motions to compel
or motions for protective order. If there are further discovery
disputes, I will address them at the scheduled status
conferences.
5. I will reschedule trial once the parties have managed to
finish discovery.
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