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IN THE COURT OF COMMON PLEAS, DELAWARE COUNTY, OHIO
COLUMBIA GAS OF OHIO, INC.,
Plaintiff,
Case No. 22 CV H 08 0397
VS.
JAMES P. SCHUCK, JUDGE
CHRISTOPHER J LAPE,
Defendant.
SCHEDULING ORDER
ATTENTION: This Scheduling Order contains detailed instructions to assist you in
preparing your case for trial. These instructions include specific procedures that may
be unique to this Court. Counsel are expected to acquaint themselves with this
Order and with the Court’s local rules.
Upon order of the Court, the following case schedule is hereby entered:
Disclosure of Initial and Rebuttal Expert Witnesses.
(1) Primary Expert Witness: A party’s expert witness is one who is qualified
by specialized knowledge, skill, experience, training, or education to
provide a scientific, technical, or other specialized opinion about the
evidence or a fact issue. If any party seeks to establish a matter
affirmatively through the use of expert testimony, that party must make
identification of such primary expert by MARCH 3, 2023.
(2) Rebuttal Expert Witness: A “rebuttal expert” means an expert who
provides an opinion that is in response to a previously-disclosed opinion
of the opposing side’s expert. Because it is a rebuttal, the rebuttal expert’s
opinion is limited to addressing and replying to an opinion already
disclosed by the opposing side’s initial expert. A rebuttal expert may not
raise or assert new opinions that are not fairly responsive to the opinions
of the opposing side’s initial expert. If any party seeks to rebut a
previously identified expert witness, that rebuttal expert witness
identification must be made by APRIL 28, 2023.
CLERK OF COURTS - DELAWARE COUNTY, OH - COMMON PLEAS COURT
22 CV H 08 0397 - SCHUCK, JAMES P.
FILED: 08/16/2022 07:27 AM
(3) The parties may agree in writing to extend the expert witness disclosure
deadlines without involvement of the Court, provided that any agreed
extension will not affect the dispositive motion deadline, final pretrial
date, or trial date.
(4) Identification of a primary or rebuttal expert witness requires disclosure
of the following: (a) the name, address, phone number, and e-mail address
of the expert witness; (b) a current curriculum vitae of the expert witness;
(c) a written report, prepared and signed by the expert witness, providing:
(i) a complete statement of all opinions the expert witness will
express and the bases and reasons for them; (ii) the facts or data
considered by the witness in forming those opinions; (iii) any
exhibits that will be used to summarize or support the expert
witness’ opinion; and (iv) a statement of the compensation to be
paid to the expert witness for the study and testimony in the case.
(6) A party’s failure to identify an expert witness prior to the deadline set by
the Court will bar the party from calling that expert witness to testify at
trial. An expert witness called at trial may not express an opinion that has
not been previously disclosed in that expert witness’ report.,
(6) Generally, treating physicians and other medical providers (“treating
physicians”) are not specially retained within the meaning of Civil Rule
26(B)(7). Unlike specially retained experts, treating physicians may offer
opinions as to matters addressed in the medical provider's records and are
not required to submit an expert report. See Civ. R. 26(B)(7)(d).
Nonetheless, any party who is likely to offer the opinions of a treating
physician must disclose the name and contact information of that treating
physician to all parties no later than the deadline set herein for the
identification of primary experts.
(7) It is not necessary for parties to file or serve the Court with a copy of their
identification of expert witnesses.
B Discovery.
(1) All discovery must be completed by JUNE 23, 2023.
(2) The foregoing discovery cut-off date means all discovery must be
concluded, as opposed to simply requested, by that date. Written
discovery must be served in such a time so that any objections and
responses are due by the discovery cut-off date. Likewise, all depositions
must be noticed at such a time so that the deposition is completed by the
discovery cut-off date.
(3) The parties may agree to conduct discovery after the discovery cut-off
date without involvement of the Court, provided that such agreement will
not affect the dispositive motion deadline, final pretrial date, or trial date.
(4) Prior to filing motions to compel, to quash, or for protective order,
counsel must discuss the issue and, if no resolution is achieved, contact
the Court by phone to discuss the issue with the Judge or Magistrate.
