On October 31, 2023 a
Discovery Plan Index #2
was filed
involving a dispute between
Bros, Jeffrey,
and
Flood, Edward,
for Personal Injury
in the District Court of Stearns County.
Preview
73-CV-23-8555
Filed in District Court
State of Minnesota
10/31/2023 10:39 AM
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF STEARNS SEVENTH JUDICIAL DISTRICT
Case Type: Personal Injury
Jeffrey Bros,
Court File No.: ____
Plaintiff,
RULE 26.06 (c)
JOINT DISCOVERY PLAN
v.
Edward Flood,
Defendant.
In accordance with Rule 26.06, Minnesota Rules of Civil Procedure, counsel for
the parties conferred in person/by telephone and have discussed the nature and basis of
their claims and defenses, the possibilities for a prompt settlement or resolution of the
case,and developed a proposed discovery plan. After conferring, in person or by
telephone, counsel for the parties, agree to the following:
1. Rule 26.01(a) disclosure deadline. The parties have made or shall make by Rule
26.01(a) disclosures on or before August 22, 2023.
2. Discoverable Issues. The issues on which the parties need to conduct discovery
are:
• Liability
• Damages
3. Discovery Deadline. All factual discovery shall be commenced in time to be
completed by May 1, 2024. The discovery deadline shall not apply to: trial
depositions.
4. Motion Deadlines. All dispositive and non-dispositive motions shall be filed and
heard May 1, 2024.
5. Rule 35 Examinations, and Reports. All Rule 35 examinations shall be
completed by March 1, 2024.
6. Disclosure of Expert Testimony. The parties shall make those expert disclosures
required by Rule 26.01(b) as follows:
a. Parties have not reached an agreement on the timeline for expert
disclosures.
i. Plaintiff proposes:
73-CV-23-8555
Filed in District Court
State of Minnesota
10/31/2023 10:39 AM
1. Disclosures by Plaintiff on or before March 1, 2024.
2. Disclosures by Defendant on or before April 1, 2024.
3. Rebuttal Disclosures intended solely to contradict or rebut
evidence on the same subject matter identified by another
party under Rule 26.01(b)(2) or (3), shall be made 30 days
after the initial expert disclosure.
ii. Defendant proposes:
1. Expert disclosures by Plaintiff on or before March 1, 2024.
2. Disclosures by Defendant on or before May 1, 2024.
3. Rebuttal Disclosures intended solely to contradict or rebut
evidence on the same subject matter identified by another
party under Rule 26.01(b)(2) or (3), shall be made 60 days
after the initial expert disclosure.
7. Deadline to Join Other Parties. The parties shall have until January 1, 2024 from
date of filing to move to join additional parties.
8. Deadline to Amend the Pleadings. The parties shall have until March 1, 2024.
from date of filing to move to amend the pleadings to add claims or defenses.
9. Alternative Dispute Resolution. Counsel have discussed between themselves
and explored with their clients early involvement in alternative dispute resolution.
The following option(s) would be appropriate in this case:
a. ADR Process:
_X Mediation
____ Arbitration (non-binding)
____ Arbitration (binding)
____ Med-Arb
____ Early Neutral Evaluation
____ Moderated Settlement Conference
____ Mini-Trial
____ Summary Jury Trial
____ Consensual Special Magistrate
____ Impartial Fact-Finder
____Counsel agree that ADR is appropriate but request that the
Court select the process.
Counsel agree that ADR is NOT appropriate because:
____ The case implicates the federal or state constitution.
____ Other (explain with particularity): _______________________
____ Domestic violence has occurred between the parties.
b. The parties agreed to select an ADR neutral on or before January 1, 2024.
c. The parties recommend that the ADR process be completed by March 1,
2024.
73-CV-23-8555
Filed in District Court
State of Minnesota
10/31/2023 10:39 AM
10. Trial of this case will be by jury.
11. The estimated length of trial is 6 days.
12. That parties agree that the case will be ready for trial on or after September 1,
2024.