Discovery motions filed prior to contacting chambers may be denied.
Pretrial Motions.
(1) All motions must be in writing and filed with the Clerk of Courts.
Courtesy copies must be delivered to the Court via hand delivery, U.S.
Mail, or e-mail to SchuckCourt@co.delaware.oh.us.
(2) Non-dispositive motions must be accompanied by a proposed entry
granting the motion. Any memoranda opposing a non-dispositive motion
must be accompanied by a proposed entry denying the motion. Proposed
entries are not required for dispositive motions.
(3) Dispositive motions shall be filed on or before JULY 7, 2023.
(4) Any party requesting oral argument on a motion may make the request by
separate motion or by placing the words “ORAL ARGUMENT
REQUESTED” or similar language in the caption of the motion, response,
or reply. A request for oral argument will be granted if the Court believes
oral argument would be helpful to resolving the motion.
D Required Pretrial Filings.
(1) Pursuant to Loc.R. 25.04, any party seeking a jury trial must submit a $500
jury deposit to the Clerk of Courts no less than 60 days prior to the
scheduled trial date. If the case is resolved after the jury has been
assembled, the deposit shall be retained by the Court. Any party who
fails to make the jury deposit will be deemed to have waived jury.
(2) Each party must file a Pretrial Statement that contains the following
information:
(a) a concise statement of the claims and defenses of the parties;
(b) all facts established by admissions in the pleadings, by admissions
in discovery, or by stipulation;
(c) the contested issues of fact;
(d) the contested issues of law, together with citation to legal authority
supporting the party’s legal position;
(e) the name and address of any lay witnesses likely to testify at trial,
together with a brief statement of the subject matter of each lay
witness’ testimony, and the estimated length of the lay witness’
testimony;
(f) the names and addresses of any expert witnesses likely to testify at
trial, together with a brief statement of the subject matter of each
expert witness’ testimony, and the estimated length of the expert’s
testimony;
(8) a list of exhibits that are likely to be offered into evidence at trial,
with Plaintiff's exhibits marked by numerals and Defendant's
exhibits marked with letters;
(h) a list of all special damages being requested;
(i) that party’s expectation of the trial time needed to present its side
of the case;
(j) the status of settlement negotiations, including the date of the
mediation in which the parties participated and the name of the
mediator who conducted that mediation; and
(k) trial briefs on all disputed or substantial legal issues.
(3) In cases that will be tried to a jury, the parties must work together to
create a single proposed set of neutral jury instructions, jury
interrogatories, and verdict forms. If the parties cannot agree ona
particular instruction, that instruction must be italicized, reference the
identity of the party seeking the instruction, and cite to relevant legal
authority supporting inclusion of the instruction, The proposed set of jury
instructions, jury interrogatories, and verdict forms shall be submitted in
Word format and emailed to SchuckCourt@co.delaware.oh.us as
instructed in (D)(5).
(4) Each party shall assemble for opposing counsel and the Court a set of all
depositions, documents, photographs, and other items that will be offered
as evidence at the trial. Each set should be placed in a binder and
delivered to opposing counsel and to the Court seven days before the pre-
trial conference. Included in the binder with depositions that the party
intends to offer as evidence at trial (aside from those portions that will be
used solely for impeachment on cross-examination) should be included a
list of all objections that have been properly raised to the proposed
testimony.
(5) All pretrial materials must be filed with the Clerk of Courts and e-mailed
to the Court at SchuckCourt@co.delaware.oh.us no later than seven days
before the final pretrial conference. Failure to timely submit the required
pretrial materials may result in the imposition of sanctions, including,
but not limited to, dismissal of the case, denial ofclaims, directed verdict,
exclusion of testimony, and/or contempt of court.
(6) Motions in limine shall be filed no later than seven days before the final
pretrial conference. All responses to motions in limine shall be filed prior
to the final pretrial conference. Motions in limine will be heard and may
be ruled on at the final pretrial conference.
E Final Pretrial Conference.
(1) A final pretrial conference is scheduled for OCTOBER 30, 2023 at 4:00
pm.
(2) All parties and their trial counsel must be present. Counsel will be
expected to be prepared to discuss trial procedures, proposed jury
instructions and interrogatories, stipulations, motions in limine, concerns
about proposed witnesses, trial depositions and exhibits, and other
relevant issues.
(3) Failure to appear at the final pretrial conference may result in the
imposition of sanctions, including, but not limited to, dismissal of the
case, denial of claims, directed verdict, exclusion of testimony, and/or
contempt of court.
F, Trial.
(1) The trial of this matter is scheduled to begin on NOVEMBER 7, 2023 at
9:00 a.m.
(2) Juror questionnaires will be available for inspection one week prior to trial
by contacting the Court’s Jury Coordinator, Johnine Marstiller, at (740)
833-2558 or at jmarstiller@co.delaware.oh.us. Prospective jurors may not
be contacted.
(3) Failure to appear at trial may result in the imposition of sanctions,
including, but not limited to, dismissal of the case, directed verdict,
and/or contempt of court.
Mediation.
(1) Mediation is mandatory and must be completed no later than 60 days
prior to the date of the final pretrial conference.
(2) Unless the Court orders otherwise, parties shall mediate their case
through private mediators at their own expense.
(3) Upon motion and with Court approval, the case may be referred to a
court-compensated mediator who has been selected to participate in the
Court’s pilot civil mediation program.
(4) If the case is resolved, all counsel have a joint obligation to immediately
notify the Court.
Case Schedule Modifications.
(1) Unless otherwise stated herein, the parties are not permitted to
unilaterally extend or modify any deadline or date established in this
Order.
(2) If any party believes the Scheduling Order is not suitable for this
particular case or that an amendment to the schedule is warranted,
counsel may file a motion explaining the need for a modification.
Contemporaneously with the motion, counsel shall submit via e-mail a
proposed Amended Scheduling Order containing proposed new dates to:
SchuckCourt@co.delaware.oh.us.
The Clerk of this Court is hereby ordered to serve a copy of this Scheduling
Order upon all parties or their counsel through the Clerk’s e-filing system, by regular
mail, or by facsimile.
IT IS SO ORDERED.
War Wenger 0" Me MA
SHARI WINGET O'NEILL, MAGISTRATE
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IN THE COURT OF COMMON PLEAS, DELAWARE COUNTY, OHIO COLUMBIA GAS OF OHIO, INC., Plaintiff, Case No. 22 CV H 08 0397 VS. JAMES P. SCHUCK, JUDGE CHRISTOPHER J LAPE, Defendant. SCHEDULING ORDER ATTENTION: This Scheduling Order contains detailed instructions to assist you in preparing your case for trial. These instructions include specific procedures that may be unique to this Court. Counsel are expected to acquaint themselves with this Order and with the Court’s local rules. Upon order of the Court, the following case schedule is hereby entered: Disclosure of Initial and Rebuttal Expert Witnesses. (1) Primary Expert Witness: A party’s expert witness is one who is qualified by specialized knowledge, skill, experience, training, or education to provide a scientific, technical, or other specialized opinion about the evidence or a fact issue. If any party seeks to establish a matter affirmatively through the use of expert testimony, that party must make identification of such primary expert by MARCH 3, 2023. (2) Rebuttal Expert Witness: A “rebuttal expert” means an expert who provides an opinion that is in response to a previously-disclosed opinion of the opposing side’s expert. Because it is a rebuttal, the rebuttal expert’s opinion is limited to addressing and replying to an opinion already disclosed by the opposing side’s initial expert. A rebuttal expert may not raise or assert new opinions that are not fairly responsive to the opinions of the opposing side’s initial expert. If any party seeks to rebut a previously identified expert witness, that rebuttal expert witness identification must be made by APRIL 28, 2023. CLERK OF COURTS - DELAWARE COUNTY, OH - COMMON PLEAS COURT 22 CV H 08 0397 - SCHUCK, JAMES P. FILED: 08/16/2022 07:27 AM (3) The parties may agree in writing to extend the expert witness disclosure deadlines without involvement of the Court, provided that any agreed extension will not affect the dispositive motion deadline, final pretrial date, or trial date. (4) Identification of a primary or rebuttal expert witness requires disclosure of the following: (a) the name, address, phone number, and e-mail address of the expert witness; (b) a current curriculum vitae of the expert witness; (c) a written report, prepared and signed