October 25, 2023
Dated: ________________ By: /s Valerie Narcy
______
Mara C. Brust Reg. No. 0392703
Mara@hallinjurylaw.com
Valerie Narcy, Reg. No. 0402007
Valerie@hallinjurylaw.com
Attorneys for Plaintiff
1010 W. St. Germain St., #320
St. Cloud, MN 56301
Telephone: (320) 255-1000
Dated: October 25, 2023 /s Andrew Brown
Andrew Brown
Attorney ID #0284701
Attorney for Defendant
8661 Eagle Point Boulevard
Lake Elmo, MN 55042
(651) 702-1414
a.brown@redingpilney.com
Document Filed Date
October 31, 2023
Case Filing Date
October 31, 2023
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Preview
73-CV-23-8555 Filed in District Court State of Minnesota 10/31/2023 10:39 AM STATE OF MINNESOTA DISTRICT COURT COUNTY OF STEARNS SEVENTH JUDICIAL DISTRICT Case Type: Personal Injury Jeffrey Bros, Court File No.: ____ Plaintiff, RULE 26.06 (c) JOINT DISCOVERY PLAN v. Edward Flood, Defendant. In accordance with Rule 26.06, Minnesota Rules of Civil Procedure, counsel for the parties conferred in person/by telephone and have discussed the nature and basis of their claims and defenses, the possibilities for a prompt settlement or resolution of the case,and developed a proposed discovery plan. After conferring, in person or by telephone, counsel for the parties, agree to the following: 1. Rule 26.01(a) disclosure deadline. The parties have made or shall make by Rule 26.01(a) disclosures on or before August 22, 2023. 2. Discoverable Issues. The issues on which the parties need to conduct discovery are: • Liability • Damages 3. Discovery Deadline. All factual discovery shall be commenced in time to be completed by May 1, 2024. The discovery deadline shall not apply to: trial depositions. 4. Motion Deadlines. All dispositive and non-dispositive motions shall be filed and heard May 1, 2024. 5. Rule 35 Examinations, and Reports. All Rule 35 examinations shall be completed by March 1, 2024. 6. Disclosure of Expert Testimony. The parties shall make those expert disclosures required by Rule 26.01(b) as follows: a. Parties have not reached an agreement on the timeline for expert disclosures. i. Plaintiff proposes: 73-CV-23-8555 Filed in District Court State of Minnesota 10/31/2023 10:39 AM 1. Disclosures by Plaintiff on or before March 1, 2024. 2. Disclosures by Defendant on or before April 1, 2024. 3. Rebuttal Disclosures intended solely to contradict or rebut evidence on the same subject matter identified by another party under Rule 26.01(b)(2) or (3), shall be made 30 days after the initial expert disclosure. ii. Defendant proposes: 1. Expert disclosures by Plaintiff on or before March 1, 2024. 2. Disclosures by Defendant on or before May 1, 2024. 3. Rebuttal Disclosures intended solely to contradict or rebut evidence on the same subject matter identified by another party under Rule 26.01(b)(2) or (3), shall be made 60 days after the initial expert disclosure. 7. Deadline to Join Other Parties. The parties shall have until January 1, 2024 from date of filing to move to join additional parties. 8. Deadline to Amend the Pleadings. The parties shall have until March 1, 2024. from date of filing to move to amend the pleadings to add claims or defenses. 9. Alternative Dispute Resolution. Counsel have discussed between themselves and explored with their clients early involvement in alternative dispute resolution. The following option(s) would be appropriate in this case: a. ADR Process: _X Mediation ____ Arbitration (non-binding) ____ Arbitration (binding) ____ Med-Arb ____ Early Neutral Evaluation ____ Moderated Settlement Conference ____ Mini-Trial ____ Summary Jury Trial ____ Consensual Special Magistrate ____ Impartial Fact-Finder ____Counsel agree that ADR is appropriate but request that the Court select the process. Counsel agree that ADR is NOT appropriate because: ____ The case implicates the federal or state constitution. ____ Other (explain with particularity): _______________________ ____ Domestic violence has occurred between the parties. b. The parties agreed to select an ADR neutral on or before January 1, 2024. c. The parties recommend that the ADR process be completed by March 1, 2024. 73-CV-23-8555 Filed in District Court State of Minnesota 10/31/2023 10:39 AM 10. Trial of this case will be by jury. 11. The estimated length of trial is 6 days. 12. That parties agree that the case will be ready for trial on or after September 1, 2024. October 25, 2023 Dated: ________________ By: /s Valerie Narcy ______ Mara C. Brust Reg. No. 0392703 Mara@hallinjurylaw.com Valerie Narcy, Reg. No. 0402007 Valerie@hallinjurylaw.com Attorneys for Plaintiff 1010 W. St. Germain St., #320 St. Cloud, MN 56301 Telephone: (320) 255-1000 Dated: October 25, 2023 /s Andrew Brown Andrew Brown Attorney ID #0284701 Attorney for Defendant 8661 Eagle Point Boulevard Lake Elmo, MN 55042 (651) 702-1414 a.brown@redingpilney.com