by the expert witness, providing: (i) a complete statement of all opinions the expert witness will express and the bases and reasons for them; (ii) the facts or data considered by the witness in forming those opinions; (iii) any exhibits that will be used to summarize or support the expert witness’ opinion; and (iv) a statement of the compensation to be paid to the expert witness for the study and testimony in the case. (6) A party’s failure to identify an expert witness prior to the deadline set by the Court will bar the party from calling that expert witness to testify at trial. An expert witness called at trial may not express an opinion that has not been previously disclosed in that expert witness’ report., (6) Generally, treating physicians and other medical providers (“treating physicians”) are not specially retained within the meaning of Civil Rule 26(B)(7). Unlike specially retained experts, treating physicians may offer opinions as to matters addressed in the medical provider's records and are not required to submit an expert report. See Civ. R. 26(B)(7)(d). Nonetheless, any party who is likely to offer the opinions of a treating physician must disclose the name and contact information of that treating physician to all parties no later than the deadline set herein for the identification of primary experts. (7) It is not necessary for parties to file or serve the Court with a copy of their identification of expert witnesses. B Discovery. (1) All discovery must be completed by JUNE 23, 2023. (2) The foregoing discovery cut-off date means all discovery must be concluded, as opposed to simply requested, by that date. Written discovery must be served in such a time so that any objections and responses are due by the discovery cut-off date. Likewise, all depositions must be noticed at such a time so that the deposition is completed by the discovery cut-off date. (3) The parties may agree to conduct discovery after the discovery cut-off date without involvement of the Court, provided that such agreement will not affect the dispositive motion deadline, final pretrial date, or trial date. (4) Prior to filing motions to compel, to quash, or for protective order, counsel must discuss the issue and, if no resolution is achieved, contact the Court by phone to discuss the issue with the Judge or Magistrate. Discovery motions filed prior to contacting chambers may be denied. Pretrial Motions. (1) All motions must be in writing and filed with the Clerk of Courts. Courtesy copies must be delivered to the Court via hand delivery, U.S. Mail, or e-mail to SchuckCourt@co.delaware.oh.us. (2) Non-dispositive motions must be accompanied by a proposed entry granting the motion. Any memoranda opposing a non-dispositive motion must be accompanied by a proposed entry denying the motion. Proposed entries are not required for dispositive motions. (3) Dispositive motions shall be filed on or before JULY 7, 2023. (4) Any party requesting oral argument on a motion may make the request by separate motion or by placing the words “ORAL ARGUMENT REQUESTED” or similar language in the caption of the motion, response, or reply. A request for oral argument will be granted if the Court believes oral argument would be helpful to resolving the motion. D Required Pretrial Filings. (1) Pursuant to Loc.R. 25.04, any party seeking a jury trial must submit a $500 jury deposit to the Clerk of Courts no less than 60 days prior to the scheduled trial date. If the case is resolved after the jury has been assembled, the deposit shall be retained by the Court. Any party who fails to make the jury deposit will be deemed to have waived jury. (2) Each party must file a Pretrial Statement that contains the following information: (a) a concise statement of the claims and defenses of the parties; (b) all facts established by admissions in the pleadings, by admissions in discovery, or by stipulation; (c) the contested issues of fact; (d) the contested issues of law, together with citation to legal authority supporting the party’s legal position; (e) the name and address of any lay witnesses likely to testify at trial, together with a brief statement of the subject matter of each lay witness’ testimony, and the estimated length of the lay witness’ testimony; (f) the names and addresses of any expert witnesses likely to testify at trial, together with a brief statement of the subject matter of each expert witness’ testimony, and the estimated length of the expert’s testimony; (8) a list of exhibits that are likely to be offered into evidence at trial, with Plaintiff's exhibits marked by numerals and Defendant's exhibits marked with letters; (h) a list of all special damages being requested; (i) that party’s expectation of the trial time needed to present its side of the case; (j) the status of settlement negotiations, including the date of the mediation in which the parties participated and the name of the mediator who conducted that mediation; and (k) trial briefs on all disputed or substantial legal issues. (3) In cases that will be tried to a jury, the parties must work together to create a single proposed set of neutral jury instructions, jury interrogatories, and verdict forms. If the parties cannot agree ona particular instruction, that instruction must be italicized, reference the identity of the party seeking the instruction, and cite to relevant legal authority supporting inclusion of the instruction, The proposed set of jury instructions, jury interrogatories, and verdict forms shall be submitted in Word format and emailed to SchuckCourt@co.delaware.oh.us as instructed in (D)(5). (4) Each party shall assemble for opposing counsel and the Court a set of all depositions, documents, photographs, and other items that will be offered as evidence at the trial. Each set should be placed in a binder and delivered to opposing counsel and to the Court seven days before the pre- trial conference. Included in the binder with depositions that the party intends to offer as evidence at trial (aside from those portions that will be used solely for impeachment on cross-examination) should be included a list of all objections that have been properly raised to the proposed testimony. (5) All pretrial materials must be filed with the Clerk of Courts and e-mailed to the Court at SchuckCourt@co.delaware.oh.us no later than seven days before the final pretrial conference. Failure to timely submit the required pretrial materials may result in the imposition of sanctions, including, but not limited to, dismissal of the case, denial ofclaims, directed verdict, exclusion of testimony, and/or contempt of court. (6) Motions in limine shall be filed no later than seven days before the final pretrial conference. All responses to motions in limine shall be filed prior to the final pretrial conference. Motions in limine will be heard and may be ruled on at the final pretrial conference. E Final Pretrial Conference. (1) A final pretrial conference is scheduled for OCTOBER 30, 2023 at 4:00 pm. (2) All parties and their trial counsel must be present. Counsel will be expected to be prepared to discuss trial procedures, proposed jury instructions and interrogatories, stipulations, motions in limine, concerns about proposed witnesses, trial depositions and exhibits, and other relevant issues. (3) Failure to appear at the final pretrial conference may result in the imposition of sanctions, including, but not limited to, dismissal of the case, denial of claims, directed verdict, exclusion of testimony, and/or contempt of court. F, Trial. (1) The trial of this matter is scheduled to begin on NOVEMBER 7, 2023 at 9:00 a.m. (2) Juror questionnaires will be available for inspection one week prior to trial by contacting the Court’s Jury Coordinator, Johnine Marstiller, at (740) 833-2558 or at jmarstiller@co.delaware.oh.us. Prospective jurors may not be contacted. (3) Failure to appear at trial may result in the imposition of sanctions, including, but not limited to, dismissal of the case, directed verdict, and/or contempt of court. Mediation. (1) Mediation is mandatory and must be completed no later than 60 days prior to the date of the final pretrial conference. (2) Unless the Court orders otherwise, parties shall mediate their case through private mediators at their own expense. (3) Upon motion and with Court approval, the case may be referred to a court-compensated mediator who has been selected to participate in the Court’s pilot civil mediation program. (4) If the case is resolved, all counsel have a joint obligation to immediately notify the Court. Case Schedule Modifications. (1) Unless otherwise stated herein, the parties are not permitted to unilaterally extend or modify any deadline or date established in this Order. (2) If any party believes the Scheduling Order is not suitable for this particular case or that an amendment to the schedule is warranted, counsel may file a motion explaining the need for a modification. Contemporaneously with the motion, counsel shall submit via e-mail a proposed Amended Scheduling Order containing proposed new dates to: SchuckCourt@co.delaware.oh.us. The Clerk of this Court is hereby ordered to serve a copy of this Scheduling Order upon all parties or their counsel through the Clerk’s e-filing system, by regular mail, or by facsimile. IT IS SO ORDERED. War Wenger 0" Me MA SHARI WINGET O'NEILL, MAGISTRATE